Estate planning isn't just for the wealthy. Every Pennsylvania adult should have basic documents in place to protect themselves and their loved ones. Here's what you need to know.
The Five Essential Documents
1. Last Will and Testament
A will is the foundation of any estate plan. In Pennsylvania, your will:
- Designates who receives your property
- Names a guardian for minor children
- Appoints an executor to manage your estate
- Can include trusts for beneficiaries
Pennsylvania Requirements: Your will must be in writing, signed by you, and witnessed by two people who won't inherit under the will. Notarization isn't required but is recommended.
2. Financial Power of Attorney
This document authorizes someone to manage your finances if you're unable to do so. Under Pennsylvania's 2015 Power of Attorney Act (20 Pa.C.S. § 5601):
- Must include specific statutory language
- Can be immediate or "springing" (taking effect upon incapacity)
- Should name alternate agents
- Requires notarization and two witnesses
3. Healthcare Power of Attorney
Also called a Healthcare Proxy, this names someone to make medical decisions when you can't. Choose someone who:
- Understands your values
- Can make difficult decisions under pressure
- Lives nearby (if possible)
- Is willing to serve
4. Living Will (Advance Directive)
A living will specifies your end-of-life treatment preferences. In Pennsylvania, you can address:
- Life-sustaining treatment preferences
- Artificial nutrition and hydration
- Pain management
- Organ donation wishes
5. HIPAA Authorization
This often-overlooked document allows healthcare providers to share your medical information with designated people. Without it, even your spouse may have difficulty accessing your records.
Common Mistakes to Avoid
Mistake 1: Assuming your spouse automatically gets everything Without a will, Pennsylvania's intestacy laws determine distribution, which may not match your wishes.
Mistake 2: Not updating documents after life changes Marriage, divorce, births, and deaths all warrant document reviews.
Mistake 3: Keeping documents in a safe deposit box Your family may not have access when needed. Keep originals in a fireproof safe at home and give copies to your agents.
Getting Started
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