Do You Have These Key Estate Planning Documents?
Estate planning is the process of managing and preserving your assets while you are alive, and conserving and controlling their distribution after your death. There are four key estate planning documents almost everyone should have regardless of age, 健康, 或财富. 它们是：一份持久授权书, 预先医疗指示, 一个将, 还有一封指示信.
持久授权书
Incapacity can happen to anyone at any time, but your risk generally increases as you grow older. 想想会发生什么, 例如, you were unable to make decisions or conduct your own affairs. Failing to plan may mean a court would have to appoint a guardian, and the guardian might make decisions that would be different from what you would have wanted.
A durable power of attorney (DPOA) enables you to authorize a family member or other trusted individual to make financial decisions or transact business on your behalf, 即使你失去了行动能力. The designated individual can do things like pay everyday expenses, 收藏的好处, 注意你的投资, 并提交税款.
有两种类型的dpoa:(1)和 立即 DPOA, which is effective at once (this may be appropriate, 例如, if you face a serious operation or illness), (2) a 出来 DPOA, which is not effective unless you become incapacitated.
预先医疗指示
An advance medical directive lets others know what forms of medical treatment you prefer and enables you to designate someone to make medical decisions for you in the event you can’t express your own wishes. If you don’t have an advance medical directive, 健康-care providers could use unwanted treatments and procedures to prolong your life at any cost.
There are three types of advance medical directives. Each state allows only a certain type (or types). 你会找到的, 两个, or all three types are necessary to carry out all of your wishes for medical treatment.
- A living will is a document that specifies the types of medical treatment you would want, 或者不想要, 在特定情况下. 在大多数州, a living will takes effect only under certain circumstances, 比如绝症或受伤. 一般, one can be used solely to decline medical treatment that “serves only to postpone the moment of death.”
- A 健康-care proxy lets one or more family members or other trusted individuals make medical decisions for you. You decide how much power your representative will or won’t have.
- A do-not-resuscitate (DNR) order is a 法律 form, 你和你的医生都签了名, that gives 健康-care professionals permission to carry out your wishes.
将
A will is quite often the cornerstone of an estate plan. It is a formal, 法律 document that directs how your property is to be distributed when you die. Your will should generally be written, signed by you, and witnessed. 如果你不留下遗嘱, disbursements will be made according to state law, 这可能不是你想要的.
There are a couple of other important purposes for 一个将. It allows you to name an executor to carry out your wishes, 如遗嘱所述, 也是你未成年孩子的监护人.
Most wills have to be filed with the probate court. 执行人收集资产, 支付所欠债务和税款, and distributes any remaining property to the rightful heirs. 各州的规定各不相同, but in some states smaller estates are exempt from probate or qualify for an expedited process.
Percentage of Americans with 一个将, by age group
来源:关怀.com, 2023
指示函
指示函是非正式的, non法律 document that generally accompanies 一个将 and is used to express your personal thoughts and directions regarding what is in the will (or about other things, such as your burial wishes or where to locate other documents). This can be the most helpful document you leave for your family members and your executor.
Unlike your will, a letter of instruction remains private. Therefore, it is an opportunity to say the things you would rather not make public.
A letter of instruction is not a substitute for 一个将. Any directions you include in the letter are only suggestions and are not binding. The people to whom you address the letter may follow or disregard any instructions.
现在就采取行动
生活是不可预测的. 所以现在就采取行动, 趁你还能, to have the proper documents in place to ensure that your wishes are carried out.