I've spent hours upon hours dedicating research to my exit plan and how to arrange things satisfactorily after my death. I've pored over dense legal text, followed rabbit holes of government websites, investigated legal wills, and dedicated careful thought to all aspects of my plan. Here are a few things I've learned. Since laws are very specific to region, this will apply only to the U.S. (although it may apply to Canada as well).
If you have credit card debt that is under your name only, your family is not obligated to pay that debt after you die. This means that if you do not share a joint account or credit card with anyone, and the credit card is ONLY linked to you, your family does not have to pay that credit card debt, and the debt will be written off as a loss on the part of the credit card company. However, debt collectors may still hound your family, so I would advise putting some note for your family that explains that they are not legally required to pay your debt, even if they get phone calls and letters to the contrary.
If you don't already have a will, to get an official will requires having witnesses and sometimes, a notary. This is clearly not possible for some people. However, there are court cases where it has been determined that a suicide note legally counts as a person's will, given that the note includes several specific things. A suicide note can sometimes be accepted as a "holographic will", meaning that despite it not satisfying the conditions of an official will, it can still count as your will, provided that the note is 1) in your handwriting and 2) includes your signature. Whether your suicide note will be counted as a holographic will or not, the court can still rule that the note counts as a valid will if you make sure that
1) the note is in your handwriting
2) the note has your signature at the bottom (any words following the signature will not be counted as part of your will)
3) your note clearly and specifically states that this is your last will and testament
4) your note includes identifying information about you (your full legal name, social security number, address, etc)
5) your note leaves detailed and clear instructions about who gets what, and who decides what to do with your possessions
5a) therefore I strongly recommend familiarizing yourself with some basic legal terminology that is often used in wills. "Beneficiaries" are those people to whom you are leaving possessions to. "Executors" are those people who you want to carry out the wishes in your will. For example, in my note I have included my parents, my brother, and my best friend as beneficiaries, and my parents as executors. It is also helpful to put in your note what your relationship to your beneficiaries and executors is (for example: parents, friend, brother, roommate, etc)
5b) it helps if you include specific instructions on things like your finances, property/vehicles you own, etc, and include specifics on these things (for example, your beneficiaries get X amount of money) as well as how to access your finances (for example, login information for your online credit card account, or account/routing numbers)
6) you include the date in your note
7) the note is written with clear words and proper punctuation, spelling, and grammar
8) it can help to specify that you are not under the influence of drugs and alcohol while writing your note. Therefore I recommend writing out your note, or at least this portion of it, well prior to your suicide attempt.
In order for the court to rule that your suicide note counts as your official will, and therefore that the wishes specified in your note are legally binding, a couple of things need to be decided upon. Specific terminology varies from state to state or region to region, but generally, "the court must be convinced, on a balance of probabilities, that the document is authentic and that it represents the deceased's deliberate, fixed, and final intention regarding the distribution of their property upon death." The first condition, authenticity, is satisfied by the note being in your handwriting, having your signature, and containing your identifying information.
The condition of "deliberate, fixed, and final intention" is decided by several factors, including whether the note specifically states that this is your last will and/or your final wishes; whether the note specifies beneficiaries and executors (it helps to include this legal terminology); whether the note contains specific wishes on what to do with your possessions, both money and material, after your death; whether you were of "sound mind" while writing the note. This last point is of particular importance, as it can be ruled (but not always) that because you are suicidal, you are not "of sound mind". That's why it helps to write the note well before your attempt, and to specify that you weren't under the influence of drugs or alcohol while writing the note.
Things get a bit more complicated if you already have a will, but you want to amend the will through a suicide note. If the changes to your will are written out in clear language that indicates a good understanding of what you want, the court may accept it as a legal amendment to your current will. There is a case of a man changing his will via suicide note to exclude a family member, but the court did not accept this change because it was clear that he was drunk at the time, as the note was sloppily written, almost illegible, and contained a lot of swear words directed at this family member. Therefore it is important that your note is clear, calm, and professional.
One more thing I have learned is that if you are VOLUNTARILY committed to a psych ward or mental institution, that you still have certain rights that you would not have if you were involuntarily committed. I researched specifically on whether I am allowed to buy a firearm after being committed to a mental institution. It depends on how conservative (red) your state/region is, but in general, if you are voluntarily committed (you chose to go), there is more likelihood that you will be allowed to buy a firearm. I would research specific laws in your state for this, as it can vary greatly by state. Helpful terms to google are "your state background checks", "your state voluntary commitment", and "federal background checks".
