Most people think of a last will and testament when they think of estate planning, but comprehensive estate planning protects more than your property after your passing. Estate planning is also needed to clarify and express your wishes when you’re living, says a recent article from Successful Farming, “5 Documents That Protect Your Decisions When You Can’t Speak for Yourself.”
When a person dies with assets owned directly by them, a court process called probate must take place. The will is submitted to the court, which validates it and approves the person named in it to serve as an executor (or administrator). This person has a host of tasks, including gathering assets, paying debts and taxes, and distributing property.
If no will has been prepared, the court decides how assets are distributed and appoints a person to oversee the process, as directed by state law.
For the living, estate planning documents are created to address incapacity, whether due to dementia, illness, or injury. Without these documents in place, financial and medical decisions are not automatically made by family members. In fact, family members have no legal rights without these documents and will have to petition the court to become guardians or conservators to be involved with any aspect of the person’s life. This is a surprise to people who assume marriage or kinship alone gives them the right to be involved in a loved one’s care.
Going to court can be expensive, often causes deep rifts between family members, and does not provide any opportunity for the person’s wishes to be expressed or followed. “Lifetime documents” are just as important as those used after death.
Property documents need to be reviewed, including home and property deeds and titles for assets, such as farms, land, and major equipment. Bank accounts, retirement accounts, and life insurance policies and beneficiary designations need to be checked as well. Every asset bears an owner’s name, and the person or entity named is the legal owner.
A Healthcare Power of Attorney (POA) names another person to make medical decisions for you if you cannot make them yourself. An estate planning attorney should be involved in this and other lifetime documents to ensure they are legally valid. Anyone over the age of 18 should have POAs in place.
A Living Will outlines wishes for end-of-life care, including the removal of life-sustaining treatments such as hydration or nutrition.
A HIPAA Authorization (Health Insurance Portability and Accountability Act) form authorizes the release of patient health information without the patient’s consent. Otherwise, family members won’t have access to information.
A Financial Power of Attorney names a trusted person to handle property, bills, finances, legal matters, and taxes. Be wary of downloaded templates, as they may not be recognized as valid by financial institutions. Each state has its own rules for financial POAs, and they should be drafted to address specific situations.
Caregiver Agreements also vary by state. These are used to clarify the care a child, grandchild, or other person will provide for an aging loved one and how the caregiver is being compensated. It provides transparency with other family members, so everyone knows what is being done and by whom. This is also helpful if the person is applying for Medicaid, so the care won’t be considered a gift.
All of these documents should be created to work together, providing protection during life and afterward. A trusted, experienced estate planning attorney can use their knowledge of state requirements and personal circumstances to create a network of support.
Reference: Successful Farming (May 12, 2026) “5 Documents That Protect Your Decisions When You Can’t Speak for Yourself.”