![]() With a Power of Attorney, you are authorizing an agent to manage your estate (i.e. Some financial institutions require the General Durable Power of Attorney while other institutions require the Uniform Statutory Form. ![]() 7) General Durable Power of Attorney/ Uniform Statutory Form Power of Attorneyīoth the General Durable Power of Attorney and the Uniform Statutory Form Power of Attorney address the management of your property and estate if you become incapacitated. Your Authorization for Release of Protected Health Information allows you to identify the individuals who will be allowed to obtain your protected health information in order to make informed health care decisions. 6) Authorization for Release of Protected Heath Information In this document, you may also express your wishes regarding withholding, or withdrawal of treatment to keep you alive, as wells as provisions regarding pain relief. The California Advance Health Care Directive lets you name another individual to serve as your “agent” and make health care decisions if you become incapable of making your own decisions. 5) California Advance Health Care Directive Some financial institutions prefer the Trustee's Affidavit whereas some require a Certification of Trust so we will provide you with both documents. These documents are generally requested by financial institutions when you are conducting business on behalf of the Trust. Both documents prove to third parties that your Trust exists and that you, the Trustee, have the power to manage and control your Trust. We will create a Trustee’s Affidavit and a Certification of Trust for you even though both of these documents serve the same purpose. 4) Trustee’s Affidavit/ Certification of Trust Your Living Will also informs your doctors of your wishes regarding extraordinary medical measures. The Living Will is an important document that outlines your wishes should your death become imminent, you are in a permanent vegetative state, or if you have a terminal illness. Using this Pour-Over Will, any property that was not included in your Trust can be easily transferred into your Trust after your death in probate court. While you will always have your Pour-Over Will to act as a safety net, the goal is to avoid probate all together which can be done if all of your property is transferred into the Trust during your life. This Pour-Over Will acts as a form of a “safety net” to capture any assets that were not included in your Trust. Your Pour-Over Will leaves any property that was not transferred into your Trust before your death to your Trust when you pass. Once your Trust has been created, all of your assets can be transferred into the Trust (a process also referred to as “funding your Trust”). A Trust, unlike a Will, also allows you to keep your instructions and financial affairs private. It contains one set of instructions for your own care if you become disabled or incapacitated and another set of instructions of how you want your estate to be distributed upon your passing. Your Revocable Living Trust (“Trust”) is the foundation of your estate plan. a Will, see “What is a Trust?” under the Resources tab.īelow are all of the documents that will be included in a Trust-based estate plan. To learn more about the benefits of having a Revocable Living Trust ("Trust") vs. A Will-based estate plan will contain all of the same documents as a Trust-based estate plan except the Will is substituted for the Revocable Living Trust. ![]() The documents outlined below are for a Trust-based estate plan (an estate plan with a Revocable Living Trust rather than a Will). ![]() When creating your estate plan, we tailor each document to address your personal needs and interests.
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