Notarizing A Living Will and Trust Form

notarizing-a-living-will-and-trust-form

By Tiffany V.

Published on 12/21/2023

KEY TAKEAWAYS 

  • Use a living will & trust form to state your healthcare preferences
  • A living will & trust form is used when you cannot voice your preferences

 

 

Have you ever wondered what happens if you're unable to make your own medical decisions? 

Enter the living will, a critical legal document that serves as a voice during times when you can't speak for yourself. It outlines your medical wishes, from life-sustaining treatments to end-of-life care, guiding your family, doctors, and legal professionals to respect and understand your healthcare choices. 

Did You Know? Only about one-third of Americans have a living will. Surprising, right? Considering it's the golden ticket to ensuring your healthcare preferences are not just heard but respected.

 

1. What Is The Living Will?

Let's start with the foundation of healthcare directives – the living will.

What exactly is it?

The living will enable you to articulate your medical decisions in advance. It's an essential part of advance directives, clarifying your stance on treatments like life support, surgery, and other end-of-life considerations, and ensuring your wishes are clear to your family, physicians, and the legal system. 

 

2. Choose A Health Care Proxy - The Captain of Your Ship

So, who makes medical decisions when you're unable to? 

Selecting a healthcare proxy, or medical power of attorney, is about choosing someone who understands you and can make difficult decisions on your behalf. 

This person acts as your advocate, ensuring your medical wishes are honored, and highlighting the importance of clear communication about your healthcare preferences. 

 

3. The Power Duo: Living Will & Trust

The living will and trust work together like hero and sidekick – they both cover legal and medical planning. Below are what a living trust and living will do for you. 

 

A living trust - allows you to manage your assets during your lifetime and can seamlessly integrate with your living will.

A living will - makes sure that people are aware of your medical preferences 

 

The synergy between the two can offer a holistic approach to planning for both medical and financial contingencies.

 

4. Where To Get Free Living Will & Trust Form

Now, let's go into the specifics of locating the living will and trust form. 

Fortunately, many hospitals, nursing homes, and hospice institutions include living will forms that you may complete. 

Your state or local government's website may also have living will forms available for download and usage. 

 

5. The Notarization Process - Sealing The Deal 

So, you've filled out your forms. What's next? Notarization! 

Notarizing your living will and trust forms gives them legal validity. Online notary services have simplified this process, allowing you to notarize documents conveniently from home, ensuring your documents are legally recognized without the need to visit a notary in person. 

Notarization is like getting a golden stamp that says, "Yep, this person means what they've written." 

 

6. Get Your Living Will & Trust Form Notarized Online

If you are unable to sign and notarize the living will and trust in person, you can get a remote online notarization. NotaryLive provides an online notarization process where you can remotely sign and notarize a document from the comfort of your home.

 

Here's how NotaryLive works in 4 simple steps,

Click the button below to get started,

Notarize Your Living Will & Trust Now!

 

 

FAQs for Living Will & Trust Forms

  • How to set up a living will and trust?
    •  To set up a living trust do the following: 
      • Consult an attorney to draft the trust document
      • Name yourself as the initial trustee and designate a successor trustee.
      • Transfer your assets into the trust by changing the ownership titles. 
      • Specify how the assets should be managed during your lifetime and after your death.
      • Unlike a will, a living trust avoids probate, which can save time and costs for your beneficiaries.
    • To set up a living will do the following: 
      • Consult an attorney or use online resources to create a legally valid document. 
      • Specify your preferences regarding life-sustaining treatments, organ donation, and end-of-life care. 
      • Appoint a healthcare proxy (someone to make medical decisions on your behalf).
      • Ensure the document is properly signed and witnessed. 
  • How does a living will and trust work? 
    • A living will guides medical decisions when you're unable to communicate. It covers treatments, resuscitation, and end-of-life care. 
    • A living trust operates during your lifetime. You transfer assets to the trust, manage them as the initial trustee, and ensure seamless asset transfer to beneficiaries upon your death. 
  • Which is better - a living will or trust? 
    • A living will is good for specific medical wishes, and provides guidance, but subject to public probate while a living trust avoids probate, protects assets, and offers privacy. You cannot designate guardianship for minor children with living trust. 

 

 

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**Legal Disclaimer - We are not lawyers or attorneys and do not give any legal advice. Please check with your attorneys, advisors, or document recipients if you have any unanswered questions about your documents.

 

 

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Updated Date: 05/06/2024


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