Legal Question in Wills and Trusts in Georgia
Living will or Power of Attorney
neighbor has no family except for a son that she has no contact with for over 10 years, she requested my husband and myself to draw up some type of papers for her to sign, she is afraid that if she passes she will have no-one to care for her burial and her belongings, we have reassured her she will be taken care no matter what. She wants to leave my husband and myself everything including her puppy. House is paid for, car paid for, she owes nothing but utilities and insurance. There are several people that are lining up and waiting for her passing because they think they might get something out of her but she has requested us to take care of these things. She says she wants us to be taken care of like we have taken care of her.
We are not exactly sure how to go about this process and if you have any suggestions they would be grateful.
4 Answers from Attorneys
Re: Living will or Power of Attorney
Consult with a local attorney and get it done right. You can bet the ranch that the son will all of a sudden become the most loving relative you ever heard of.
Re: Living will or Power of Attorney
Neither a living will or power of attorney does what you say. A will does. Unless it is properly drawn by a lawyer, expect a fiasco. The cost to do a will is generally very low. Call me for details. I likely can help with this.
Re: Living will or Power of Attorney
Trying to do it yourself, or your neighbor trying it, is about the worse thing you can do. If the assets are significant, and they appear to be, you are inviting a lawsuit against you with some nasty accusations. The best thing you can do is assist the neighbor in finding a lawyer who primarily practices in the area of wills, trusts and estates, who will represent her (and her alone) in seeing that her final wishes are carried out. The lawyer will likely have some ideas about making sure she is taken care of if major medical issues come along. Expect the lawyer to want little or no input from you in the process, given your interest in the outcome.
Re: Living will or Power of Attorney
Your neighbor can expect that someone will challenge a well-meaning will if it is drawn without the benefit of legal counsel. If this were to happen, the battle could likely deplete whatever assets that she wants to pass along. Many attorneys, including myself, will make house calls if the client is incapable of coming to an office to obtain assistance with drafting their will; hence, there is little reason for someone to have to resort to planning their own will.