What Should I Bring To My Consultation?
During your consultation we will help you determine what plan will best fit your needs. After your initial consultation, should you choose to proceed, your initial fee will be applied to the services you select.
For Estate Planning: Please bring the following items to your first consultation with us:
- Copies of auto titles
- Deeds to real property (real estate, titles to motor vehicles, etc)
- Lists of beneficiaries (fully spelled & written/typed out)
- Phone number and addresses to charities that you may be leaving money to
For Real Estate of Tax Foreclosure: Please bring the following items to your first consultation with us:
- Deeds to all properties in issue
- Contracts that may affect the property
- Tax statements
- Certificate of purchase
FAQs
At Duerksen Law we pride ourselves on being professional, knowledgeable, friendly, & efficient. Here are some resources and frequently asked questions to help support you. If you need clarification please reach out to our office staff and set up a consultation.
What is the difference between a healthcare power of attorney and a living will?
Both are documents that are used to make advance planning for medical conditions that may arise in the future.
- A health care power of attorney is generally given to enable medical decisions to be made by a surrogate decision maker when an individual is unconscious.
- A living will is an advance declaration of a person’s desired medical treatment in certain specifically defined medical situations.
A health care power of attorney is usually utilized in situations when an individual is unconscious. It is likely that the individual will return to consciousness and be able to make his or her own decisions again. A living will is generally used in the situation where an individual is unconscious. It is unlikely that they will ever be able to make decisions on their own again.
What is a healthcare power of attorney?
A health care power of attorney is a legal document under which you give another individual the ability to make medical decisions for you when you are unable to do so. It is authorized by statute, A.R.S. §36-3221, et.seq., and the decisions made by the medical decision maker have the same effect as if you had made them yourself. The decision maker has broad discretion in the decisions that he or she may make, however, the law requires that the decision maker implement your wishes to the best of their ability to determine what you may have wanted in any given situation.
One final note. While a health care power of attorney technically gives a decision maker the right to make life and death decisions many health care providers are uncomfortable about following those instructions without a living will. Thus, in many cases it is wise to have both a living will and a health care power of attorney.
What is a living will?
A living will is an individual’s written declaration as to what type of medical care they desire in the event of terminal illness or injury, or should they ever be in a vegetative state. It generally consists of two parts:
- The first part states when the living will takes effect. For example, “When I am unconscious and two doctors have determined that I am terminally ill, terminally injured, or am in a persistent vegetative state.
- The second part gives the instructions that are to be followed once the living will takes effect. For example, “Do not maintain my life by mechanical means, Do not give me food or fluid by tube, etc…
A living will is a legal document, and the specified form that it must be in is defined by the Arizona Revised Statues. (A.R.S. §36-3261) If all the requirements set forth by statute are complied with, the living will must be obeyed, and health care providers are required to adhere to the terms of the living will. Conversely, health care providers are provided with legal protection from claims that may arise out of their obeying the terms of a living will.
In closing, the Cruzan decision out of the Supreme Court reinforces the point that if you have desires that you want followed, it is highly advisable to convert those desires to writing through a living will. The legal requirements are easy to meet and blank forms for living wills & health care powers of attorney can be obtained from a wide variety of sources. You can find them at senior citizen’s groups, stationary stores, health clinics, etc
If you desire assistance, most attorney’s would be able to assist you in preparing a living will and/or a health care power of attorney for a nominal charge.
What is power of attorney? Should I worry about it?
A financial power of attorney names an individual to act on your behalf with respect to your finances if you are unable to handle things yourself. We prefer to do a Springing Power of Attorney that only takes effect if you are medically certified as unable to handle your finances.
What happens if I die without a will?
The state will write one for you. Most people prefer to write their own.
I am not wealthy, why do I need to have an estate plan?
Even if resources are limited, having instructions will certainly help those you leave behind. Questions such as: who will care for the children, who gets grandpa’s WWI collection, will you be buried or cremated, are best answered by you.
Remember, failure to plan is planning to fail.
What is the cost of a consultation & what are my legal fees?
Your initial consultation is $175 which is fully creditable towards the legal services you select. During this consultation we will help you establish your legal plan, which will determine the final cost of your fees.
Remember, failure to plan is planning to fail.
General Disclaimer
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.