The BIG 3 Estate Planning Documents

Author

Entrusted Legacy Law

Posted on

Sep 20, 2021

Book/Edition

Pennsylvania - Greater Pittsburgh Area

Though most people dread the thought of their own death, through a well-conceived and properly executed estate plan, you can protect your loved ones by leaving an organized strategy with your wishes instead of a mess.

You should have at least the Big 3 documents (as I like to call them), which are the Will, Power of Attorney, and Healthcare Directive. Without having all three of these documents in place, you leave gaps in your plan that could cause conflict among your loved ones and possibly require court intervention. Lets walk through these documents in the order that you might need to use them so that you can better understand what purposes they serve.
In Pennsylvania, three components work together in a Healthcare Directive document, which affects access to healthcare information and the power to make medical decisions. First, a HIPAA Authorization will allow you to name loved ones to have access to your medical status or records from a doctors office or hospital. Next, a Healthcare Power of Attorney names your healthcare agents, in the order that they can serve to make medical decisions for you if you can not do so for yourself. Lastly, a Living Will communicates detailed instructions for others to follow if you end up in a permanent vegetative state due to irreversible brain damage or suffer from an end-stage medical condition where you no longer have the capacity to voice your own opinion about your medical care or treatment.

A Durable Power of Attorney grants another person (known as an agent) the power to make all of your financial and legal decisions. Or simply putif you can do something for yourself, then your agent can do it for you. These powers include significant ones like banking and investments, changing beneficiaries on policies, taking out credit cards and life insurance, or filing taxes.
A Last Will and Testament spells out how you wish for your assets to be distributed after your death through probate. In order for this to happen, you also need to name an executor of your estate. An executor takes on a fiduciary role to collect your assets and then will pay any final bills, funeral expenses, attorney fees, or other debts owed. Then, that executor will distribute your remaining assets according to your wishes.

Editors Note: This article was written by Ashley E. Sharek, Esq., Sharek Law Office, LLC. She may be reached at 412-347-1731 or contact@shareklaw.com. 

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Local Services By This Author

Entrusted Legacy Law

Elder Law 100 Pinewood Lane Suite #303, Warrendale, Pennsylvania, 15086

Our Firm Prepares You for Life What makes our firm different is that we were built with the needs of growing families in mind. We understand you are BUSY, you are growing, you are planning for a life of prosperity and you value ease, convenience and efficiency. You are raising children, and caring for elderly parents, while also working hard to build your own nest egg for a lifetime of support. You want to know youve made the best decisions for your family and that your plan will work when your loved ones need it most. You want to make sure your minor children would be raised by the people you choose, and never by anyone you wouldnt want, and that your teens and adult children are properly prepared to care for you and what you leave behind.  You want to feel confident that youve made the right choices, and handled everything so that you arent leaving behind a mess, when something happens. That is our focus as well. Weve developed unique systems to give you the same access to a Personal Family Lawyer as was previously only available to the super-wealthy, so you can have the guidance you need to build and maintain a life of prosperity and wealth. And, to keep your family out of court and out of conflict, which is the greatest risk to the people you love and all you have created, even if youve already worked with a traditional lawyer or created documents online. Our Team Is Here for You We encourage communication with our clients. In fact, weve thrown out the time clocks so you never have to be afraid to call with a quick question. Everything we do is billed on a flat-fee basis, agreed to in advance, so there are never any surprises. We have a whole team to serve you. When you call our office to ask your quick question, you wont have to wait hours or days for a phone call back. Youll get your question answered, right away. And, if you need to schedule a more in-depth legal or strategic call with your Personal Family Lawyer, a call will be scheduled when you're both available and ready for the call so we can make the very best use of your time and not waste your time by leaving voicemail after voicemail back and forth. And, we ensure the most important details of your planning are followed through on and your plan continues to work throughout your lifetime. We have a funding coordinator to ensure your assets are owned the right way throughout your lifetime and none of your assets will end up going through a long, expensive court process or being lost to the state because they were missed after your death. Weve created unique membership programs to keep your plan up to date year in and year out as well as give you access to our Trusted Team of Legal Experts for guidance on ANY legal or financial matter. One day you will need a lawyer. I dont know why and I dont know when, but when you do, you will be grateful you can call on us and well be here to advise you or get you out of a jam. We Help You Transfer Your Life and Legacy Lastly, we believe your financial wealth is only a small part of your overall Life and Legacy Planning which is made up of your far more valuable and most often lost upon incapacity or death intellectual, spiritual and human assets. These assets are what make you who you are, and sum up whats most important to you. And, a survey of inheritors has revealed that what they care about even more than inheriting your money, is inheriting these intangible assets.   Most estate plans only focus on the transfer of your financial wealth to the next generation. Most people have such great intentions of passing on the intangible, but very few ever get around to it. Its just not a priority, until its too late. How much do you know about your grandparents values? Their most prized personal possessions? How they felt about you? What they had learned during their lifetime? If you are like most people, you know very little. Thats why we build the capture and passage of these most valuable assets into every estate plan we create. Not only will we help you pass on your money, but also your values, your insights, your stories and your experience the truly valuable assets your loved ones care about the most.  Weve developed a tool that allows us to capture and pass on your whole family wealth, including your Intellectual, Spiritual and Human assets.  I cant go into all of the details here, but well definitely talk about it when you come in for your Life and Legacy Planning Session.