MEMO
Estate planning documents have a broad scope of elements necessary for its targeted
purpose. For instance, a Will describes a person's last directions upon the culmination of their
life. Conversely, an advance directory is a document that provides instructions before death
under certain circumstances and events. While estate planning has existed for a long time, these
legal instruments adapt to the specific individual's requests in today's society.
I decided to work on a legal document based on the laws and regulations of the State of
Maryland. I chose Maryland because I was interested in learning the different types of legal
documents available for estate planning in my home state, but mostly because it would be
beneficial for my future career in the legal area. As I researched, I found that Maryland laws for
estate planning do not impose heavy regulations on this type of legal document. Yet, Maryland
follows the principles and rules all wills, power of attorneys, and advance directives must follow.
The State of Maryland shares common estate planning practices with the rest of the
States. While in some States, the advance directory documents can be different in validity,
Maryland recognizes two types of advanced directives: Living Wills and Healthcare Agents. I
opted to draft a living will because it recognized individuals' preferences in life decisions more
explicitly. For instance, a living will describe the decision to make under specific scenarios rather
than appointing an individual to make the decision that a person under their proper set of mind
would not make. Although Maryland acknowledges both instruments as advanced directives, it is
optional for a person to use both documents simultaneously or choose one or the other.
The Living Will was created with my belief and ideas that even in challenging situations,
we should still not decide when it is our time to die. "Do not cast me off in the time of old age;
forsake me not when my strength is spent." Psalm 71:9 (INV). We all know that we will die
someday. However, only the Lord decides when our journey in this life ends; no matter the
medical conditions, death will find us.
LAST WILL AND TESTAMENT
LAST WILL AND TESTAMENT OF
SARAH MICHELLE ALFARO
I, Sarah Michelle Alfaro, a/k/a (also known as) Sarah Alfaro, residing at 1010 Invented St Great
City, Long County, Maryland 20909. Being of sound and disposing mind and memory, not acting
under any influence or duress in any means, I expressly revoke my former Wills and Codicils
and make, publish, and declare this to be my Last Will and Testament.
ARTICLE I
IDENTIFICATION OF FAMILY
I am not currently married to any person.
I have two children, their names are: Jackson Alfaro ( of 19 years ) and Kevin Alfaro ( of 17
years).
ARTICLE II
PAYMENT OF DEBTS AND EXPENSES
I direct my personal representative to pay all my just debts, funeral expenses and expenses of last
illness be first paid from my any funds found in my home and should be used to cover my
funeral cost. Shall my expenses exceed the amount of fund found at my home, then use the
residue of my estate. Further, my personal representative may use the residue of my estate to pay
all my taxes due from the inheritance and estate administration of my estate.
ARTICLE III
BURIAL SERVICES
Upon my death, I want my older son Jackson Alfaro to decide where my remains will rest.
Jackson Alfaro will decide whether to take my remains to the closest cemetery where I resided or
to the country of birth of my parents in Argentina and be buried next to my mother. If Jackson
Alfaro did not survive me, I designate my father Joel Alfaro to decide what do to with my
remains.
ARTICLE IV
GIFTS
I give my two sons Jackson Alfaro and Kevin Alfaro my house located at 1010 Invented St Great
City, Long County, Maryland 20909, and everything inside of the house, where they both will
share in community tenancy and will have equal ownership. If neither of my sons survives me, I
give my house to my father Joel Alfaro, if he survives me.
I give my 2019 Honda Civic to my son Jackson Alfaro if he survives me. If he does not survive
me, I give it to my son Kevin Alfaro if he survives me. I authorize my personal representative to
retain the vehicle until Kevin Alfaro gets his driving license or until he reaches the majority of
age (18 years).
I give my two sons Jackson Alfaro and Kevin Alfaro my Banks Accounts monies. My Bank of
America checking account and Capital One savings account. If neither of my sons do not survive
me, I give them to my father Joel Alfaro, if he survives me.
ARTICLE V
RESIDUE OF THE ESTATE
I give all the rest, residue, and remainder of my estate, of whatever kind, real, personal, or mixed,
and wherever located, not effectively disposed of by the preceding articles of this will (Article II)
, to my father Joel Alfaro, if she survives me, but if he does not survive me, to my children in
equal shares.
