Estate planning is one of those things most people put off. It feels complicated, maybe even a little overwhelming. But if you care about what happens to your money, your home, or your family after you’re gone, you need a plan. The truth is, even if you already have a will or a trust, your estate plan might still be missing something important. There’s one document that often gets overlooked, and not having it can cause real problems for your loved ones. Here’s what you need to know to make sure your estate plan is complete.
1. The Power of Attorney: The Missing Piece
A power of attorney is the document most people forget. It lets someone you trust make decisions for you if you can’t. This isn’t just about money. It can cover health care, too. If you get sick or injured and can’t speak for yourself, who pays your bills? Who talks to your doctor? Without a power of attorney, your family might have to go to court just to help you. That takes time and money. And it adds stress when they’re already worried about you. A power of attorney makes things simple. You pick who helps you. You set the rules. And you keep control, even if you can’t speak for yourself.
2. Why a Will Isn’t Enough
A will is important. It says who gets your stuff when you die. But a will only works after you’re gone. It doesn’t help if you’re alive but can’t make decisions. That’s where a power of attorney comes in. It fills the gap. If you have a stroke, get in a car accident, or develop dementia, your will does nothing. Your family can’t access your accounts or make medical choices. A power of attorney steps in when you can’t. It’s the bridge between being healthy and being gone. Without it, your loved ones are stuck.
3. Two Types: Financial and Medical
There are two main types of power of attorney. The first is for finances. This lets someone pay your bills, manage your bank accounts, and handle your investments. The second is for health care. This person can talk to your doctors, decide on treatments, and even choose where you live if you need care. You can pick the same person for both or choose different people. The key is to pick someone you trust. And you need to put it in writing. Verbal promises don’t count. Only a signed, legal document works.
4. How to Choose the Right Person
Choosing your agent is a big deal. This person will have a lot of power. Pick someone who is responsible and who knows what you want. It doesn’t have to be a family member. Sometimes a close friend is better. Talk to them first. Make sure they’re willing to help. And tell them what matters to you. If you want to stay at home as long as possible, say so. If you have strong feelings about certain treatments, let them know. The more you share now, the easier it will be for them later.
5. When Does It Start and End?
You get to decide when your power of attorney starts. Some people want it to start right away. Others want it to kick in only if they become incapacitated. This is called a “springing” power of attorney. It only takes effect if a doctor says you can’t make decisions. You also decide when it ends. Most powers of attorney end when you die. But you can cancel it any time, as long as you’re still able to make decisions. This flexibility is one reason it’s so useful.
6. What Happens Without One?
If you don’t have a power of attorney and you become unable to make decisions, your family may have to go to court. This process is called guardianship or conservatorship. It’s slow, expensive, and public. A judge decides who will help you. It might not be the person you would have picked. And your family will have to report to the court regularly. This adds stress and costs money. A power of attorney avoids all of this. It keeps things private and simple.
7. How to Get a Power of Attorney
Getting a power of attorney isn’t hard. You can find forms online, but it’s smart to talk to a lawyer. Laws vary by state, and you want to make sure your document is valid. Some states require witnesses or a notary. A lawyer can help you get it right. And they can help you update it if things change. You should also review your power of attorney every few years. Life changes. Your documents should, too.
8. Don’t Forget Digital Assets
Today, a lot of our lives are online. Bank accounts, social media, even photos. Your power of attorney should cover digital assets. Make a list of your accounts and passwords. Tell your agent where to find them. Some states have special laws about digital access. If you don’t plan for this, your family could lose access to important information.
9. Review and Update Regularly
Life changes fast. You might move, get married, or have kids. The person you picked as your agent might move away or pass on. Review your power of attorney every few years. Make sure it still fits your life. If you want to change it, you can. Just make a new document and tell everyone involved. Keeping your estate plan up to date is the best way to protect yourself and your family.
The Real Value of a Complete Estate Plan
A complete estate plan does more than pass on your stuff. It protects you while you’re alive. The power of attorney is the crucial document that keeps your life running if you can’t do it yourself. It saves your family time, money, and stress. And it gives you peace of mind. Don’t leave this out of your estate plan.
Have you set up a power of attorney, or do you have questions about it? Share your thoughts in the comments.
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The post Is Your Estate Plan Missing This One Crucial Document? appeared first on The Free Financial Advisor.
