Trust
A trust is a legal agreement between a Grantor and Trustee (who may be the same person) where the Grantor instructs the Trustee what to do with the assets transferred to the Trust. A trust will avoid probate, but only if it is properly funded, that is, all assets are transferred into the trust when it is opened or upon your decease. Besides avoiding probate, which can be costly and is a public record, a Trust allows you to hold funds for distribution if a beneficiary is young and state how/when the distributions should be made.
Durable General Power of Attorney
A Power of Attorney gives someone the ability (power) to do something on your behalf. It can be Limited – for one thing – or General – for many things. Durable means that it withstands one’s incapacity; Springing means it takes effect upon the happening of an event, like illness. A Durable General POA is what is often known as a financial power of attorney because it does just that: it allows someone to make any and all financial decisions for someone. The reason to do one is to avoid a guardianship in probate court in case you cannot make decisions, but it is important to realize that it is a powerful instrument and the person named must be both organized and trustworthy, with the latter – trustworthy – being the most important part.
Health Care Power of Attorney
A health care power of attorney is just that; you give someone the power to make health care decisions for you in the event that you are unable to do so yourself. It also restates the language in the living will saying that you choose not to be kept alive by artificial means or life supports. The Living Will and Health Care POA are known as Alternative Directives in the medical community.