ARTICLE VI
NOMINATION OF PERSONAL REPRESENTATIVE
I nominate and appoint Patrick Samuel Alfaro as my personal representative without bond or
securities. If Patrick Samuel Alfaro is unable or unwilling to serve, I name Joel Alfaro to be the
successor and serve as personal representative without a bond or securities. If Joel Alfaro is
unable or unwilling to serve, I nominate Karen Smith as second successor in line to be the
personal representative to serve without a bond or securities.
I give my personal representative all powers conferred on a personal representative by my state
laws as now existing or later amended.
My personal representative may take any action (including, without limitation, changing a terms-
of-service agreement or other governing instrument) with respect to my Digital Assets and
Digital Accounts as my personal representative shall deem appropriate, and as shall be permitted
under applicable state and Federal law. My personal representative may engage experts or
consultants or any other third party, and may delegate authority to such experts, consultants, or
third party, as necessary or appropriate to effectuate such actions with respect to my Digital
Assets or Digital Accounts, including, but not limited to, such authority as may be necessary or
appropriate to decrypt electronically stored information, or to bypass, reset, or re- cover any
password or other kind of authentication or authorization. This authority is intended to constitute
"lawful consent" to a service provider to divulge the contents of any communication under The
Stored Communications Act (currently codified as 18 U.S.C. §§2701 et seq.), to the extent such
lawful consent is required, and personal representative acting hereunder shall be an authorized
user for purposes of applicable computer-fraud and unauthorized-computer-access laws. The
authority granted under this paragraph shall extend to all Digital Assets and Digital Accounts
associated with or used in connection with any business I may be associated with. The authority
granted under this paragraph is intended to provide my personal representative with full authority
to access and manage my Digital Assets and Digital Accounts, to the extent permitted under
applicable state and federal law and shall not limit any authority granted to my personal
representative under such laws.
Digital Assets" shall include files created, generated, sent, communicated, shared, received, or
stored on a Digital Device, regardless of the ownership of the physical device upon which the
digital item was created, generated, sent, communicated, shared, received, or stored (which
underlying physical device shall not be a "Digital Asset" for purposes of this Trust). A "Digital
Device" is an electronic device that can create, generate, send, share, communicate, receive,
store, display, or process information, including, without limitation, desktops, laptops, tablets,
peripherals, storage devices, mobile telephones, smart phones, cameras, electronic reading
devices, and any similar digital device which currently exists or may exist as technology
develops or such comparable items as technology develops. "Digital Account" means an
electronic system for creating, generating, sending, sharing, communicating, receiving, storing,
displaying, or processing information which provides access to a Digital Asset stored on a
Digital Device, regardless of the ownership of such Digital Device. For the purpose of
illustration, and without limitation, Digital Assets and Digital Accounts shall include email and
email accounts, social network con- tent and accounts, social media content and accounts, text,
documents, digital photographs, digital videos, software, software licenses, computer programs,
computer source codes, databases, file sharing accounts, financial accounts, health insurance
records and accounts, health care records and accounts, domain registrations, DNS service
accounts, web hosting accounts, tax preparation service accounts, online store accounts and
affiliate programs, and other online accounts which currently exist or may exist as technology
develops, or such comparable items and accounts as technology develops, including any words,
characters, codes, or contractual rights necessary to access such items and accounts.
ARTICLE VII
APPOINTMENT OF PROPERTY AND PERSONAL GUARDIAN
I nominate and appoint my father Joel Alfaro to be the property and personal guardian of my son
Kevin Alfaro, until Kevin reaches the majority of age or as instructed by the preceding articles of
this will (Article IV).If Joel Alfaro is unable or unwilling to serve, I appoint Karen Smith as the
property and personal guardian of Kevin Alfaro until he reaches the majority of age.
ARTICLE VIII
TESTIMONIUM CLAUSE
I freely and willingly sign as the execution of my last will and testament in the state of Maryland.
I sign in the presence of the subscribed below witnesses to attest and acknowledgement of
personal signature.
IN WITNESS WHEREOF, I have subscribed my name below, this _____ day of
_____________________, _______.
Testator Signature: ___________________________________
Sarah Michelle Alfaro
STATEMENT OF WITNESSES
On the above date signed by Sarah Michalle Alfaro, who declared this to be her Last Will and
Testament; and we, at her request and in her presence and in the presence of each other, signed
our names as attesting witnesses. At the time this Will was signed, we believed the testator was
of sound mind and memory and was acting voluntarily.
