Is the power of attorney/will really needed?

[debbietvxq 10]

I have already submitted my ROC package. I did submit a lot of joint documents but I am not sure whether they are sufficient or not. I didn't have power of attorney/will in the package I submitted. Can anyone please tell me whether the power of attorney or will is really necessary? Are they considered as strong evidence? I am thinking about creating one now in case I get RFE in the future (nobody can tell I will receive an RFE or not). Which power of attorney do you think is the best, general power of attorney, durable power of attorney, springing power of attorney or medical power of attorney? And I am in Texas, anyone knows the steps of creating a valid power of attorney in Texas?

Thank you in advance!

[Sukie 1,461]

A will and/or medical power of attorney is NOT required. 

 

But...

 

What a will and/or medical powers of attorney show is that a couple is planning for a future together.  This signals to USCIS that you are a committed couple.  So that is why these two documents can be very helpful in the immigration process.

 

Now...you have already sent in your packet - so there is no USCIS-requirement to get them.  However, it is a VERY good idea to go ahead and get these documents.  With the current COVID danger - you never know when a supposedly healthy person might die very unexpectedly.

 

Start out with a will.  Then get a medical power of attorney (or whatever it is called in YOUR state).  This document names a person who will direct your health decisions if you are unable to do this yourself.  Think very carefully about who you name.  You want this person to know your wishes (do you want heroic efforts to save your life?  Do you want to be on life support or not?) and be brave enough to follow them.

 

Think about it this way...a will and medical power of attorney are both "life" documents.  And, they are great proof to USCIS that you are a serious couple - not only with the present day - but in the future.

 

And a last note:  if you have children, these two documents are crucial.

 

Good luck!

 

Sukie in NY

[millefleur 5,046]

I would said both a will and power of attorney are strong evidence, but it's not a requirement.

[TBoneTX 45,304]

8 hours ago, debbietvxq said:

I am in Texas

I too, with recent experience with planning my estate affairs.

 

Heed what Sukie has written about the need for these documents in "life.".

 

Documents to draft (for both spouses):

  -- Last Will and Testament

  -- Statutory Durable Power of Attorney

  -- Medical Power of Attorney and HIPAA Release Authorization

  -- Directive to Physicians and Family or Surrogates

  -- Appointment for Disposition of Remains

  -- Appointment of Guardian for Children in the Event of Death or Incapacity

 

The first "Appointment" is optional unless it's important to you.

The second "Appointment" is crucial if you have children.  (If you have none yet, draft this document as soon as you have any.)

 

In answer to my uneasy feeling about Internet templates, a very reliable lawyer told me just this week that she (and other estate attorneys) make most of their money from people who prepared "do-it-yourself" Wills and other documents.  This is even more the case than when someone dies intestate (without a Will), she said, which surprised me.

 

I'm not a lawyer, but I highly recommend retaining one to draft the above documents for you.  It should be worth the investment now to avoid trouble later.  Shop around for the best price, and see if notarization of your signatures is included.  In Texas, all the above documents must be signed in a notary's presence, and some require two witnesses to your signatures.

Edited November 15, 2020 by TBoneTX

[debbietvxq 10]

On 11/15/2020 at 1:13 AM, TBoneTX said:

I too, with recent experience with planning my estate affairs.

 

Heed what Sukie has written about the need for these documents in "life.".

 

Documents to draft (for both spouses):

  -- Last Will and Testament

  -- Statutory Durable Power of Attorney

  -- Medical Power of Attorney and HIPAA Release Authorization

  -- Directive to Physicians and Family or Surrogates

  -- Appointment for Disposition of Remains

  -- Appointment of Guardian for Children in the Event of Death or Incapacity

 

The first "Appointment" is optional unless it's important to you.

The second "Appointment" is crucial if you have children.  (If you have none yet, draft this document as soon as you have any.)

 

In answer to my uneasy feeling about Internet templates, a very reliable lawyer told me just this week that she (and other estate attorneys) make most of their money from people who prepared "do-it-yourself" Wills and other documents.  This is even more the case than when someone dies intestate (without a Will), she said, which surprised me.

 

I'm not a lawyer, but I highly recommend retaining one to draft the above documents for you.  It should be worth the investment now to avoid trouble later.  Shop around for the best price, and see if notarization of your signatures is included.  In Texas, all the above documents must be signed in a notary's presence, and some require two witnesses to your signatures.

Thank you for your kind reply. Do you know where I can download the the medical power of attorney form in Texas? I saw there were several websites such as Texas medical association, which provided the form to download. I am wondering whether I can just use their form or I need to create one by oneself?

[DelilahBrz 48]

On 11/16/2020 at 1:53 PM, debbietvxq said:

Thank you for your kind reply. Do you know where I can download the the medical power of attorney form in Texas? I saw there were several websites such as Texas medical association, which provided the form to download. I am wondering whether I can just use their form or I need to create one by oneself?

Try rocket lawyer DOT com

however, as suggested above, you should consult with an estate attorney.