This is a personal choice and may vary from client to client. Generally, clients feel comfortable providing copies of their documents as follows:
Wills:
clients notify their executors/personal representatives where to find the wills, if and when needed.
Trusts:
clients provide copies of their revocable trusts to any currently acting trustees, but successor trustees are told where to find it, if and when needed.
Healthcare documents:
Since the doctor will look to you to make your own decisions where you can, clients are often comfortable immediately providing copies to their:
- primary physician’s office; and
- individuals named in the documents.
Financial Power of Attorney:
Clients’ preferences vary widely on this document depending on their overall intentions and how the document is drafted. There are two general ways to grant an agent authority to act:
- Springing powers: some Financial Powers of Attorney are drafted to provide authority for the agent to act only upon the occurrence of some event, commonly a finding of incapacity. Copies of these documents are more commonly provided to the agent(s) named on the document.
- Immediate powers: many Financial Powers of Attorney are drafted to provide an immediate ability for the agent to act on behalf of the client, even if the client is fully competent.
- Most married couples choose the immediate option to allow a spouse to act on his or her behalf without requiring a determination of incapacity.
- For non-spouse agents, clients commonly inform the agent that he or she was named but do not provide a copy of the document to them. Instead, the client will tell the agent where to find the document if it is needed.