Estate Planning Documents Every Family Should Have in Place

A well-prepared estate plan involves more than just writing a will. Several essential documents can help ensure your wishes are followed, your loved ones are supported, and unnecessary delays or court involvement are avoided. Here is a clear comparison of the most common financial and health care documents and how they function.

Joint ownership
Allows you to own property with another person. Takes effect as soon as the joint ownership is recorded. It does not authorize anyone to manage your affairs if you are unable to communicate. Transfers only the jointly owned assets after death. It is private and does not require court involvement.

Durable power of attorney
Authorizes someone to handle your legal and financial decisions if you become incapacitated. Can take effect immediately or only after a specific event. It is private and avoids the need for court involvement. It does not specify how your belongings should be transferred after death.

Living trust
Holds your assets during your lifetime and guides their distribution after death. Becomes effective once the trust is signed and funded. It is private and does not involve the courts. It does not authorize someone to manage your affairs during incapacity unless paired with a power of attorney.

Living will
Provides instructions for medical care if you cannot communicate. Usually applies to life support and end-of-life decisions. Takes effect upon incapacity and can be updated or revoked at any time. It does not give anyone else decision-making authority.

Power of attorney
Gives someone the ability to manage your financial and legal matters. Does not outline your medical wishes. Can take effect immediately or after a specific event. It is private and can be revised or revoked as outlined in the document.

Power of attorney for health care
Authorizes someone to make health care decisions for you if you cannot. It does not specify your wishes but gives authority to act on your behalf. Can be revised or revoked and usually takes effect upon incapacity. It is private and does not give financial authority.

Important note
Power of attorney laws differ by state. Trust-based strategies often involve complex tax considerations. It is wise to work with an experienced estate planning professional to ensure your documents are valid and aligned with your financial goals.