Your last will and testament is just one part of a comprehensive estate plan. If a person dies without a will they are said to have died “intestate” and state law will determine how and to whom the person’s assets will be distributed. When a person dies with a will, they have more control and certainty regarding their assets after their death.

A power of attorney is a legal document giving another person the ability to stand in your place in the event you are temporarily or permanently incapacitated, but not deceased. The scope of those powers depend on the terms of the document. A power of attorney may be very broad or very limited and specific. Powers of Attorney should be frequently updated because banks and other financial institutions may hesitate to honor a power of attorney that is more than a year old.

A living will, or advance directive, is a document that specifies the type of medical care you would want should you lose the ability to make and communicate your own decisions, such as whether you wish to receive artificial food or hydration. Any adult in Kentucky may execute an advance directive, and this document is legally binding. Your advance directive can specify who will make and communicate decisions for you, and it can set out the circumstances under which you would not like your life to be prolonged if, for example, you were in a coma with no reasonable chance of recovery.