What legal papers do I need to take care of a friend’s estate and make health decisions for her?

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What legal papers do I need to take care of a friend’s estate and make health decisions for her?

My best friend wants me to take care of her estate, which is very little. She is ill and wants me to make the decisions for her health if she is unable to. She has a daughter but she doesn’t want her to take care of her because she is a drug addict. Do I need a power of attorney, living trust, something that makes me the executor of her estate?

Asked on August 22, 2018 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) For the estate, there must be a will naming you as executor and providing instructions or directions as to who inherits what (it can all go to you, if that's what the will says).
2) For medical decisions, you need a health care proxy or living will naming you to make medical decisions for her (the name of this document varies by states).
Any trusts and estates attorney can very easily draw up these documents for your friend and make sure they are properly signed and witnessed. (If not signed and witnessed the right way, they will not have any power.) Or your friend can create these herself: she should be able to find sample forms and instructions online, but needs to also look up and review (and be confident in her ability to review) your state's laws about these documents, to make sure that she includes any necessary language and has them properly signed and witnessed. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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