Where to Find Your Estate Planning Documents in an Emergency
Most people don’t think about estate planning until they need it. Maybe a loved one is hospitalized or has passed away, and the family is trying to figure out what they owned, what they wanted, and where important documents are.
In her latest segment on WGNY with Sunny Joe, Megan Conroy explains why estate planning isn’t just about what happens after death — and why knowing where to find your documents is as important as having them in place.
The Lifetime Documents You Need in a Crisis
If someone is hospitalized, incapacitated, or experiencing mental decline, the documents to look for are those that can guide decisions while that person is alive:
- Healthcare proxy: Names the person who can make healthcare decisions if you cannot make them yourself.
- Living will: Communicates your wishes regarding certain medical decisions and end-of-life care.
- Durable power of attorney: Identifies someone to manage financial matters on their behalf while they are alive.
What If Someone Has a Living Trust?
Knowing a person has a trust is part of the puzzle. You also need to find the trust instrument itself.
Megan says a good place to start locating assets is with bank statements, mail, emails, deeds, life insurance policies, tax records, and other financial information. If those records indicate that an asset is owned by a trust, the trust document may provide instructions about who manages those assets and how they should be handled during the trustmaker’s life and after death.
Where to Store Your Documents (And Why to Avoid Safe Deposit Boxes)
Having the right documents isn’t enough if no one can find them when they’re needed. Megan recommends keeping paperwork somewhere safe, organized, and accessible to those who may need it. A secure location in your home can work — avoid places vulnerable to flooding.
Safe-deposit boxes can be useful for jewelry and physical heirlooms, but they may create accessibility problems when family members need legal documents during an emergency. Depending on the circumstances, accessing a box after the death or incapacity of a key holder can require additional steps and cause delays.
Who Needs to Call—and When?
Estate planning is appropriate for every adult, but certain stages of life are especially good reminders to make sure your documents are in place:
- Young Adults (18+ / College Bound): Once a child turns 18, parents lose automatic legal access to their medical and financial records. A POA and Healthcare Proxy are essential before they head off to campus.
- Major Life Milestones: Marriage, having children (appointing guardians for minors), or caring for dependents with special needs.
- Retirement: Updating existing plans that may be 20 to 30 years old to account for long-term care and grandchildren.
What Happens If There Is No Plan?
Without an estate plan, state law determines who inherits and who may have authority to act on someone’s behalf. If someone becomes incapacitated without the documents in place, a court guardianship proceeding may be necessary.
That’s why Megan encourages people to plan ahead — and to make sure their loved ones know that a plan exists and where to find the documents.
🎧 Listen to the Full Interview
Tune in to the full WGNY segment as Megan walks through what families should look for during a medical or financial emergency, where important estate planning documents should be kept, and when it’s time to update a plan.
The Bottom Line
Estate planning isn’t just about what happens after you die. It’s about making sure the people you trust have the guidance and authority they need if you become incapacitated — and can find the documents that explain your wishes when they need them most.
Don’t leave your family guessing in a crisis. Contact Megan Conroy at Blustein, Shapiro, Frank & Barone, LLP to discuss whether your estate plan is prepared for the unexpected.