Did you know each estate planning document serves a different purpose? While an attorney may draw up multiple documents for you, they all contain different language and serve different purposes.

Recently, I saw a will that included incapacity provisions. A will is not the correct place for incapacity provisions. Here's why: If you are incapacitated you are still alive. Incapacity provisions need to be included in a document that is effective while you are living. A will is only effective after you pass away. Thus, if your incapacity provisions are in a will they have no effect and don't serve any purpose.

Instead, make sure you have stand alone documents (a durable power of attorney, an advanced health care directive, and a hipaa form) that provide access and information to your loved ones in the event of incapacitation.

Review your documents every one to two years. If you have any concerns that your documents might need revision to adequately protect you, give the Law Office of Heather Miller a call. We would love to sit down with you, review your documents and give you peace of mind.