Idaho Law Blog
By Lane V. Erickson, Attorney
Most states have specific laws that define when a person becomes a legal adult. The age when this happens can vary between 18 all the way through 21 depending on which state you live in. However, regardless of which state you live in at some point every person will become a legal adult. Every legal adult needs to complete their own personal estate planning. Here are the basic estate planning documents that every adult, including a brand new adult, should have.
1. POWER OF ATTORNEY (FOR BOTH FINANCES AND HEALTH CARE)
When a person becomes a legal adult they have the ability, legally, to make decisions about their own finances and their health care. The law protects each adult from having other individuals make these decisions for you. In fact, if you do not have a power of attorney, the only way that these decisions can be made by someone else is if a court enters an Order naming a legal guardian for you.
The reality is that when you are a new adult, it is unlikely that something would happen to you that would make you unable to make financial and Health Care decisions for yourself. However no one is perfectly safe. Diseases can occur, genetic problems can arise, and perhaps more commonly accidents can happen at anytime. Any of these things can lead to a circumstance where you are no longer able to make financial or health care decisions for yourself. To avoid the expense of having a guardianship proceeding, and the legal disputes that can arise between family members in a guardianship proceeding, every brand new adult should have a power of attorney.
2. LIVING WILL
In addition to a power of attorney every brand new adult should also have a living will. A living will is also sometimes known as a Do Not Resuscitate (DNR) or Health Care Directive. This legal document allows you to have specific instructions given to your health care providers about whether you want to be kept alive artificially or not. The main idea behind a living will is to take the decision about the ending of your life off the shoulders of your loved ones. A living will gives you the opportunity to specifically decide what you want and your medical care providers must honor your instructions.
Again, a brand new adult will most likely not need a living will for some time. However, the fact that you may need one at some point should be enough to motivate you to get this document completed.
3. LAST WILL AND TESTAMENT
The final document that every brand new adult should have is a last will and testament. This document allows you to give specific instructions on who your property should be given to upon your death. Even though a brand new adult will likely not have much property, having a last will and testament is still a more orderly and better way to distribute your property than to simply hope that what you want to happen will happen.
If you are a brand new adult and you have questions about completing your own estate planning, we can help. Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Estate Planning attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Estate Planning questions and will help you solve your Idaho Estate Planning problems.
This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer for advice on specific legal issues.