Living Will

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Living Will
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On a living will should my father put myself or my new stepmother on first to over look medical needs.?

My father had a new living will drawn up and put me (the daughter) on first as the one to look over his needs if he becomes medically ill & etc.) My new stepmom (in which is not very friendly ) got very upset about this because he didn't put her on as first choice. I just need some opinions on this matter for my father. Thanks!
THANKS TO EVERYONE WHO GAVE THEIR OPINIONS ON THIS MATTER. THEY REALLY HELPED ME OUT!!!
*MY FATHER IS 78 AND HAS BEEN MARRIED TO HER 16 MONTHS.*

It is really his choice. One thing about a living will is that it can be changed as often as he wants to change it, and many health care providers [including hospitals and nursing homes] will supply the forms for free.

Is your father concerned that his new wife will "pull the plug" on him so that she will inherit when he dies? Is he concerned that she may keep him alive as a "vegetable" if he has a stroke and goes into a "persistent vegetative state"?

Does your step mother worry that you do not have your father's best interests at heart?

You know, at this point in life, there are two concerns: (1) quality of life of the patient; and (2) inheritance and succession, and for a widow her financial security for the rest of her life. You will have to be aware that the matter may be more complicated than you realize.

There are many tools available to help you plan your estate, and one of the most important of these is your Will. Many people sincerely intend to create a will, but most do not actually follow through with their intentions. Excuses for not drafting a will usually involve waiting for a certain event, such as the purchase of a house, the sale of a business, the birth of a child or a marriage. The thought usually goes something along the lines of, "I will make a will once...X happens."

No matter what your intentions or how many landmarks you may set for drafting a Will, our lives are filled with so much change and uncertain circumstances that there will always be another easy excuse to wait just a little while longer. That is why the best time to start working with a lawyer to draft a Will is the present. No matter how old you are, or what your current state of health, you should always have a will that is up to date and valid.

One of the biggest advantages of having a Will is that your assets and property are distributed according to your wishes rather than through the decision of a court. If you die without a will, the state will create one for you and decide how your assets will be split using general, generic legal formulas. The state will also appoint guardians for any minor children.

Some things to consider when drafting a Will are:

1. You should determine who is to receive your assets and property and whether they are to receive it directly or in a trust.

2. You should choose an executor for your estate who will make sure your wishes are carried out in a timely and orderly manner.

3. You should take into account your family circumstances by naming a guardian for your children and making plans for loved ones who are disabled, ill or unable to handle an inheritance.

4. You may make business arrangements such as determining how a business will be continued or sold. Business arrangements may also include the arrangement of a program of charitable giving.

5. You may choose to acknowledge or otherwise provide for a child, who may not be your own but in whom you have an interest, or an elderly parent, or another individual.

You will be saving your family from hassle, legal fees and arguments if you establish how you want your assets to be distributed after your death. Creating a valid Last Will and Testament is a critical part of any estate plan.

Bernard Krooks is a New York Elder Law and New York Estate Planning lawyer with offices in White Plains, Fishkill, and New York, New York. To learn more, visit Littmankrooks.com.

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