Advance Directives
Eventually, a life-limiting illness will take
away a patient’s ability to make health care decisions. While
the decisions still have to be made, someone else has to make
them. If plans have not been made, this can become a burden,
cause delay, or lead to costly and lengthy court proceedings.
Steps should be taken to control these decisions so the
patient’s wishes will be respected.
Living Wills
A living will is a statement about the
patient’s wishes regarding medical treatment that directs the
doctors when the patient is no longer able to communicate their
desires. If a patient does not want to be kept on
life-prolonging devices (such as feeding tubes, IV’s, or
respirators), it needs to be specifically stated in a living
will. A copy of the living will should be given to the patient’s
doctor, the hospice, any treatment center where the patient
resides (i.e., a hospital or nursing home), and to the
designated proxy.
The living will does not affect life insurance and cannot be
required for being insured or for the receipt of health care
services. Any medical treatment that is used for the purpose of
providing comfort or alleviation of pain will be continued
unless otherwise stated in the will.
Proxy Designation
One way to ensure that the patient’s wishes
will be honored is the naming of someone who is trusted for the
making of medical decisions. This person is named as a proxy, or
durable power of attorney, to make only those medical decisions
related to the care of the patient. This person should be named
in the living will. A replacement should also be named in case
the person originally named is unable or unwilling to perform
the duties of the proxy. If a proxy is not named by the patient,
state law will determine guardianship.
If you have any questions you about living wills or proxy
designation, contact the hospice. We will do our best to answer
any questions you may have, and help refer you to the
appropriate resources.
Estate Concerns
After your loved one has passed on, there are
many things that you need to do. The first things that the
executor of the estate needs to do are:
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Locate the original will (the will must be
signed and witnessed).
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Contact social security.
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Call the Veteran’s Administration if your
loved one was a veteran.
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Contact employers for information on
pension benefits.
The next thing that needs to be done is to
apply for probate of the will. Probate is the procedure by which
the court will prove the will to be valid or invalid. In most
cases, probate involves collecting the deceased’s assets,
liquidating liabilities, paying necessary taxes, and
distributing property to the named heirs. The executor should
visit the Surrogate’s Office, known as the Registrar of Wills in
some cases, of their country. They should bring with them:
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The original will
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The death certificate with a raised seal
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Names and addressed of persons named in
the will and all next of kin
-
Petition for grant of letter with oath of
personal representative (in Pike County)
Probate fees will vary with each estate. The
Surrogate’s Office (Registrar of Wills) will issue Surrogates
certificates which give the executor authority to act for the
estate.
Creating A Will
It is important to have a will so that you can
direct exactly how your property should be distributed, rather
than leaving that to task to the state. When writing your will,
it is also important to follow all legal guidelines. Your will
must be signed and documented, and it is important to have it
notarized. If the will is not notarized, than witnesses will
have to be provided and will have to come in to sign witness
forms. It may be best to contact your lawyer and ask for
assistance in forming you will.
Why Have a Will?
Your will ranks up there as one of the most
important and far reaching documents that you will ever sign. A
will should be viewed as an expression of you and your feeling
for your loved ones, as well as those causes and institutions
close to your heart. This is what a will empowers you to do:
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It lets you decide who will receive al the property you own
and have accumulated through the years. If you have no will
the state decides who receives what according to very
inflexible rules.
-
Your will contains the names of the persons who you select
to handle your estate.
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As a parent this is the document where you would name the
guardian/s of your children.
Reflect your desire to held friends, family members,
nonprofit causes and institutions.
-
Draft the document with the help of your attorney to
minimize death taxes that will be facing your family after
your death.
-
Make a final expression of your personal values. You could
provide aid to a special friend and distribute the most
cherished possessions of your life.
To accomplish all of this is not hard. Nor, in
most cases, is it expensive. It does necessitate on your part
thoughtful decisions.
What If a Change Needs to be Made?
Make a small change in your will can be done
by using a "codicil". This is simply an amendment that will take
care of your desired change while at the same time preserve the
balance of your will.
If you find you need to make major changes, a new will would be
the recommended path. Your new will would also need to
specifically revoke all previous will that might exist.
In either situation you will need your attorney’s help. Every 3
or 4 years it is recommended hat you visit with your attorney
regarding your will. There might be some changes that you would
not know about in state and federal laws that could affect you.
If you find that you have to make changes to your will, we hope
that you would give positive consideration to one more: A
bequest to Karen Ann Quinlan Charitable Foundation. A simple
statement is all it would take:
"I bequest to Karen Ann Quinlan Charitable Foundation, located
at 99 Sparta Avenue,
Newton, NJ 07860 the sum of $______ for its’ purposes."
