James M. Kaprielian, lawyers in Reedley, CA, California

Living Wills -- Effect

A living will takes effect when you are diagnosed as close to death from a terminal condition or permanently comatose, you cannot communicate your own wishes for your medical care (orally, in writing, or through gestures), and the medical personnel attending you are notified of your written directions for medical care. There is a national law called the "Federal Patient Self-Determination Act," which requires admitting room personnel in most healthcare facilities to discuss medical directives with patients and note whether they have one in effect. More...

State Death Taxes - General Issues

Almost every state levies a tax at death. Many states impose an inheritance tax, which is imposed on the right to inherit property. This should be compared with an estate tax, which is a tax imposed on the right to transfer property. The distinction is important because an inheritance tax is levied on the share of each beneficiary individually and not estate as a whole. The importance of this distinction is that the closer the relationship to the decedent, the greater the exemption (if there is one) and the lower the rate of tax. For instance, some states don't tax transfers to surviving spouses while others provide a lower rate of tax for transfers to children, parents, or surviving spouses.More...

Wills

Basic VocabularyMore...

Power of Attorney for Finances -- Formalities

There are a few technical requirements with which you must comply before a power of attorney for finances will be considered legally valid and binding. More...

Choosing a Healthcare Power of Attorney

Like a durable power of attorney for financial decisions, a healthcare power of attorney permits you to name a medical proxy to make healthcare decisions on your behalf when you are no longer able to do so for yourself. Similar to a living will, a healthcare power of attorney can specify what kinds of measures you want taken. You should be aware that states have different names for the same healthcare power of attorney, including medical directive, directive to physicians, declaration regarding health care, designation of health care surrogate, and patient advocate designation.More...