Is durable power of attorney, medical power of attorney, and a last will and testament all the forms I need if my husband is passing away?
March 23, 2025
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Thank you. Let me walk you through what you’ll need to get in place.
You’re Correct — You have 2 Options
Option A. Do-it-Yourself
The three documents you mentioned are essential for estate and medical planning:
Allows someone to manage your husband’s financial and legal matters if he becomes incapacitated.
Authorizes someone (likely you) to make healthcare decisions for him if he can’t do so himself.
Dictates how his assets (home, land, personal property) are distributed after death and names an executor to handle the estate.
Option B. Work With an Estate Attorney
Hiring an estate planning attorney ensures the documents are:
- Custom-drafted for your exact situation
- Fully compliant with NC laws
- Filed and executed properly
If budget is a concern, you can:
- Contact your local bar association for a referral
- Reach out to your local legal aid office for free or low-cost assistance
- Check if nearby law schools offer estate planning clinics
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Is durable power of attorney, medical power of attorney, and a last will and testament all the forms I need if my husband is passing away?
I’m sorry to hear about your husband’s situation. Do you currently have these documents in place for your husband?
No.
Have you consulted with an estate planning attorney to ensure these documents are properly drafted and executed?
No.
Is there anything else the estate lawyer should know before I connect you?
There’s so much that is unsettled — houses, land, stuff, a lot of stuff.
Hello, my name is Charlie and I’m a licensed attorney. I’d like to welcome you to AskaLawyer. I’m very sorry to hear what you’re going through, and I’ll do my best to help.
May I ask what state you’re in?
North Carolina.
Thank you. Let me walk you through what you’ll need to get in place.
You’re Correct — You have 2 Options
Option A. Do-it-Yourself
The three documents you mentioned are essential for estate and medical planning:
Allows someone to manage your husband’s financial and legal matters if he becomes incapacitated.
Authorizes someone (likely you) to make healthcare decisions for him if he can’t do so himself.
Dictates how his assets (home, land, personal property) are distributed after death and names an executor to handle the estate.
Option B. Work With an Estate Attorney
Hiring an estate planning attorney ensures the documents are:
- Custom-drafted for your exact situation
- Fully compliant with NC laws
- Filed and executed properly
If budget is a concern, you can:
- Contact your local bar association for a referral
- Reach out to your local legal aid office for free or low-cost assistance
- Check if nearby law schools offer estate planning clinics
Thank you so much. That helps a lot.
You’re very welcome. I’m glad I could help during this difficult time. Please don’t hesitate to come back with more questions if anything changes. I wish you and your husband all the best.
