Married With Adult Children

As a married couple with one or more adult children,  your estate plan should consist of the following: 

A Last Will and Testament for each spouse A Directive to Physicians "Living Will for each spouse"
A Durable Power of Attorney for Financial Purposes for
each spouse
An authorization and release for HIPAA compliance*, and
A Durable Power of Attorney for Health Care Purposes for
each spouse
Advance arrangements for your funeral and remains*.
Perhaps a Community Property Agreement

*Two other documents will also be provided to you at no cost; a HIPAA Authorization and Release Form for you to complete, and an Advance Funeral Directive should you choose to complete the same.


Your Last Will and Testament

Your Last Will describes who will receive your estate (your house, car, personal property and possessions, etc.) and who is going to take care of things for you (your “Personal Representative”). As a married couple and have no minor children, you will not need to name a guardian for your children 


Protective Provisions for Minor beneficiary

If a beneficiary or your estate is under the age of 18 years, your Personal Representative will have the authority to hold the child's share of the estate in trust or create a custodial account under the Uniform Transfers to Minors Act. Once the individual beneficiary reaches the age of 21 years, the trust or custodial account will terminate and any remaining funds set aside for the individual will be distributed to him or her.


Your Durable Power of Attorney for Financial Purposes

Your Durable Power of Attorney for Financial Purposes identifies who you want to act for you in the event that you are unable to manage your own financial affairs.  This person (your "Agent") is generally your spouse and if your spouse is unable to act as your agent, then you will need to select an alternate - someone you can trust to make the right decision for you and is available and willing to help.  You will need to decide whether your power of attorney will be effective immediately or “spring” into effect only if you become incapacitated (preferred).


Your Durable Power of Attorney for Health Care Purposes

Your Health Care Durable Power of Attorney identifies the person who will act for you if you are not able to make your own health care and related medical decisions.  As a married couple, this person will generally be your spouse.  You will want to select one or more alternates who may be different people from whom your spouse selects. This document is effective when you are unable to make your own health care decisions.


Your “Living Will”

You may want to implement a “Living Will” which describes the type of comfort care you would like to receive should you have a terminal condition or experience a vegetative or permanently unconscious state.  


HIPAA Authorization and Instructions regarding disposition of your remains

The HIPAA authorization form identifies who may deal with your protected health care information and should be included in your medical records.  You may also want to express in writing your wishes regarding the place or method of disposition of your remains.  

Get started today with a personalized plan

choose and pay for only what you need

Last Will and Testament: $75 / spouse
Financial Durable Power of Attorney: $35 / spouse
Health Care Durable Power of Attorney: $35 / spouse
Directive to Physicians ("Living Will"): $15 / spouse
Community Property Agreement: $35
HIPAA Authorization and Release Form: INCLUDED
Advance Funeral Directive: INCLUDED