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Saturday, July 6, 2013

Legal documents can actually be good...

I know, by now the site of anything legal is scary. We have had to read our indictments, victim impact statements, sentencing recommendations, court motions, even our support letters that likely made us all weep are not easy to read. But we cannot hide from all aspects of the law. Right now, although I am not licensed to practice law in any state in the U.S. (and likely never will be again), any person with a legal background will encourage you to do the following. 

I must admit my own personal failures in this regard... each of the things I am going to encourage I have drafted dozens of times for others, yet I have failed to do so for myself. I promise here, though, within the next couple weeks, I will complete the forms that are relevant to me. We all must. While we are inside, life on the outside continues, and we must ensure we are protecting ourselves and those we love.

Legal documents to write/update:

-will (even if you are not going in for a long time or have no heirs, if you want any item going to someone special, it must be written or else probate court must follow probate laws)
- power of attorney for healthcare: who do you trust making healthcare decisions for you. Draft the form (usually a free form available at any health agency or online) and give a copy to listed individuals.
- power of attorney for finances - you can choose how much or how little the poa can do, but someone must be able to call, pay, deposit, file taxes, sell assets, negotiate, etc on your behalf and they must have a notarized copy of the form.
- child guardianship (if you have children, even if they have a second parent, consider drafting papers giving another party the power to make healthcare decisions, pick the children up from school, etc in order to help. Do not leave children with anyone, even grandparents without guardianship papers)
- bankruptcy/consumer credit counseling okay, let's hope you have a way to ensure you will be able to maintain your bill payments while away. If you can't, don't leave all the financial stress to your spouse after you are gone.
- divorce/legal separation- I hope you will not need this. Any partnership should have a real discussion about what their expectations are and try to work things through prior to going away.

I hope this list is a good start. There are certainly others depending on your marital status, level of wealth, etc. You may want to look into a trust or insurance. Just do not forget to explore all your non criminal legal resources. You will be glad you did. I will too... I just need to write them!!

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