Financial Documents
| Joint Ownership | Durable Power of Attorney | Living Trust | |
|---|---|---|---|
| What does it do? | Enables you to own property jointly with another person | Authorizes someone to handle legal and financial decisions if you become incapacitated | An entity that holds your belongings until your death |
| Can it authorize someone to handle your financial affairs if you are unable to communicate? | Generally, no |  | Generally, no |
| Can it specify how you want your belongings transferred after your death? | But only those belongings owned jointly | Generally, no | |
| Is it private? | | | |
| When does it go into effect? | As soon as joint ownership is recorded | Either immediately or upon a specific trigger event (such as your incapacity) | When the document is signed and the trust is funded |
| Does it require court involvement? | No | No | No |
Fast Fact: Without a Will. Half of Americans admitted they don’t have any of the most basic estate planning documents in place. That includes a will, a living will, and financial and medical powers of attorney.
Source: Forbes, March 1, 2010
Healthcare Documents
| Living Will | Power of Attorney | Power of Attorney for Healthcare | |
|---|---|---|---|
| What does it do? | Provides specific instructions about medical care and artificial life support | Authorizes someone to handle legal and financial decisions on your behalf | Authorizes someone to make healthcare decisions on your behalf |
| Can it outline your medical wishes if you are unable to communicate? | | Generally, no | Not generally, but it does authorize someone to make medical decisions on your behalf |
| Can it authorize someone to handle your financial affairs if you are unable to communicate? | Generally, no | | Generally, no |
| Duration | No expiration; can be revised or revoked at any time | Depends on specifics in the Power of Attorney; can be revised or revoked at any time | Depends on specifics in the document; can be revoked or revised at any time |
| Is it private? | | | |
| When does it go into effect? | Upon your incapacity | Either immediately or upon a specific trigger event (such as your incapacity) | Either immediately or upon a specific trigger event (such as your incapacity) |
Source: LegalZoom, December 2010; Nolo, January 2011
Tip: In Dispute. “Contrary to what most people might believe, the rich routinely fail to draft effective trust arrangements that faithfully carry out their dying wishes. In fact, power struggles over inherited wealth are so endemic in our culture of affluence that nearly all of the nation’s most profitable law firms maintain trust-and-estate divisions whose sole purpose is to handle such disputes.”
Note: Power of attorney laws can vary from state to state. An estate strategy that includes trusts may involve a complex web of tax rules and regulations. Consider working with a knowledgeable estate management professional before implementing such strategies.
The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. This material was developed and produced by Faulkner Media Group to provide information on a topic that may be of interest. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. Copyright 2011 Faulkner Media Group.