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Estate Planning
We focus on the following main types of estate planning documents---durable powers of attorney, wills, and trusts. We follow a three step approach to eliminate legalese in these documents. First, we identify the people who write the documents. They are as follows: Table 1---Types of Estate Planning Documents and the people who write them
Second, we find people in the these groups who have the interest, ability, and courage to write these documents in plain English. And we ask them to join us to work in an organized way from within the system to eliminate legalese from these documents.
Third, we find clear examples of estate planning documents, give them Clarity Awards, and promote them as good examples to follow. Below are some excerpts from some of the documents that we have given Clarity Awards to.
from General Durable Power of Attorney
1. General Grant of Power To do anything that I have a right or duty to do, now or in the future. ..... Date: ___________________, 199___
Signed by:
Witnessed by: Acknowledged before me in __________County, Michigan on _____________, 199___ by _______________________________.
Notary's Stamp_____________________ from Designation of Patient Advocate Form under Patient Advocate Act, 1990 P.A. 312 (MCL 700.496)
Patient Advocate's Name _____________________________________________________ Address ___________________________________________________________________
My Patient Advocate shall have the authority to make all decisions and to take all actions regarding my care, custody and medical treatment including, but not limited to the following:...
from Will in Estate Planning Form Book of Comerica Bank (11/30/94)
Article 5 Residue If my spouse survives me, then I give the rest of my estate to my spouse. If my spouse does not survive me, then I give the rest of my estate to my children in equal shares. If any of my children do not survive me, then the issue of my predeceased children will take their deceased parent's share by right of representation......
We declare that ____________, who appeared to be of sound mind and not under undue influence, voluntarily signed this Will in our presence. Witnesses: ________________________ residing at ____________________
________________________ residing at ____________________
Michigan Statutory Will of ____________________ Article 1. Declarations This is my will and I revoke any prior wills and codicils. I live in _______________ County, Michigan...........
Statement of Witnesses We sign below as witnesses, declaring that the person who is making this will appears to be of sound mind and appears to be making this will freely and without duress, fraud, or undue influence and that the person making this will acknowledges that he or she has read, or had had it read to them, and understands the contents of this will.
_________________________________
____________________________________
from Living Will in Advance Directives and also in Changes and Choices
If I become terminally ill or permanently unconscious as determined by my doctor and at least one other doctor, and if I am unable to participate in decisions regarding my medical care, I intend this declaration to be honored as the expression of my legal right to authorize or refuse medical treatment.........
I sign this document after careful consideration. I understand its meaning and I accept its consequences. Dated:____________________________
Signed: _________________________________
(example needed) |
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