Elder Law |
Free document preparation for low-income seniors
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On June 24, Kansas Legal Services will partner with the Young Lawyers Sections of the local bar associations to provide document preparation services to low-income senior adults in Johnson County.
The event will be from noon to 4:00 p.m. at the Matt Ross Community Center in Overland Park, and appointments are required. Lawyers will donate their time to draft the following documents:
Simple will. A will states how you would like your property to be distributed in Probate Court upon your death. You can distribute your major assets, such as your home, money, and car, and you can make a separate personal property list stating which beneficiaries you would like to receive which items of personal property, such as valuable antiques and furniture.
If you die without a will and without making other arrangements to distribute your property, the property will pass "intestate." This means that Kansas statutes will determine which relatives inherit your property. It is always best to have an attorney draft your will for you. Kansas has specific requirements about what should be included in a will and how it should be executed. Failing to properly draft or execute your will could result in its being denied in Probate Court.
Transfer-on-death deed. A transfer-on-death deed transfers your real estate to a designated beneficiary or beneficiaries upon your death, outside of Probate Court. Even if you have a will, it is a good idea to have a transfer-on-death deed. The deed supersedes the will and allows the home to pass much faster than if it were tied up in Probate Court. The deed transfers ownership of the home after you have died. This is a good thing for several reasons, including qualifying for Medicaid and liability issues.
A transfer-on-death deed must be filed at the Recorder of Deeds office in the county in which the property is located. It does not become valid until it is filed. If you later sell your home or purchase new property, that old deed is no longer valid; you should draft a new transfer-on-death deed.
General durable power of attorney for finances and health care. A power-of-attorney document designates an agent to make decisions for you. Normally a trusted relative or friend is chosen to make these decisions. Kansas statutes require that your agent keeps records and receipts and does not co-mingle his or her money with yours. There are harsh consequences for agents who breach their fiduciary duties and swindle money from the person for whom they are making decisions.
Your power of attorney can go into effect as soon as it is signed or upon a determination by medical professionals that you are disabled. This is a personal decision, but keep in mind that by the time you need someone to be making decisions and paying bills for you, it may be difficult or imposing to be declared disabled by medical professionals. Power of attorney documents can be revoked at any time, provided that you are competent to do so.
Living will. A living will states that you do not want life-sustaining procedures if you are diagnosed with a terminal condition. We recommend that you discuss your end-of-life wishes with your family members and make sure they know where you keep your living will in case it needs to be presented to a doctor. You may revoke a living will at any time.
The June 24 appointments will last for a half-hour. The attorneys will help clients determine which of the above documents are appropriate and then will draft those documents on the spot. If you have previously had a will drafted, please bring a copy. If you own real estate, please bring a copy of a current property deed.
Call Kansas Legal Services, 913-621-0200, to determine whether you qualify and to make an appointment. Please tell the receptionist that you are calling about the "Young Lawyers Section Pro Bono Day."
Kansas Legal Services is looking forward to bringing together young attorneys and senior clients for such an important cause.
