Vital Legal Documents Everyone Should Complete Before Deathly Ill in a Hospital or Nursing Home

Vital Legal Documents

No one likes to think about dying. For most people, it feels awkward and uncomfortable, and for many it can make them feel sad and/or depressed. While death is a certainty for everyone now no matter how much money one has, our mobile notary in Oklahoma City does know of multiple ways to make the process easier for both the dying and their loved ones. Indeed, there are certain legal document that everyone should fill out in advance to help remove legal uncertainty and reduce stress.

To help both current and prospective notary public clients who come to our private investigation agency for assistance, the owners have put together a helpful list of legal document that every adult human should sign once they turn eighteen years of age. Indeed, these vital legal document help confront the realities of dying in a responsible, rational way that just makes good sense. Thus, the list of document our private investigation agency in OKC recommends document for immediate completion are as follow:    

Last Will & Testament:

The last will and testament, according to our notary in Oklahoma, is vital for helping decide who gets which properties when someone dies. By filling this out before you die, it helps make the post-death disputes much less complicated, and going through probate court also becomes immensely easier. Without a last will and testament that specifically states who receives what and when, the laws of the state you live in will make that determination for you.

In the absence of a will, married people usually receive fifty percent of a deceased person’s assets, unless there are children and then the other fifty percent is divided between the children.  If the deceased individual has no spouse or children extended family can begin to lay claim to the assets. When a person chooses to hire a notary and sign a last will and testament before dying, it helps sort out what can become an enormous headache.

Indeed, even with a last will and testament filled out prior to death, survivors may still contest it in court. Some families have gotten into bitter disputes over assets long before a person has expired into oblivion. Thus, our mobile notary at our private investigation agency in Moore, Oklahoma suggests having the best civil attorney in Oklahoma City on hand to help settle intrafamily disputes before they blow up in court.

Advanced Directive & Living Will:

Another document our notaries in Oklahoma recommends that every adult in the USA should fill out is the advanced directive. This important documents helps direct others about the amount of life sustaining care they want to receive, even if they are in a persistent vegetative state (PVS) where they have no brain activity. Indeed, some people opt for continued medical care no matter what, while others decide they only want it to continue for six months so they do not end up a vegetable for many years like Terri Schiavo.

When you locate a notary in OKC from our private investigation agency help notarize an Oklahoma advanced directive and living will, it will also help the signer clearly state what she wants done with her organs when she dies. Does the individual want them available for transplantation or medical/dental science studies? Perhaps the dying person wishes to take her organs to the grave where they will only benefit the worms in the ground. Whatever the person’s decision, this legal form will clearly state what must happen with them upon her death.

As with medical powers of attorney that we shall discuss later, it is vital to provide hospitals and/or nursing homes where the person is or will be at death. They must know the person’s wishes with her/his/their body, both prior to and following the individual’s earthly expiration. Your mobile notary in Bethany can help advise you as to which medical personnel in each facility should receive copies of the advanced directive and living will and the medical power of attorney. Failure to provide the medical team with the needed information will result in them not knowing the person’s final medical care wishes and what must be done with organs and other bodily tissues. 

Durable/Financial Power of Attorney:

One of the other big-ticket items for anyone who is dying is the durable power of attorney. This form designates whom should have the power and authority to potentially manage, move, and take all the financial assets either immediately or when the individual becomes mentally/medically incapacitated. This power can have a significant impact upon the person’s financial assets, so our mobile notaries must be there to officially watch the person sign away his/her/their rights. 

Our private investigation agency near me warns that people must never grant these special financial powers to anyone they do not absolutely trust. Ideally, never even grant them to anyone you do not eventually want to have your money, because there is always the possibility that an unscrupulous person may try to take it while the elderly or infirm person is still alive or after death. Our notary public near me has sadly seen too many people choose the wrong person to fill the role of managing the individual’s finances, leading to financial disaster and strife.

Trusts:

Trusts are a better way of ensuring one’s assets make it to their intended individuals. They also bypass taxes that someone would have to pay for a property’s increase in value, upon someone’s death. Last wills and testaments and probate courts do not alleviate these taxes, so the best and securest way to ensure your family members and other beneficiaries do not get stuck with a huge tax bill that makes the amount of their inheritance smaller.

Another way to bypass the issue of taxes on a property’s increased value is to put the beneficiary’s name on it as a co-owner via a quit claim deed. Our Oklahoma notaries also note that this saves the time and expense of a trust, and it has as much certainty and authority because the beneficiary is also already a co-owner. However, our mobile notary in Norman, OK notes that there is one significant downside to this legal tactic.

Once you put someone onto your property as a beneficiary, they have just as much of a legal right to it as you do. They could technically try to force a sale, leaving you with no home and half the equity with nowhere else to go. They may also decide to camp out and live with you and even invite other guests. It would be very difficult and expensive for you to fight them over it, draining additional financial resources and causing you additional stress. So, think carefully before you find the best notary to help you notarize a quit claim deed.  

Medical Power of Attorney:

While durable powers of attorney give an individual the right to manage your finances on your behalf, our mobile notary in Oklahoma City helps people sign and notarize medical powers of attorney as well. These give the designated person the power to make medical decisions on behalf of the individual who assigned them that power. As with the durable power of attorney, these powers can begin right away or can take place upon the individual’s incapacitation. 

Give notarized copies of these that your notary public and any applicable witnesses have signed to the legal staff at the appropriate hospitals and nursing homes. That way they will know in advance who has the authority to make these vital decisions on behalf of the person who has given them this legal authority. Our Oklahoma private detective agency recommends keeping both e-copies and hard/printed copies on hand in case medical personnel need to review them.

Do Not Resuscitate (DNR) Order, if Desired:

Most people never need or want a DNR, because if they are dying, they want medical personnel to try to revive them and save their lives. However, other individuals, especially those who have already suffered through repeated mental health issues or physical ailments, do not wish to have medical personnel resuscitate them. Thus, if they stop breathing or their heart stops, the doctors and nurses must just let whatever happens to their body occur, even if it results in death. 

If medical staff attempt to revive the individual in violation of a do not resuscitate (DNR) order, they could face both medical licensure disciplinary action and civil lawsuits. This is because a judge must first approve DNRs, and by not following them it means the medical staff is directly disobeying a judge’s direct order. 

As you can see, there are many reasons why someone might need to locate a notary in Oklahoma to help them notarize extremely important legal document. Hiring a mobile notary does cost money, because the legal professional must travel to the hospital, nursing home, or hospice care location. That takes the person’s time, mileage, and requires the proper notary commission, errors and omissions (E&O) insurance, experience, advertising dollars, etc., so a fair sum is reasonable and just. The cost to hire a mobile notary is far less than the expense of not having the correct legal document completed will be. 

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