Children When answering these questions, please answer the questions based on all your children including any stepchildren. If any of your children are under the age of 18, we recommend setting up a trust for your child or children, you will be able to appoint a trustee to manage your child’s inheritance. Your trustee will be responsible for investing, handling, and providing distributions to your child as they see fit. Once your child reaches an age that you predetermine, your child will then have full access to their inheritance.
Guardians for Your Minor Children In your Last Will and Testament, it is important to designate a Guardian for your minor child or children. A Guardian is a person who is responsible for the day to day needs of a minor child and who steps into the role of being the parent if you are no longer living or unable to care for your child. As a word of caution, the surviving biological parent is typically favored by the courts to be named as guardian. If you choose to name someone other than the surviving biological parent as the first guardian, the legal system may still grant custody to the surviving biological parent unless the surviving biological parent has been legally deemed unfit to serve as parent/guardian.
Children Information Name your children and/or step children. Determine how to distribution your estate and when you would distributed.
Distribution Options
Executor The Executor is the person who administers the estate. Its common to have the same person be the Executor and Trustee. If you are married your Spouse will be your default Executor. You can name an alternative Trustee should you spouse or primary Trustee not survive and you can overwrite primary Executor. If your Initial Agent cannot serve, then your alternate Agents would serve in the order listed.
Executor- Spouse/Partner
Trustee A Trustee is the person who manages the assets held in trust for your children. Your Spouse will be your default trustee. You can name an alternative trustee should you spouse or primary trustee not survive. The Executor is the person who administers the estate. Its common to have the same person be the Executor and Trustee.
Spouse Trustee A Trustee is the person who manages the assets held in trust for your children. Your Spouse will be your default trustee. You can name an alternative trustee should you spouse or primary trustee not survive. The Executor is the person who administers the estate. Its common to have the same person be the Executor and Trustee.
Financial Durable POA: Name someone (agents) you trust to make financial decisions on your behalf in the event you are unable to do so yourself. If your primary Agent cannot serve, then your alternate Agents would serve in the order listed. If you indicate the document is to be effective "immediately" then your Agent is authorized to act if appropriate without needing the doctors' statements or your further permission. If you select the document to be effective "Later" then your Agent may act only if (a) you later give written permission or (b) two physicians state that you are not capable of making decisions.
Financial DPOA-Spouse/Partner Name someone (agents) you trust to make financial decisions on your behalf in the event you are unable to do so yourself. If your Primary Agent cannot serve, then your alternate Agents would serve in the order listed. If you indicate the document is to be effective "immediately" then your Agent is authorized to act if appropriate without needing the doctors' statements or your further permission. If you select the document to be effective "Later" then your Agent may act only if (a) you later give written permission or (b) two physicians state that you are not capable of making decisions.
Health Care POA Name someone (agents) to make medical decisions on your behalf in the event that you are unable to make those decisions for yourself. If your Initial Agent cannot serve, then your Alternate Agents would serve in the order listed. You will note if you want artificial hydration for ease of administering pain-relieving drugs, in the situation where you suffer from a terminal condition or state of permanent unconsciousness and there is no realistic hope of significant recovery.
Health Care POA - Spouse/Partner Name someone (agents) to make medical decisions on your behalf in the event that you are unable to make those decisions for yourself. If your Initial Agent cannot serve, then your Alternate Agents would serve in the order listed. You will note if you want artificial hydration for ease of administering pain-relieving drugs, in the situation where you suffer from a terminal condition or state of permanent unconsciousness and there is no realistic hope of significant recovery.
HIPAA Agents Federal law under the Health Information Portability and Accountability Act (HIPAA) prohibits your medical providers from disclosing medical information to anyone other than you or individuals you have authorized. Your documents will include a HIPAA Authorization authorizing your medical providers to communicate with your health care agents under your Health Care Power of Attorney. In addition, it will also authorize communication with your trustees and/or financial agents under your Durable Power of Attorney as your trustees and/or financial agents may encounter HIPAA issues when handling your health insurance or medical bills. In some instances, you may wish to add additional individuals to your HIPAA Authorization. For example, perhaps you have other family members that you would wish to be able to communicate with your health care providers about your situation even if they are not your health care decisionmaker.Any HIPAA representative, in any order, is authorized to obtain medical information. (By comparison, the Health Care Agents act in the order named.)
HIPAA Agents Spouse/Partner Federal law under the Health Information Portability and Accountability Act (HIPAA) prohibits your medical providers from disclosing medical information to anyone other than you or individuals you have authorized. Your documents will include a HIPAA Authorization authorizing your medical providers to communicate with your health care agents under your Health Care Power of Attorney. In addition, it will also authorize communication with your trustees and/or financial agents under your Durable Power of Attorney as your trustees and/or financial agents may encounter HIPAA issues when handling your health insurance or medical bills. In some instances, you may wish to add additional individuals to your HIPAA Authorization. For example, perhaps you have other family members that you would wish to be able to communicate with your health care providers about your situation even if they are not your health care decisionmaker.Any HIPAA representative, in any order, is authorized to obtain medical information. (By comparison, the Health Care Agents act in the order named.)