The following are a list of the essential estate planning documents:  

• Last Will and Testament (will)-A will is a written direction controlling the disposition of probate assets at death. The laws of each state set the formal requirements for a legal will. A will must go through probate.
• Trust-There are various types of trusts. A trust may distribute only assets properly placed into the trust by funding the trust. Any property in trust escapes probate. 
• Power of Attorney-A Power of Attorney is a legal document delegating authority from one person to another. In the document, the maker of the Power of Attorney (the “principal”) grants the right to act on the maker’s behalf as their agent. What authority is granted depends on the specific language of the Power of Attorney. A person giving a Power of Attorney may make it very broad or may limit it to certain specific acts.  It is beneficial in incapacity as the courts look to it as the least restrictive means versus guardianship.  
• Designation of Health Care Surrogate–  It is a document naming another person as your representative to make medical decisions for you if you are unable to make them yourself.  You may include instructions about any treatment you do/do not desire.  You may also designate an alternate surrogate.  
• Living Will– It is a written document detailing medical care you do/do not desire if you become unable to make your own decisions.  
• Deed-Legal instrument which passes, affirms or confirms an interest or right in property. It must be signed, notarized, witnessed/attested, delivered and recorded. Certain deeds may be used to avoid probate when transferring real property. 

Attorney Johnson has conducted seminars for US Legal Services, Grassroots Consulting, Inc., Impact Broward’s Foster Grandparent Program, Kiwanis Club, Unity Primitive Baptist, Pentecostal Church of God and various other churches and non-profit organizations in the community. Please contact our office to schedule a seminar for your organization.