Who Should Get Copies of Your Estate Planning Documents?

Which Documents to Share—and the Reasons Why

After signing your estate planning documents, storing the originals in a secure location, and letting your trusted people know where to find those original documents if something happens, it is then important to consider who, if anyone, should be given copies of those documents. Thoughtfully sharing copies with health care providers, financial institutions, and the individuals you have selected to act on your behalf can reduce delays, avoid confusion, and help ensure that your wishes are understood and followed.

Give Your Health Care Documents to Your Primary Care Provider

Copies of your estate planning documents which concern health care decision making and end-of-life care wishes—documents like a durable health care power of attorney, a health care directive (also known as an advance directive or a living will), and a Portable Orders on Life-Sustaining Treatment (POLST)—should be given to your primary care provider. Ask that the documents be uploaded to your medical file so they will be readily accessible to medical professionals involved in your care. Providing them in advance can be especially helpful if an illness or emergency later leaves you unable to communicate your wishes or identify the person authorized to make health care decisions for you.

If you have a serious health condition and have signed specific instructions about whether paramedics should administer life-sustaining treatment in the event of a medical emergency (for Washington residents, this is usually done through execution of a POLST) then consider displaying a copy of such instructions in a conspicuous place in your home (follow your doctor’s specific advice here) and keeping a copy on your person.

Provide Your Financial Power of Attorney to the Institutions You Use

I always recommend giving a copy of your durable financial power of attorney (sometimes simply called a durable power of attorney) to the financial institutions which hold your money and investments. These may include the bank or credit union where you conduct your everyday banking, the institutions holding your investment or retirement accounts, and the office of any financial advisor who helps manage your assets. If and when you need assistance, documenting the financial power of attorney relationship in advance increases the likelihood of smooth and efficient interactions between the person you’ve named to act on your behalf and your financial institutions.

Give Each Named Role-Player the Documents That Identify Their Role

Your estate planning documents undoubtedly name role-players to step in and perform important fiduciary duties when the appropriate moment arrives. This may include the personal representative (aka executor) nominated in your will, the successor trustee nominated in your living trust, the health care agent designated in your durable health care power of attorney, and the attorney-in-fact designated in your durable financial power of attorney. I highly encourage providing each and every person named in your documents to serve as a role-player, whether they are primary or a backup, with a copy of the documents in which that person is named. Not only will this help ensure that those role-players are better equipped to act when the time comes, but it will give them an opportunity in the near-term to consider the nature of the role you are asking them to play and the chance to raise important questions or concerns well in advance of when they may be called upon to act on your behalf.

We Are Here to Help

If you have questions about this or any other aspect of the estate planning process, Carmichael Clark is here to serve you.