| Facing the Future
A legal handbook for parents with HIV disease
Third Edition
A joint publication of Brooklyn Legal Services Corp.
By and Gay Men’s Health Crisis
Table of Contents
PLANNING FOR THE
FUTURE: An Introduction
PUTTING YOUR WISHES
IN A WILL
WHAT IS A WILL?
If you are not naming your children’s other parent as
the guardian in your will
INFORMATION YOU NEED TO MAKE A WILL NAMING A GUARDIAN
IS WRITING A WILL ENOUGH?
TAKING MORE STEPS
TO PROVIDE FOR THE FUTURE CARE OF YOUR CHILDREN
APPOINTING A STANDBY GUARDIAN
Court-appointed standby guardian
Written designation of standby guardian
FILING A GUARDIANSHIP PETITION
Where do you file?
Who files?
Whose agreement is needed?
What you need to file a guardianship petition
How to file a guardianship petition
When a guardianship petition should be filed
FILING A CUSTODY PETITION
MAKING A TEMPORARY CARE AND CUSTODY DOCUMENT
ADOPTION
Issues to consider
The difference between adoption and guardianship or custody
Choosing an adoptive parent
Whose agreement is needed?
SECOND PARENT OR STEPPARENT ADOPTION
Issues to consider
FOSTER CARE
The Early Permanency Planning Project (EPP)
Placing your children in foster care temporarily
Getting your children out of foster care
Issues to consider
How to get help so your children can stay with you
HOW GUARDIANSHIP DECISIONS WILL AFFECT YOUR BENEFITS
What if you want someone else to pick up your children’s
benefits?
HOW TO GET YOUR BENEFITS
AND PAY YOUR BILLS WHILE YOU ARE IN THE HOSPITAL
Making a “Power of Attorney”
Whom you can appoint
When your agent begins to act for you
Having a “representative payee”
Where to go for Power of Attorney forms
HOW TO CONTROL DECISIONS
ABOUT YOUR MEDICAL CARE
Health Care Proxy
When a Health Care Proxy takes effect
How to prepare a Health Care Proxy
Once you have prepared a Health Care Proxy
MAKING A MEDICAL DIRECTIVE OR LIVING WILL
What kinds of treatment you can refuse
How to prepare a medical directive
Once you have prepared a medical directive
Signing a Do Not Resuscitate order
MAKING A WILL
HOW TO PREPARE A WILL
Choosing an executor
Choosing witnesses
Information you need to prepare your will
ONCE YOUR WILL IS PREPARED
SMALL ESTATE ADMINISTRATION
CONCLUSION
WHERE TO FIND FREE
LEGAL ASSISTANCE
LIST OF FAMILY
AND SURROGATE COURTS
FINDING
A GUARDIAN
SAMPLE GRANT OF TEMPORARY
CARE AND CUSTODY FORM (PDF)
SAMPLE HEALTH CARE
PROXY FORM (PDF)
SAMPLE DESIGNATION
OF STANDBY GUARDIAN FORM (PDF)
© 2003 Gay Men's Health Crisis
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