Take a look at the December 2014 issue of Huntersville Magazine featuring Adkins Law PLLC. Adkins Law PLLC is located in Huntersville, North Carolina and primarily serves Mecklenburg County and the Lake Norman area. If you need to speak with a divorce attorney, traffic attorney, or estate planning attorney, contact Adkins Law PLLC. What is a living will? In North Carolina, a living will, also referred to as an Advanced Directive for a Natural Death, specifies what type of health care and medical treatments you prefer if you are unable to direct your health care. Without a living will in place, in the event you suffer from an illness or accident that leads to your incapacitation, you won’t be able to make decisions regarding your health care treatment. When you have a living will, you may specify what health care treatment you desire, even if you cannot communicate this to your health care provider. A living will allows you to direct your health care provider to provide you with the maximum care possible, minimum care possible, or leave the decision to the discretion of an appointed health care power of attorney agent. A health care power of attorney works in conjunction with a living will. This is the document that appoints your health care agent. A health care agent is someone who can direct your health care in the event of your incapacitation. Most people choose their spouse, significant other, relative, or close friend to be their health care power of attorney. In North Carolina, the only requirements for being a health care power of attorney are that you are at least 18 years old and you are not being compensated for your position. If you need legal advice concerning a living will, advanced directive, or health care power of attorney, please contact Adkins Law PLLC to speak with an estate planning attorney in Huntersville NC. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, and the Lake Norman area. Do I really need a will? This is a very common question and the answer really depends on your life stage and situation. A younger, single person with minimal assets is less likely to need a will than a married person with a secure career, children, and considerable assets. A will simply ensures that your assets are distributed as you desire. If you have minor children, a will may also determine who will take guardianship of them in the event of your death.
A will is one of the most important legal documents you can create during your lifetime. In North Carolina, if you die without a will, you are said to have died “intestate.” Dying intestate means that your assets are distributed by North Carolina intestate succession laws. This usually means that your assets will go to your closest relatives, whether you want them to or not. Not only may your assets be distributed in a way you do not desire, this may also lead to potential and unnecessary lawsuits amongst your successors. To ensure that your assets are distributed as you wish, and that your loved ones are cared for after you pass, a will is essential. To be valid, a will must meet the legal requirements set for by North Carolina law. A will executed in North Carolina will also be valid in most other states, as long as the document is a valid will under that state’s laws. In North Carolina, any person at least eighteen (18) years old, or a lawfully married minor, may make a will as long as they are competent and of sound mind. The will must be in writing and signed by the testator and two witnesses. If the testator is unable to sign the will, he or she may direct another person to sign on his or her behalf. Additionally, the two witnesses must sign in the testator’s presence. In North Carolina, it is recommended that a witness be a disinterested party. A disinterested party is one who does not inherit under the will. Having disinterested witnesses prevents the will from being challenged by other parties. As long as a will is self-proven in a signed affidavit to a notary, the witnesses will not have to testify in court as to the will’s authenticity. The will is said to be self-proven and thus authentic. If you believe you need a will and want to speak to an estate planning attorney in Huntersville NC, or a wills lawyer in Huntersville NC, please contact Adkins Law. Adkins Law is located in Huntersville and primarily serves Huntersville Cornelius, Davidson, Charlotte, Denver, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. Contact Adkins Law to schedule a free estate planning consultation with a wills lawyer. WHAT IS A HEALTH CARE POWER OF ATTORNEY? In North Carolina, a healthcare power of attorney works in conjunction with a living will. This is the document that specifies your health care agent, which is the person who will make medical decisions for you in the event of your incapacitation. Your health care agent needs to be someone close to you who you can trust. An estate planning lawyer can help you appoint a health care agent. WHO CAN BE MY HEALTH CARE AGENT? Most people choose their spouse, partner, relative, or close friend as their health care agent. North Carolina requires that your health care agent be (i) at least 18 years of age, and (ii) not being compensated for providing you health care. An estate planning lawyer can help you determine who will qualify as your health care agent. WHAT IF I APPOINTED MY FORMER SPOUSE AS MY HEALTH CARE AGENT? In North Carolina, if the principal appoints his or her spouse as their agent, such spouse's authority to act as agent is revoked upon the entry by a court of a decree of divorce or separation. N.C.G.S. 32A-20(c). Speak to an estate planning lawyer at Adkins Law if you have questions concerning health care powers of attorney. Adkins Law is located in Huntersville, NC and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Gaston County, Iredell County, Cabarrus County, and the Lake Norman area. |
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