Legal Assistance –
Wills and Advance Medical
Directives
legal
One of the services the Legal Assistance Of?ce can provide is the drafting of a will or medical power of attorney.
It is important to understand these documents and their purpose so that each individual can determine whether or
not they need them.
A will is generally used to control the disposition of your property after your death. It can also be used to name a
guardian to take care of your children when you die. Not everyone needs a will. If someone dies without a will,
the disposition of their property will be determined by the laws of their state of legal residence. In many cases, that
means that the property of a single person who dies will go to their parents or other next of kin. For most married
people, property will usually transfer to their spouse under state laws. If you are married with children and want to
get a will, it is a good idea to see an attorney with your spouse so that your wills will be consistent when it comes
to the care of your children if something happens to both of you at the same time.
An advance medical directive allows someone else to act on your behalf regarding medical care and treatment if
you lose the ability to make decisions for yourself. There are two different types of documents individuals should
consider and both are revocable. One is a living will and the other is a health care power of attorney. Each document is intended for use in the event that you can no longer make health care decisions for yourself but they have
important differences.
A health care power of attorney names another person or persons to make medical decisions on your behalf if you
are unable to make them yourself. Generally the person selected is granted the power to make the same decisions
about your healthcare that you would be able to make for yourself if you were able to do so.
The scope of a living will is generally more limited than that of a health care power of attorney. A living will, also
referred to as an advance directive for a natural death, allows you to authorize or direct the withholding or withdrawal of life-prolonging measures that would only delay your death.
Judge Advocates can assist with the advice and drafting on most wills and related documents. However, for certain trusts and other areas beyond our expertise, we may have to assist clients in ?nding paid legal services from
attorneys who focus their practice on estate planning.
As always, if you have questions about wills, medical directives or other legal matters you should contact the Legal
Assistance Of?ce to make an appointment. The LAO is located in Admin. Alley, Building 1330C, Room 3N. If
you are seeking assistance with something other than a notarization or power of attorney, please call 781-4575 to
make an appointment.
Legal Assistance, Claims, Fiscal and Administrative Law Judge Advocate
Capt. Sean Kumar
PG 15