While you may think of a last will and testament when the phrase “estate planning” is used, there are several other documents you need. A recent article in Kiplinger, “I’m an Estate Planning Attorney: These Are the Two Legal Documents Everyone Should Have,” explains what every adult needs to protect themselves and help loved ones during a time of crisis. This blog is brought to you by Beck, Lenox & Stolzer Estate Planning and Elder Law, LLC, and covers the topic Health Care Proxy and Power of Attorney: Why You Need Them.
An estate plan does far more than simply distribute assets when you’ve died. It also protects your wishes while you’re living, as well as in case of incapacity. The healthcare proxy and the durable power of attorney listed in Kiplinger’s article are known to our clients as the healthcare power of attorney, and the durable financial power of attorney.
A healthcare power of attorney, appoints someone you trust to receive information about your medical care and make decisions if you are too sick or injured to communicate your wishes. If you recover and regain capacity, you resume the ability to oversee your own health care, and the health care agent can no longer make medical decisions or have access to your medical care without your authorization.
No one expects to be incapacitated. However, it’s best to be prepared. If you’re scheduled for surgery and are sedated, for instance, you’ll want another person to be able to make decisions for you in case something goes wrong. If you experience a longer medical event, such as being in a coma, your family will be able to make decisions on your behalf.
If there is no healthcare power of attorney in place, your spouse or family members will need to petition the court to name a guardian to be able to make decisions for you. There have been many court cases where a surviving spouse would like to take their loved one off life support, but their parents don’t want that to happen. This is a terrible situation for everyone involved and can be avoided with the right estate planning.
A healthcare power of attorney may include provisions for a Living Will, which would specify the types of medicine or treatments you would want or not want if you were in a terminal state. For example, you may not want to be kept alive through artificial nutrition or a heart and lung machine if you are in a vegetative state. The living will is your way of communicating your wishes clearly and coherently.
Who you name as your healthcare agent is entirely up to you. A younger person may name a parent, spouse, or close friend as their guardian. Couples often name their spouse or partner, while elderly people are more likely to name an adult child.
If there is no healthcare power of attorney named, even a married spouse doesn’t have the legal right to make decisions for you. Once a child reaches the age of legal majority, they are considered an adult, and their parents are no longer the default guardians. When children go to college, they should have a healthcare power of attorney in place.
The second critical document is the Durable Financial Power of Attorney. This names a person to make financial and legal decisions on your behalf. Without one, the family will need to go to court to access your accounts, pay bills and maintain the business side of your life.
Even if you don’t care what happens to your possessions after you die, having these documents in place will give your loved ones the ability to care for you without added burdens when they are needed. If you do not have either of these vital documents in place, we hope you will schedule a free consultation with us to rectify that.
Reference: Kiplinger (Aug. 7, 2025) “I’m an Estate Planning Attorney: These Are the Two Legal Documents Everyone Should Have”