For example, my state, which is pretty conservative, uses two background check systems, one of them state-specific, and one of them being a federal background check. You will have to check your state's specific laws, but my state says that you cannot own a firearm if you have been determined to be "mentally unsound". Further clarification on what this means is likely found in different portions of your state's laws. In my state this means anyone who has been determined to be mentally insane, or who has been involuntarily committed to a mental institution. Checking federal law yields the same result, with a bit more nuance, as the relevant federal law states you cannot buy a firearm if you have been "committed to a mental institution". Delving deeper into the laws clarifies that this means anyone who has been involuntarily committed.
Additionally, in my state, if someone is determined by state law to be mentally unsound enough that they're not allowed to own/buy a firearm, it is not required to pass this information on to federal authorities. This means you may not pass the state background check, but could still pass the federal background check. Another important point about being voluntarily committed is that, in many states, your commitment and any details about your stay are kept private, and this information is not passed on to state or federal police.
One of the most helpful things is to find out what code your commitment is classified under. For example, a "5150" is commonly known to mean an involuntarily commitment to a psychiatric hospital. However, this code number varies greatly by state. The specific code that your commitment is classified under should be included in the documentation you received when you first arrived at the psych ward. If not, one way to find this is to google "mental health laws your state" and replace "your state" with the state you reside in.
For example, I will do this with Nevada (I do not live there). I googled "mental health laws Nevada" and the first link was a website for a Nevada law group that lists the types of commitments (voluntary, involuntary, etc) and the specific act and law that describes these. It will probably look like a random jumble of letters and numbers, like this: "NRS 433A.145". I took just this jumble of numbers and letters, googled that, and clicked the first result to find the corresponding legal text. Since these are often very long and dense, it helps to use ctrl + F to find relevant terms (I suggest " mental " with a space on either side, because otherwise you'll get words like "compartmental"; "firearm"; and "commitment").
I am not a lawyer, just a random person who has too much time on their hands and who loves to do research, so please do not take this information as fact, and make sure to research your state or region's specific laws. Thanks for reading if you got this far.
If you have credit card debt that is under your name only, your family is not obligated to pay that debt after you die. This means that if you do not share a joint account or credit card with anyone, and the credit card is ONLY linked to you, your family does not have to pay that credit card debt, and the debt will be written off as a loss on the part of the credit card company. However, debt collectors may still hound your family, so I would advise putting some note for your family that explains that they are not legally required to pay your debt, even if they get phone calls and letters to the contrary.
If you don't already have a will, to get an official will requires having witnesses and sometimes, a notary. This is clearly not possible for some people. However, there are court cases where it has been determined that a suicide note legally counts as a person's will, given that the note includes several specific things. A suicide note can sometimes be accepted as a "holographic will", meaning that despite it not satisfying the conditions of an official will, it can still count as your will, provided that the note is 1) in your handwriting and 2) includes your signature. Whether your suicide note will be counted as a holographic will or not, the court can still rule that the note counts as a valid will if you make sure that
1) the note is in your handwriting
2) the note has your signature at the bottom (any words following the signature will not be counted as part of your will)
3) your note clearly and specifically states that this is your last will and testament
4) your note includes identifying information about you (your full legal name, social security number, address, etc)
5) your note leaves detailed and clear instructions about who gets what, and who decides what to do with your possessions
5a) therefore I strongly recommend familiarizing yourself with some basic legal terminology that is often used in wills. "Beneficiaries" are those people to whom you are leaving possessions to. "Executors" are those people who you want to carry out the wishes in your will. For example, in my note I have included my parents, my brother, and my best friend as beneficiaries, and my parents as executors. It is also helpful to put in your note what your relationship to your beneficiaries and executors is (for example: parents, friend, brother, roommate, etc)
5b) it helps if you include specific instructions on things like your finances, property/vehicles you own, etc, and include specifics on these things (for example, your beneficiaries get X amount of money) as well as how to access your finances (for example, login information for your online credit card account, or account/routing numbers)
6) you include the date in your note
7) the note is written with clear words and proper punctuation, spelling, and grammar
8) it can help to specify that you are not under the influence of drugs and alcohol while writing your note. Therefore I recommend writing out your note, or at least this portion of it, well prior to your suicide attempt.