Witness #1 Witness #2
______________________________ ______________________________
Name of Witness Name of Witness
_____________________________ ______________________________
Signature of Witness Signature of Witness
DURABLE POWER OF ATTORNEY
DURABLE POWER OF ATTORNEY
ARTICLE I
APPOINTMENT OF AGENT AND ATTORNEY IN FACT
I, Sarah Michelle Alfaro, a/k/a ( Sarah Alfaro) appoint Joel Alfaro as my agent and attorney in
fact with all the powers described next. If Joel Alfaro is unable or unwilling to act for me, I
named Karen Smith to serve as successor agent and attorney in fact.
ARTICLE II
POWERS IF AGENT AND ATTORNEY IN FACT
a. MANAGEMENT: To take possession of, manage, administer, operate, maintain, improve
and control all of my properties, real and personal, to insure and pay any and all tax,
charges and assessment due by me.
b. COLLECTION: To collect and receive any money for properties, debts, or claims due
now or after payable to me; to forgive debts due to me by third parties and give receipt as
if I was the one receiving the money.
c. CHECKS: To sign, endorse, deliver and deposit checks as if I was the person extending,
cashing or depositing the check.
d. DIGITAL ASSETS: To access, modify, control, archive, transfer, and delete my digital
assets. Digital assets include my sent and received emails, email accounts, digital music,
digital photographs, digital videos, gaming accounts, software licenses, social-network
accounts, file-sharing accounts, financial accounts, domain registrations, Domain Name
System (DNS) service accounts, blogs, listservs, web-hosting accounts, tax-preparation
service accounts, online stores and auction sites, online accounts, and any similar digital
asset that currently exists or may be developed as technology advances. My digital assets
may be stored on the cloud or on my own digital devices. My agent may access, use, and
control my digital devices in order to access, modify, control, archive, transfer, and delete
my digital assets-this power is essential for access to my digital assets that are only
accessible through my digital de- vices. Digital devices include desktops, laptops, tablets,
peripherals, storage devices, mobile telephones, smartphones, and any similar hardware
that currently exists or may be developed as technology advances.
e. DEBTS: To pay my debts and other obligations by me.
f. WITHDRAW OF FUNDS: To withdraw any moneys deposited with any bank, mutual
savings bank, credit union, savings and loan association, mutual fund, money market
account, investment advisor or broker in my name or in the name of myself and any other
person or persons and generally to do any business with any such financial institution or
agency on my behalf.
g. DISPOSITIONS: To sell, grant, exchange, transfer, convert, mortgage, lease and
otherwise dispose of any of my property, whether it is real or personal.
h. TAX RETURNS: To sign and file on my behalf city, county, state, federal returns,
including income, gift, sales, business, and property tax returns or reports of every kind;
to execute settlement agreements and closing agreements with respect to those returns,
and represent me before the United States Treasury Department or the Maryland
Department of Revenue.
i. GOVERNMENT BENEFITS: To perform every act necessary, desirable and to serve as
representative payee with respect to rights and entitlements for benefit under Social
Security, Medicare, and military service.
j. RETAIREMENT ACCOUNTS: To act on my behalf in dealing with my pension and
retirement plans, including borrowing from any retirement plan, and take any other steps
which I might take on my own behalf with regard to my retirement and pension plans.
k. LITIGATION: To sue upon, defend, compromise, submit to arbitration or adjust any
controversies in which I may be interested; and to act in my name in any complaints,
proceedings, or suits with all the powers I would possess if personally present and under
no legal disability.
l. SUPPORT: To make expenditures for my care, maintenance, support and general welfare,
and to distribute such sums as are necessary for the care, maintenance, education and
support of members of my immediate family who are or become dependent on me for
support.
m. CUSTODY OF DOCUMENTS: To take custody of my Will, deeds, life insurance
policies, contracts, securities, or other important papers I hold under my property.
n. DISCLAIMER: To renounce and disclaim any property or interest in property or powers
to which I may become entitled, and to file any such disclaimer with appropriate courts or
persons.
o. AUTHORITY: I authorize my agent to do and perform all and every act and thing
necessary or desirable to conduct, manage and control all my property as my agent may
deem for my best interests and to execute and acknowledge any and all instruments
necessary or proper to carry out the foregoing power.
