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understanding-wills-and-power-of-attorney.md

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Understanding Living Will, Last Will & Testament and Durable Power of Attorney

Note: I'm not a lawyer, and this is not legal advice.

Living Will

  • Appoint a Power of Attorney for Health Care, who will make medical decisions for you if you're incompacitated.
  • Decide what powers that person will have.
  • Specify preference for life support / feeding tube / death-prolonging procedures
  • Specify post-death preferences for things like autopsies, anatomical gifts, etc.

Durable Power of Attorney

  • Appoint a general Power of Attorney (usually your spouse), who will be able to manage your financial accounts, property, insurance, contracts, businesses, social media and other online accounts, and other legal matters.
  • Becomes effective upon written certification by physician that you're incapacitated or mentally incapable of managing your financial affairs and continues until your death.
  • If the Durable Power of Attorney and Living Will differ, the Living Will trumps. The DPOA is there to fill in the gaps for situations not covered by the LW, or in case the LW is invalidated for some reason.

Last Will & Testament

  • Appoint an Executor, who will be in charge of all the fun legal stuff after you die.
  • Decide who gets your stuff after you die.
  • Decide who becomes guardian for your (minor) children after you die.
  • Specify post-death preferences for burial wishes / cremation and other special directives.