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The Three Essential Estate Planning Documents Every Adult Over 18 Needs

Estate planning isn’t just for older adults; it’s crucial for anyone over the age of 18 to have these basic documents in place to protect their wishes and loved ones. Here are the three most important documents every adult should have:


1. Power of Attorney


A Power of Attorney (POA) is vital for ensuring that someone you trust can manage your financial and legal affairs if you become incapacitated. This document is especially important once you turn 18, as parents or guardians no longer have automatic access to your financial information or the ability to make decisions on your behalf. By designating a POA, you ensure that your financial matters, such as paying bills or managing property, are handled according to your wishes.


2. Advance Healthcare Directive


An Advance Healthcare Directive outlines your medical preferences in case you cannot communicate them yourself. It allows you to appoint a healthcare proxy to make decisions about your medical care, ensuring that your treatment aligns with your values and wishes. This document is crucial for everyone over 18, as it provides clarity and direction to healthcare providers and loved ones in emergencies.


3. Simple Will


A Simple Will is essential for designating how your assets will be distributed and for naming guardians for any minor children. Even if you don’t own significant assets, a will provides a clear plan for your belongings and can prevent potential disputes among family members. Without a will, state law determines how your assets are divided, which may not reflect your desires.


The Importance of a Living Trust in California


While the three documents above are critical for every adult, those who own real estate in California or have children under 30 should consider a Living Trust. A Living Trust allows your assets to pass to beneficiaries without going through probate, which can be a lengthy and expensive process in California. By setting up a Living Trust, you can ensure that your estate is managed privately and efficiently, and it allows you to specify how and when your assets are distributed to your heirs.


It’s important for everyone over the age of 18 to have these key estate planning documents in place: a Power of Attorney, an Advance Healthcare Directive, and a Simple Will. For those with significant assets or young children, a Living Trust offers additional benefits by avoiding probate and allowing for the controlled distribution of assets.

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