Attorney Oaks fiercely advocates for her clients while holding a sincere understanding for familial concerns. She assists her clients and their families by providing counsel on a variety of familial issues.
Indiana requires that all wills be in writing, signed by the testator (person who creates the will), and signed in the presence of two witnesses. The testator must have the necessary intent to create a will, and the testator must be of sound mind. Testamentary capacity means that the testator understood the document he or she is signing, he or she knows the extent of his or her property, and he or she knows the extent of his or her familial relations.
Power of Attorney:
There are different types of powers of attorney. Generally, a power of attorney requires the name of the principal, the name of the attorney in fact, a statement of the power intended to be given to the attorney in fact, a signature in front of a notary public, and for the document to be in writing. Once a power of attorney is executed it must also be recorded with the county recorder.
A living will, while named a will, is not actually a will. A living will is a directive notifying those administering medical assistance whether or not the patient wishes to receive life preserving treatment regardless of futility.