Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, April 8, 2016

The Importance Of Putting Things In Writing

Putting in writingAs people age they should realize the importance of drafting a living will.  A living will is intended to provide guidelines to certain individuals including health care proxies.  It is important for people drafting a living will to clearly express their intentions in writing.  When a person loses mental capacity they lose the ability to have control over the decisions they make for themselves.  If people want to have influence over what type of medical treatment they will receive after losing capacity they need to take steps to plan ahead by drafting a living will.  It is also important to draft other essential legal documents like a durable power of attorney for both financial and health care related issues.  Taking steps to plan for these difficult issues ahead of time can prevent future problems.

See Robin Marantz Henig, Putting It in Writing, Psychology Today, April 7, 2016.

https://lawprofessors.typepad.com/trusts_estates_prof/2016/04/the-importance-of-putting-things-in-writing.html

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Comments

I couldn't agree more with the gist of this article. This past weekend I gave a talk at a senior center and this exact subject came up. One of the "future problems" the article alludes to can be hurt feelings among the adult children that survive. Commonly, a person will think "Dad wanted me to have that gun" or "Mom wanted me to have her ring." Leaving a list of your intentions regarding personal property as a supplement to a will can help avoid this problem.

Posted by: Stan Butterfield | Apr 12, 2016 6:40:15 AM

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