Types of Bequests
They are several different types of bequests
you can use to accomplish your objectives: Specific, General,
Residuary, Contingent, and Percentage.
Specific Bequest:
During the distribution of an estate a
specific bequest is always satisfied first. When the estate is
not large enough to cover all the bequests, the specific
requests are satisfied first. A specific bequest is a bequest of
a specific item, distinguished from all other items- "my
grandfather clock," "my savings account at _____ Bank
#2929440,""my blue Oriental rug." If you dispose of the item
expressed in a specific bequest during your lifetime and do not
update your will, the intended recipient of that bequest does
not receive anything. A good reason to periodically review.
General Bequest:
During the distribution of an estate, the
general bequest is satisfied second. A general bequest is a
bequest of property, which is similar to all other items of the
same kind, usually cash. When there is insufficient cash to meet
the general bequests, property passing under the residue will be
sold to raise the necessary cash.
Percentage Bequest:
A percentage bequest is a bequest that is
based on a percentage (5%, 10%, 50%) of the residue of another
asset. When you utilize percentage bequests in your will, it is
very likely that the recipient will receive something, as was
your intention. But there is no precise way to tell exactly what
dollar amount the bequest will be worth.
Residuary Bequest:
A residuary bequest is a bequest of all or a
portion of the balance of your estate after the specific and
general requests are satisfied. The residue is the last portion
of your estate to be settled. The residue is the last portion of
your estate after the specific and general requests are
satisfied.
Contingent Bequest:
You can set up a contingent bequest to take
effect if your primary intention cannot be met or maybe that
person predeceases you.
If There is No Will
If there is no property will be distributed
according to the state’s intestacy laws. The surviving spouse,
or the next of kin if there is no spouse, may apply to the
Surrogate (Registrar) to become the administrator of the estate.
To apply to become administrator, you must bring:
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A death certificate with a raised seal
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Names and addresses of next of kin
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An estimated value of the estate
Petition for grant of letters of administration with oath of
personal representative
(Pike County)
Again, fees will vary with each estate.
Contact Information
There are many different organizations that
may need to be contacted after your loved one has passed on. A
few of the more important ones are:
Sussex:
Sussex County Surrogate: (973)579-0920
Hall of Records, 4 Park Place, Newton, NJ 07860
Veterans Administration: (973)383-4949
Sussex County Office on Aging: (973)827-5421
Social Security Administration : (800)772-1213
Warren:
Warren County Surrogate: (908)475-6223
Warren County Office on Aging (908)475-6591
NJ Bureau of Veteran’s Services (908)689-5840
Social Security Administration (800)772-1213
Pike:
Pike County Register of Wills (570)296-3508
506 Broad Street, Milford, PA 18337
Area Office on Aging: (570)775-5550
Veterans Affairs: (570)296-3563
Social Security Administration (570)342-8062
Personal Records
If it can be very helpful to have the family
to have photocopies of records/documents which are needed to
settle an estate stored in a place where they are easily
available. The original documents should be kept in a fireproof
box, safe deposit box, or safe. The items you should have
photocopied and stored together are:
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Will, contact information (name, address,
and phone number) for attorney
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All insurance policies (life, property,
auto, etc.) and contact information for the insurance agent
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Real estate deeds, title policies, closing
statements, mortgages (and records of
payments), tax receipts for property improvements, leases
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Stock and bond certificates or receipts;
contact information for brokerage
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Bank account numbers and respective
contact information, (include both checking and savings
account information)
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List of assets and outstanding loans
-
Safe deposit key and box number; contact
information for the bank
-
State and federal income tax returns for
the last three years or more; contact information for tax
form preparer
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Birth certificates for the patient, spouse
and any dependents
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Marriage certificates or proof of divorce
-
Automobile ownership certificate and
registration
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Social security card (or record of S.S.
number)
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Military discharge papers
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Any contract which the patient is involved
in
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List of assets and outstanding loans
-
Safe deposit key and box number; contact
information for the bank
-
State and federal income tax returns for
the last three years or more;contact information for tax
form preparer
-
Birth certificates for the patient,
spouse, and any dependents
-
Marriage certificates or proof of divorce
-
Automobile ownership certificate and
registration receipts
-
Social security card (or record S.S.
number)
-
Military discharge papers
-
Any contract which the patient is involved
in
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Any business records
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Receipts, appraisals or evaluation
estimates of personal belongings (jewelry, art, antiques,
etc.)
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Funeral or memorial service instructions;
contact information for funeral director
or memorial society
-
General instructions for spouse and/or
children
The above will not be applicable for everyone,
but it is a basic checklist of what information it is important
to have organized at the time of passing.
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