Picture the warmth of your Sunday family gatherings—the laughter of grandchildren playing in the yard, the aroma of your mother's cherished recipes filling the kitchen, and three generations joining hands in prayer before sharing a meal together. These precious moments reflect the values you've worked so hard to instill in your family.
As a San Diego estate planning lawyer and father himself, Mark Ignacio believes that creating a thoughtful estate plan is one of the most meaningful ways to demonstrate love for your family and faithful stewardship of God's blessings. His approach combines legal knowledge with a deep appreciation for faith-centered family values.
Don't leave your family's future to chance. Let's explore five essential estate planning documents that can protect your loved ones and ensure your legacy continues for generations to come.
Table of Contents
1. Last Will and Testament
A last will and testament serves as the foundation of your estate plan. This document allows you to specify how you want your assets distributed among your loved ones. Your will can also include instructions for charitable giving, allowing you to continue supporting your church and other meaningful causes even after you're gone.
Without a will, California law determines how your assets are divided according to the laws of intestate succession. This may not align with your wishes or values. For example, you may want to leave specific religious artifacts or family heirlooms to certain children who share your deep faith.
If needed, your will allows you to name guardians for minor children. We recommend that you select a guardian who shares your faith, has a strong relationship with your children, and is committed to raising them in a way that reflects your wishes.
2. Living Trust
A living trust provides additional benefits beyond what a will offers alone. Assets placed in trust avoid probate, keeping your family's affairs private and reducing costs. You maintain control of assets during your lifetime while establishing clear instructions for their management and distribution after your passing. This can be especially important for family businesses or investment properties.
A trust can also protect inheritances from creditors or ensure assets are used according to your values. For example, you might specify that distributions support a grandchild's Christian education.
3. Advance Health Care Directive
An advance health care directive, also called a living will, outlines your wishes for medical care if you become incapacitated. This document can specify treatments you do or don't want based on your religious beliefs. The directive can address specific scenarios like organ donation or life support, ensuring decisions align with your spiritual convictions.
Having an advance health care directive in place prevents your loved ones from being forced to make decisions without a clear understanding of your preferences. When emotions are running high, it provides the comfort of knowing they are respecting your wishes.
4. Durable Power of Attorney
A durable power of attorney designates someone to handle your financial matters if you become unable to do so. This person can pay bills, manage investments, and make other financial decisions. The power of attorney can be customized to grant broad or limited authority based on your comfort level and circumstances.
We recommend that you choose an agent who demonstrates strong moral character and financial responsibility. Many of our clients name a family member who shares their values regarding charitable giving and stewardship, but you could also select a close friend or a neutral third party if desired.
5. HIPAA Authorization Form
A Health Insurance Portability and Accountability Act (HIPAA) authorization form allows designated family members to receive information about your medical condition. This becomes crucial if health issues arise unexpectedly. You can name multiple family members to receive updates, ensuring clear communication during medical situations.
HIPAA authorization forms should be filled out for each family member—and they are particularly important if you have a child away at college. Many parents don’t realize that they no longer have automatic access to their son or daughter’s medical records after they turn 18. If your child was in a car accident or suddenly became ill, a HIPAA authorization would allow you to continue to advocate for their best interests.