WHO SHOULD HAVE COPIES OF YOUR ESTATE PLANNING DOCUMENTS?
Q. Should I give copies of my Will and other estate planning documents to others, such as my children and to the executor of my estate?
A. For some people, their estate planning documents are as private as their income tax returns, and nobody is ever given copies. For other people, estate planning documents are no different than a spare key to the house, and every family member and executor named in the documents is given a copy.
I suggest not making copies of your Will unless you make sure to provide all the same people copies of the new documents. If you don't, then there may be some arguments following your death over which document controls the disposition of your estate.
In contrast, I recommend making copies of your Directive to Physicians, Medical Power of Attorney, and HIPAA Release Authority. You should provide copies of these documents to your physician. You should also provide copies any time you are being admitted to a hospital or medical facility. Additionally, you may want to provide your named agents with copies so they are familiar with your wishes.
If you have designated in your Medical Power of Attorney that you will be keeping the original and/or copies at a specific location, you need to make sure that you do so. Make sure you keep track of who has your copies, however, in the event you change your documents.
Keep in mind, none of these documents can serve their purpose unless people know they exist and know where to find them. Please do your best to make sure the appropriate people are informed regarding each document.
Additionally, I have a standard "Letter to Executors & Agents" available on my website: CLICK HERE. You may download and edit this document so that you can inform your executors and/or agents that you have selected them and where your documents are located.
