National Center for Lesbian Rights
American Civil Liberties Union
We have compiled a list of basic documents and linked them to resources online where you can obtain a template to create your own. Suzanne will provide a free consultation for adoption clients to discuss which documents are right for their family.
Basic Last Will and Testament (without trust)
After a person dies, their property is inherited by their legal next-of-kin according to state law. However, through a Will anyone can designate who will receive property and be the guardian of the children. *Consult with attorney
Basic Testamentary Trust (included in Will)
This section of the Will directs a trustee to manage assets for the benefit of another, such as a minor child. *Consult with attorney
Statutory Durable Power of Attorney
This document provides another person with the power to handle business affairs. It can be general or limited to one event, such as selling a home. It can begin immediately or only upon incapacity when one is unable to handle business affairs. *Consult with attorney
Medical Power of Attorney
Husbands and wives automatically make medical decisions for each other, if the other person is incapacitated. With this document, anyone can designate who will make these decisions and visit them in the intensive care unit. Form available here.
Directive to Physicians (“Living Will”)
Physicians will not “pull the plug” without permission from a dying person. Often that person is unable to express their wishes. This document allows a person to state whether they wish to be kept alive solely by artificial means. Form available here.
Designation of Guardian Before Need
If a court-ordered guardian is necessary because of incapacity, the court usually appoints the closest legal next-of-kin (relatives by blood or marriage). This document, which is especially useful for someone who does not want their next-of-kin to take over from a partner, the elderly or anyone with a progressive illness, allows one to direct the court’s decision. Form available here.
Directions for Disposition of Remains
After a person is dead, their body is released to their legal next-of-kin, unless they have signed this document stating that they want another individual to handle their funeral and burial or cremation. These ceremonies can be a healing part of the grief process for the surviving spouse. Form available here.
Body Disposition Authorization Affidavit
This document states your wishes regarding how your remains will be handled. If you don’t have this document, your agent in the Direction for Disposition of Remains will make the decision. Form available here.