What Are the Most Important Legal Documents To Have?

The most important legal documents to have are those for incapacity planning, end-of-life care, and asset distribution upon death. Documents to have include a last will for an estate executor, a power of attorney for legal authority to manage your affairs, a healthcare directive for medical decisions, and beneficiary designations for your surviving dependents. Talk to a lawyer to make sure you have the legal protections to secure assets for your family, manage the probate process, and appoint an agent with a fiduciary duty to carry out your wishes.

Five Must-Have Legal Documents

Major life events from marriage to end-of-life care have legal dimensions. Learn about the five legal documents that can help you prepare for them and getting legal help.

1. Your Last Will and Testament

Many attorneys place a will at the top of their list of essential documents.

Anyone with real estate or other property, minor children, or assets needs a will. In the document, you will appoint a personal representative (also called an executor) to oversee the distribution of your assets to named beneficiaries per the will’s instructions. Living trusts and other estate planning documents can also be used to avoid probate court.

2. Living Will/Healthcare Directive

An advance healthcare directive allows you to dictate in advance what type of medical treatment you do (and do not) wish to receive should you become incapacitated.

3. Durable Power of Attorney (POA)

The POA document gives a person you choose the authority to represent you in legal, financial, or medical decisions should you become incapacitated.

4. Babysitter Authorization

Parents who regularly leave children with a care provider or family member should have a lawyer prepare an authorization form giving the caretaker power to authorize emergency care for the child in the parent’s absence. “With the advent of HIPPA and medical malpractice suits, doctors and hospitals are reluctant to treat children in the absence of their parents,” says Michigan family law attorney Henry Baskin.

5. Prenuptial Agreement

By the time many individuals get married, they have probably accumulated assets. If so, Baskin advises them to have a lawyer prepare a prenup to minimize acrimony in case of a divorce.

Get a Top Litigator in Your Corner

For any litigation-related matters, the Super Lawyers directory contains the top, most proven litigators in your area who can protect your rights and interests.

Find a lawyer today

Find Legal Help

If you’d like to have one or more of these important legal documents, seek legal advice from an experienced attorney at a law firm in your area. For more information on the role of an attorney, see our general litigation overview and related legal content.