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 | Holds your belongings until your death |
| Can it authorize someone to handle your financial affairs if you are unable to communicate? | Generally, no | Yes | Generally, no |
| Can it specify how you want your belongings transferred after your death? | Yes | Generally, no | Yes |
| Is it private? | Yes | Yes | Yes |
| 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 |
Health Care Documents
| Living Will | Power of Attorney | Power of Attorney for Health Care | |
|---|---|---|---|
| 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 health care decisions on your behalf |
| Can it outline your medical wishes if you are unable to communicate? | Yes | Generally, no | Generally, no, 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 | Yes | Generally, no |
| Duration | No expiration; can be revised or revoked at any time | Depends on specifics in the document; 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? | Yes | Yes | Yes |
| 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) |
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.
