Arizona Estate Planning Attorney

Who Should Make Decisions for Me if I Die or Become Disabled?

A major consideration in estate planning is who you should choose to make decisions for you. The critical questions everyone must answer in creating an estate plan are:

1. Who should manage my property if I die or become disabled? Under my will? Under my Trust? Under my Financial Power of Attorney?


2. Who should make healthcare decisions for me if I become disabled? Under my healthcare Power of Attorney?


3. Who should care for my minor children if I die or become disabled?

Here are some issues you should think about in deciding who should fill each role.

1. Nominate the same person to fill the same role to avoid conflicts of interest. For example, some people unknowingly create problems when they nominate different persons to serve as a personal representative of an estate and trustee of a trust. If you have this problem, talk to us about possible alternatives.


2. Decide whether you want an individual, professional, or company to fill each role. There are pros and cons to each. We can discuss what situation best fits your needs.


3. Try to nominate someone who is familiar with the role you are asking them to fill, and let them know ahead of time.


4. Consider separating financial control from physical custody of your children. That arrangement provides a good check and balance. We’ll help you decide if that is the right choice for you.


5. Don’t worry about whether someone will be offended if they are not nominated to fill a role. Nominate the person you think would do the best job for each role.

Estate Planning is all about planning now so that you can have peace of mind. Using these principles with the help of competent counsel will relieve your loved ones of much pain and anguish. Please contact our estate planning attorneys at 480-833-1113 to walk you through these issues.