In order for the court to rule that your suicide note counts as your official will, and therefore that the wishes specified in your note are legally binding, a couple of things need to be decided upon. Specific terminology varies from state to state or region to region, but generally, "the court must be convinced, on a balance of probabilities, that the document is authentic and that it represents the deceased's deliberate, fixed, and final intention regarding the distribution of their property upon death." The first condition, authenticity, is satisfied by the note being in your handwriting, having your signature, and containing your identifying information.
The condition of "deliberate, fixed, and final intention" is decided by several factors, including whether the note specifically states that this is your last will and/or your final wishes; whether the note specifies beneficiaries and executors (it helps to include this legal terminology); whether the note contains specific wishes on what to do with your possessions, both money and material, after your death; whether you were of "sound mind" while writing the note. This last point is of particular importance, as it can be ruled (but not always) that because you are suicidal, you are not "of sound mind". That's why it helps to write the note well before your attempt, and to specify that you weren't under the influence of drugs or alcohol while writing the note.
Things get a bit more complicated if you already have a will, but you want to amend the will through a suicide note. If the changes to your will are written out in clear language that indicates a good understanding of what you want, the court may accept it as a legal amendment to your current will. There is a case of a man changing his will via suicide note to exclude a family member, but the court did not accept this change because it was clear that he was drunk at the time, as the note was sloppily written, almost illegible, and contained a lot of swear words directed at this family member. Therefore it is important that your note is clear, calm, and professional.
One more thing I have learned is that if you are VOLUNTARILY committed to a psych ward or mental institution, that you still have certain rights that you would not have if you were involuntarily committed. I researched specifically on whether I am allowed to buy a firearm after being committed to a mental institution. It depends on how conservative (red) your state/region is, but in general, if you are voluntarily committed (you chose to go), there is more likelihood that you will be allowed to buy a firearm. I would research specific laws in your state for this, as it can vary greatly by state. Helpful terms to google are "your state background checks", "your state voluntary commitment", and "federal background checks".
For example, my state, which is pretty conservative, uses two background check systems, one of them state-specific, and one of them being a federal background check. You will have to check your state's specific laws, but my state says that you cannot own a firearm if you have been determined to be "mentally unsound". Further clarification on what this means is likely found in different portions of your state's laws. In my state this means anyone who has been determined to be mentally insane, or who has been involuntarily committed to a mental institution. Checking federal law yields the same result, with a bit more nuance, as the relevant federal law states you cannot buy a firearm if you have been "committed to a mental institution". Delving deeper into the laws clarifies that this means anyone who has been involuntarily committed.
Additionally, in my state, if someone is determined by state law to be mentally unsound enough that they're not allowed to own/buy a firearm, it is not required to pass this information on to federal authorities. This means you may not pass the state background check, but could still pass the federal background check. Another important point about being voluntarily committed is that, in many states, your commitment and any details about your stay are kept private, and this information is not passed on to state or federal police.
One of the most helpful things is to find out what code your commitment is classified under. For example, a "5150" is commonly known to mean an involuntarily commitment to a psychiatric hospital. However, this code number varies greatly by state. The specific code that your commitment is classified under should be included in the documentation you received when you first arrived at the psych ward. If not, one way to find this is to google "mental health laws your state" and replace "your state" with the state you reside in.
For example, I will do this with Nevada (I do not live there). I googled "mental health laws Nevada" and the first link was a website for a Nevada law group that lists the types of commitments (voluntary, involuntary, etc) and the specific act and law that describes these. It will probably look like a random jumble of letters and numbers, like this: "NRS 433A.145". I took just this jumble of numbers and letters, googled that, and clicked the first result to find the corresponding legal text. Since these are often very long and dense, it helps to use ctrl + F to find relevant terms (I suggest " mental " with a space on either side, because otherwise you'll get words like "compartmental"; "firearm"; and "commitment").
I am not a lawyer, just a random person who has too much time on their hands and who loves to do research, so please do not take this information as fact, and make sure to research your state or region's specific laws. Thanks for reading if you got this far.
