Estate Planning – Making Changes due to COVID

Martin Shenkman of Shenkman Law explains the changes to make to your estate plan because of COVID-19.

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Key Takeaways

  • If COVID-19 has changed your priorities regarding wealth distribution to children or charitable giving, you must legally modify your estate planning documents—thinking about changes or writing notes alone has no legal effect
  • Adult children over 18 require a power of attorney for financial matters and a healthcare proxy signed by them, not you, since you lose legal authority to make decisions or access accounts once they turn 18
  • Replace springing powers of attorney (triggered only when disabled) with immediate powers of attorney, because proving disability requires difficult-to-obtain medical provider documentation and creates legal barriers; if you don't trust someone now, don't name them as agent
  • Every adult needs basic estate planning documents including a power of attorney for financial matters and healthcare proxy to handle bills, taxes, and medical decisions if you're hospitalized, on vacation, or incapacitated
  • If using online estate planning services due to cost, educate yourself first by watching a 30-60 minute webinar about the specific document type before filling out forms, rather than jumping directly into the form like 'driving without driver's ed'

Martin Shenkman of Shenkman Law explains the changes to make to your estate plan because of COVID-19.

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