FAQ: Do my children need estate planning documents?
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An important part of estate planning is ensuring that someone can make financial and medical decisions in case of disability. This is usually accomplished by executing a Financial Power of Attorney and Advance Medical Directive (or similar document, such as a health care proxy or living will). Without these documents, a family member may need to go to court to be named as legal guardian for a disabled individual; this guardianship is generally not an optimal result due to the court supervision, legal fees and other hassles involved.
Obviously, the parents may make financial and medical decisions for a minor child. Many parents are surprised to learn that once a child reaches the age of 18, they no longer may make these decisions for the child. Thus, while this is not something a young adult may want to think about, it is important to execute a Financial Power of Attorney and Advance Medical Directive to give decision making authority to someone else in case of disability.