Last will and testament. A will directs the disposition of your assets and allows for specific bequests, such as a gift of sentimental value. For those with minor children, guardianship is established in the will in the event both parents die.
Financial power of attorney. Powers of attorney typically spring into effect upon incapacitation. This document lets someone represent an incapacitated person in certain financial matters. For example, just because you are incapacitated does not mean you get out of filing your tax return!
Healthcare power of attorney. This document gives an attorney-in-fact the right to make healthcare-related decisions for you, in case you become incapacitated. Rights given to an attorney-in-fact through a healthcare power of attorney include speaking to medical professionals about your care, deciding on treatment—even deciding to stop your treatment in a vegetative state. Appointing an attorney-in-fact is a big decision and a large responsibility for the attorney-in-fact. As a result, it’s important to establish a living will to guide their decision-making.
Living will. This is also called an advance directive. This document provides guidance to both healthcare professionals and those appointed as attorneys-in-fact. Supplementing an estate plan with a living will ensure that your final wishes are known and executed and can prevent a great deal of agony for those making decisions regarding your health care.
Some states allow individuals to draft and execute estate documents. However, it’s still always advisable to hire a legal professional.
An experienced attorney will speak with you about your personal and financial circumstances and draft a will in accordance with your wishes.