ARTICLE III
DURABILITY
This powers of attorney shall be exercisable by my agent on my behalf and effective
immediately, even if I become legally disabled or incompetent.
This appointment of agent and attorney shall be considered final and/or ended upon my
succession. On my succession, a Will should take immediate precedence and my agent and
attorney would have finished his or her duties as my agent and attorney.
IN WITNESS WHEREOF, I have subscribed my name below, this _____ day of
_____________________, ____________.
Signature: ___________________________________
Sarah Michelle Alfaro
STATEMENT OF WITNESSES
On the above date signed by Sarah Michalle Alfaro, we at her request and in her presence and in
the presence of each other, signed our names as attesting witnesses. At the time this instrument
power of attorney was signed, we believed the grantor was of sound mind and memory and was
acting voluntarily.
Witness #1 Witness #2
______________________________ ______________________________
Name of Witness Name of Witness
_____________________________ ______________________________
Signature of Witness Signature of Witness
Sworn and subscribed to before me on this _____, of the ______________, ___________.
Public Notary:___________________________
My Commission expires:__________________ ______________________________
Seal
ADVANCED DIRECTIVE ( LIVING WILL)
LIVING WILL DECLARATION OF
SARAH MICHELLE ALFARO
I, Sarah Michelle Alfaro, resident of the state of Maryland. I declare this is my Living Will and
that I am of sound mind and not under any influence, duress, or fraud. I further declare that an
adult person and understand and accept the impacts and consequences that this legal instrument
shall create on my personal decision, affairs, and interests.
GOALS
In exercise of my free will, I instruct my medical provider to perform all and any possible care
for terminal condition, vegetative state, incurable disease, control of pain, and pregnancy. If I
cannot make such a decision on my own, I wish my health care provider to follow my
instructions.
STATEMENT OF PREFERENCES
I prefer my provider to try to extend my life for as long as possible using all available
interventions that in reasonable medical judgment would prevent or delay my death. If I am
unable to take enough nourishment by mouth, I want to receive nutrition and fluids by tube or
other medical means.
A. Case of Terminal Condition:
If my doctor, health care provider, and surgical provider certify my death from a terminal
medical condition imminent and life sustaining procedures are necessary.
B. Case of Vegetative State
If my doctor, health care provider, and surgical provider certify that my condition prolonged,
known, or permanent vegetative state. This implies, I am not conscious and unaware of myself
and surroundings; That I am not able to identify, recognize, or interact with others, and that my
conditions stablished no reasonable expectation that I will regain consciousness to perform tasks
as described before.
C. End-Stage Conditions/ Illnesses
If my doctor, health care provider, and surgical provider certify that my condition constitutes an
end of stage. This implies an incurable condition or illness that will continue the course until
death and may result in the loss of capacity and physical dependency to carry myself.
D. Pain Relief
I want my doctor, health care provider, and surgical provider no matter may medically condition,
pain scale, or suffering to give me the necessary medicine and other treatment to relieve me from
pain.
E. Case of Pregnancy
In the event I am pregnant, and my doctor certify the following: a termina condition,
vegetative stage, end stage condition, and pain, I prefer to have my doctor, health care
provider, and surgical doctor perform all and necessary medical treatment to save the life or
the baby.
MISCELLANEOUS PREFERENCES
Under this living will I acknowledge and realize I cannot foresee everything that might
happen after I can no longer decide for myself. Still, I want whoever is making decisions on
my behalf and my health care providers to follow my stated preferences exactly as written,
even if they think that some alternative is better. I wish my family and loved ones to enjoy
my time with them, regardless of the situation of my medical condition. I wish to go to a
better life when the right time comes.
ATTESTATION
By signing below as the Declarant, I indicate that I am emotionally and mentally competent
to make this advance directive and that I understand its purpose and effect. I also understand
that this document replaces any similar advance directive I may have completed before this
date.
__________________________ __________________________
Sarah Michelle Alfaro Date
WITNESS TESTIMONY
The subscribed signed or acknowledged signing this document in my presence and based
upon personal observation, appears to be emotionally and mentally competent to make this
advance directive (Living Will).
Witness #1
__________________________ __________________________
Signature of Witness Date
__________________________ __________________________
Address Phone
Witness #2
__________________________ __________________________
Signature of Witness Date
__________________________ __________________________
Address Phone
