Estate Planning Season Is Here — Are Your Documents Ready?

May is National Estate Planning Awareness Month, and every year I have some version of the same conversation.

A family calls in a panic. Their parent usually in their 70s, sometimes younger, has just received a difficult diagnosis, or has had a sudden decline. And the family is realizing that the documents they thought were "taken care of" either don't exist, haven't been updated in 20 years, or aren't legally valid in New York.

They're not careless people. They just didn't know.

So this month, I want to share a few things I've learned from doing this work every day in NYC — things I wish more families knew before a crisis made them urgent.

📋 The 4 documents every adult in New York should have

1. Durable Power of Attorney

This authorizes someone you trust to manage your financial affairs if you become unable to do so. In New York, the law changed significantly in 2021, if yours is older than that, it may not be accepted by banks and financial institutions. An elder law or estate planning attorney can review it.

2. Healthcare Proxy

This designates someone to make medical decisions on your behalf if you're incapacitated. Without it, doctors and hospitals must follow strict default protocols and family members may not agree on what to do.

3. Advance Healthcare Directive (Living Will)

This documents your specific wishes about end-of-life care, resuscitation, life support, and other medical decisions. It takes the burden off your loved ones and gives medical staff clear guidance.

4. Last Will & Testament

This determines how your assets are distributed and critically for parents who becomes the guardian of your minor children. In New York, dying without a will ("intestate") means the state decides how your estate is divided.

⏰ The thing about timing

All four of these documents require the person signing them to be mentally competent at the time of signing. That's why "we'll do it eventually" can turn into "it's too late."

A Power of Attorney cannot be executed after someone has lost cognitive capacity. At that point, the family's only option is a court-supervised guardianship proceeding, which is expensive, time-consuming, and emotionally draining.

The right time to do these documents is before you need them.

📚 A resource worth bookmarking

If you're not sure where to start with estate planning, the NY State Bar Association's Trusts & Estates section maintains a directory of attorneys who specialize in this area. NAELA (National Academy of Elder Law Attorneys) is also a trusted resource for finding elder law attorneys in New York.

You don't have to navigate this alone, and the paperwork, when the time comes, doesn't have to be the hard part.

Warmly,

Jessica Clairvil

J3 Mobile Notary

📞 929-492-2282 | www.j3mobilenotary.com

Queens, NY — Serving All 5 Boroughs + Nassau County