What is a Will?

A Will is a final expression of your wishes for your estate. It takes effect upon your death. When you die without a Will, the law directs how your property is distributed and determines how your legal obligations are met. Without a will, you cannot express your preferences about guardians for your children. A Will also lets you plan appropriately to avoid unnecessary estate taxes.

What is a Power of Attorney for Property?

A Power of Attorney for Property allows you to appoint someone to manage your financial affairs if you become incapable. The law does not automatically appoint your spouse or other relatives to make decisions about your property when you are incapable. Without a Power of Attorney, someone will likely have to apply to become your legal guardian to access money and manage your affairs.

What is a Power of Attorney for Personal Care?

A Power of Attorney for Personal Care is a legal document that gives someone else the right to act on your behalf and make important decisions about your care if you are mentally incapable. When you don’t have a POA for Personal Care in an emergency situation, a substitute-decision maker (SDM) will be appointed in accordance with the law in priority sequence. The person at the top of this list may not be the ideal candidate to make decisions on your behalf. They may not want the responsibility, may not know you well, or you may want two or more people to make decisions together.