Living Wills, Durable Power of Attorney, Beneficiary Deeds: Need Filing?
I already have a living trust on file in my county. Do the Living Wills, Health Care Proxy, Durable Power of Attorney, Beneficiary Deeds also need to be filed with the county to be legal or do I just give notarized copies to my loved ones?
Re: Living Wills, Durable Power of Attorney, Beneficiary Deeds: Need Filing?
Your questions cause me concern that you have not been well advised in the creation of your “living” trust. It is not common practice to “record” a trust agreement, as it is a private transaction and you have made it a public record. Use of the term “health care proxy” is archaic and not common today language. You need to have a durable health care power of attorney which gives your agent “HIPPA” authority, that is authority to act under the new federal act, HIPPA, which was implemented last year. A beneficiary deed is recorded now, so that upon your death, the property automatically goes to the designated grantee in the deed, and is not affected by any trust or will. I don’t know if that is in conflict with your trust provisions. Again, powers of attorney are not recorded in most cases. It sounds to me like you should review what you have done with counsel that is competent! Please do so, it will save you money and family harmony in the long run.
Donald Scher
Donald T. Scher & Associates, P.C.
2200 E. Camelback Rd., #102
Phoenix, AZ 85255