Access to Estate Planning Documents Is a Crucial Aspect of Disaster Preparedness

More than a year after Hurricane Helene and the massive floods that followed, life still has not returned to normal for many residents of western North Carolina. In all, the death toll from the storm and its aftermath exceeded 250. This tragedy underscores the fact that a natural disaster or other type of catastrophic event can occur at any time. Many people prepare for the unexpected by storing food or maintaining emergency energy sources. However, ensuring that your estate planning documents are in order and accessible is another aspect of responsible preparation. 

If you are incapacitated during a significant weather event or some other incident where it is impossible to reach your home safely, it is important to have a healthcare proxy at another location. Many people designate their spouse or another member of their household as their agent. When this is the case, it could be useful to designate a contingent beneficiary who lives somewhere else, and leave a copy of the proxy with them. Establishing multiple methods of access is also important for other types of advance directives, including living wills.

Keeping digital records of wills, trusts, advance medical directives and other key papers, such as property deeds, is a possible solution. You can scan signed documents into PDF files and store them in encrypted cloud storage protected with strong passwords and multi-factor authentication. Use a reputable password manager with an “emergency access” feature so a named trusted contact can retrieve necessary documents in the event of your death or incapacity. Will executors and trustees should also have copies of the signed instruments that they are to administer. 

Of course, before you develop a plan regarding preservation and access, it is vital to make sure that your estate plan is complete, valid and up to date. You should take the time to speak with a qualified trusts and estates attorney if key issues are not addressed, or if your intentions have changed since the time when you executed particular documents. Your lawyer can also keep a copy of your will, trust or any other legal instrument. Once everything is up to date, you can store the originals in a fireproof safe or safety deposit box, with copies in a “go bag” in case you need to depart your home suddenly. 

Donald R. Fuller, Jr., PLLC in Hickory handles all aspects of estate planning for North Carolina clients. I enjoy working with individuals and families so that they have the security of knowing that an enforceable program is in place regardless of the circumstances. Please call 828-639-8188 or contact me online to schedule an appointment.