Listed below are a few of the most common documents used for estate planning, and JCBank’s Trust Officers can help you choose the options that fits your needs.
A Will
Is a legal document that accomplishes a number of things, such as:
- disposition of assets after your death (although certain assets may pass outside of your will, as you see below)
- appointment of legal guardians for your minor children
- appointment of an Executor to administer your estate and see that your wishes are carried out
- creation of trusts as well as appropriate trustees to administer each trust (this is known as a testamentary trust or trust under will)
Revocable Living Trust Agreement
A trust is an arrangement whereby you, as the grantor or settler, transfer assets to a trustee who then manages those assets for the benefit of beneficiaries named in the trust document. The beneficiaries may include you and other individuals or organizations that you specify.
Power of Attorney
A power of attorney is a written document giving someone else the power to act on your behalf. This person is called an attorney-in-fact. A general power of attorney can give your designated agent or agents the power to do almost anything with your property, and a limited power of attorney gives authority for only certain transactions such as selling a house. Your power of attorney can be durable which means that it can remain in effect even though you later become incompetent.
Appointment of Health Care Representative
Indiana law allows you to decide who has the authority to make your health care decisions by appointing your health care representative. It will allow you to name your spouse, or other close relative or friend, as your health care representative in the event you can’t make medical decisions on your own.
Living Will
This written declaration makes known to family and physician the declarant’s wishes regarding the use of artificially supplied nutrition and hydration, and other life prolonging procedures.
HIPAA Release
The Health Insurance Portability and Accountability Act (HIPAA) became effective in 2003. This act makes it unlawful for your doctor or health care provider to make certain disclosures or releases of your health care information or records. You should sign a HIPAA Release Authority that will authorize your doctors and health care providers to disclose and release your health care information and records to those persons who you appoint as your health care representative.
JCBank does not offer legal advice. You should consult you attorney regarding your specific situation.