Dear Liz: Your response about finding trust documents was very helpful. It reinforces that people need to provide copies to their loved ones in case they become incapacitated and the originals are lost or can’t be found.
People seem to complete these documents and assume they will never get dementia or become physically unable to care for themselves. Assume the best, prepare for the worst.
Answer: Even people who understand the risks may downplay them, procrastinate or not feel comfortable sharing copies yet. That makes it even more important to review estate planning documents with an attorney every three to five years and after any major life change.
These check-ins can help ensure your documents reflect current laws, beneficiaries and financial circumstances. They also mean your attorney may have a relatively recent copy if your originals go missing.
Attorneys typically aren’t required to retain copies, but many do, especially since scanning technology became common, says Jennifer Sawday, an estate planning attorney in Long Beach. Solo practitioners and smaller firms may not have the storage capacity to keep every document indefinitely, she adds.
In any case, an attorney’s copy is definitely Plan B. Plan A is to store the originals somewhere secure, such as a fireproof home safe, and make sure the right people know where to find them when the time comes.
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