Estate planning documents: what you need and what each one does
The short answer
Most people in their sixties need a will, often a revocable living trust with a pour-over will, a durable financial power of attorney, a medical power of attorney and a health care directive. A POLST is added later, with serious illness. Every one of these documents names a person who must be willing and able to act.
You may already have a will in a drawer. Maybe you signed it years ago, when life looked different. Now you are wondering what else you need, and whether the pieces actually fit together.
This guide walks through each estate planning document in turn: what it does, when it starts working, and who it asks to act. It also links to every post in our Documents series, so you can go deeper on the one you are thinking about today.
The short version: seven documents, three moments
Estate planning documents cover three different moments. There is now, while you are well.
There is the stretch when you might be in the hospital and unable to speak. And there is after you die.
Each document works in only one or two of those moments. That is why one document is never the whole plan.
| Document | What it does | When it works | Who it names |
|---|---|---|---|
| Will | Says who receives what passes through probate | After death | An executor (in Washington, a "personal representative") |
| Revocable living trust | Holds assets you move into it, managed by a trustee | Now, during incapacity, and after death | A successor trustee |
| Pour-over will | Sends anything left outside the trust into it | After death | An executor |
| Durable financial power of attorney | Lets someone handle money, bills and property for you | Now or on incapacity, until death | A financial agent |
| Medical power of attorney | Lets someone make health care decisions for you | When you can't decide for yourself | A health care agent |
| Advance directive (living will) | Records your wishes about life-sustaining treatment | When you can't speak, in specific medical situations | No agent of its own; it guides your health care agent |
| POLST | Turns treatment wishes into medical orders | With serious illness, in any care setting | Signed by you and your clinician |
The rules for signing each one vary by state. We use Washington as the worked example throughout, with the statute cited, because that is where Kinly's trust company is chartered.
What does a will do?
A will says who receives your property at your death, and it names the person who will carry that out. In Washington, any person of sound mind who is at least 18 can make one (RCW 11.12.010).
To be valid in Washington, a will must be in writing, signed by you, and signed by two or more competent witnesses (RCW 11.12.020). Other states have their own signing rules, so a will is always drafted for the state you live in.
The person a will names to settle your estate is the executor. Washington law uses the term "personal representative" for the role, and "executor" for a personal representative appointed by a will (RCW 11.02.005).
What a will doesn't control
A will speaks only to what passes through probate, the court-supervised process for settling an estate. Many assets pass another way. Washington calls these "nonprobate assets." The list includes survivorship joint accounts, payable-on-death accounts, transfer on death deeds, individual retirement accounts (IRAs) and trust assets (RCW 11.02.005).
That is why the beneficiary forms at your bank and retirement plan matter as much as the will itself. A will also says nothing about the years before death: who pays your bills in March, or who decides about surgery.
What does a revocable living trust do?
A revocable living trust is a document that holds property for your benefit.
You usually serve as your own trustee while you are well. A successor trustee takes over if you can't manage, or after you die. Our post on what a living trust is explains the mechanics.
"Revocable" means you can change it or cancel it. In Washington, a trust can be revoked or amended only if its terms expressly say it is revocable (RCW 11.103.030). A well-drafted revocable trust says so clearly.
A trust controls only what you actually move into it: the house deed retitled, the brokerage account renamed. In Washington, assets in a trust that becomes irrevocable at death are nonprobate assets (RCW 11.02.005). So the successor trustee can distribute them without a probate case.
The person who takes over is the trustee. A trustee is a fiduciary, which means legally required to act in your interest and follow what you wrote. You can read more in our post on what a fiduciary is.
Why a pour-over will goes with a trust
Even careful people leave something outside the trust. A car, a new bank account, a refund that arrives after death. A pour-over will catches those leftovers and sends them into the trust.
Washington law expressly allows a will to leave property to a separate trust. That works even if the trust is revocable and was amended later (RCW 11.12.250). The property then follows the trust's terms.
One catch: anything that passes under a pour-over will usually still goes through probate first. So the pour-over will is a safety net, not a substitute for funding the trust.
What does a durable financial power of attorney do?
A financial power of attorney lets someone you choose (your agent) handle money matters for you. Paying the electric bill, talking to the bank, filing a tax return, selling the car if needed. Our post on what a power of attorney does covers the limits.
"Durable" means it keeps working if you lose capacity, which is exactly when you need it. In Washington, a power of attorney ends at incapacity unless it says it should continue. The statute gives this example: "This power of attorney shall not be affected by disability of the principal" (RCW 11.125.040).
In Washington, a power of attorney takes effect when signed, unless it names a future date or event (RCW 11.125.090). It must be signed, dated, and either notarized or witnessed by two people. The witnesses can't be related to you or your agent, or be your care providers (RCW 11.125.050).
A financial power of attorney ends at death. After that, the executor and trustee take over.
What does a medical power of attorney do?
A medical power of attorney (also called a health care power of attorney) names someone to make health care decisions when you can't. In Washington, an agent with general health care authority can see your medical records and give informed consent on your behalf (RCW 11.125.400).
That same section bars your doctors and their staff from serving as your agent. The same goes for staff where you live or receive care, unless they are a close relative (RCW 11.125.400).
What happens without one
Washington has a list of who can consent for an adult patient who can't decide. A court-appointed guardian comes first, then your agent under a durable power of attorney for health care. Next come a spouse or registered domestic partner, adult children, parents, adult siblings and more distant relatives (RCW 7.70.065).
A close friend appears at the very end of that list.
The friend must sign a sworn declaration, and only counts if the relatives above aren't available (RCW 7.70.065). Signing a medical power of attorney puts the person you actually trust at the front of the line. Other states use different lists, so check yours.
What is an advance directive, or living will?
An advance directive writes down your wishes about treatment at the end of life. Washington's version is called a health care directive, under the Natural Death Act. People often call it a living will.
In Washington, any adult may sign a directive about life-sustaining treatment. It applies in a terminal condition or a permanent unconscious condition (RCW 70.122.030). The statutory form also asks whether you want artificially provided nutrition and hydration in those conditions.
The directive must be notarized or signed before two witnesses. The witnesses can't be relatives, heirs, your doctor, or employees of your doctor or care facility (RCW 70.122.030). It becomes part of your medical record.
A living will speaks for you in a few specific situations. A medical power of attorney covers everything else. That is why our post on health care power of attorney vs living will says you probably want both.
What is a POLST?
POLST stands for Portable Orders for Life-Sustaining Treatment. It is a medical order form, not a legal document you sign at a lawyer's office. The Washington State Medical Association says it is designed for people who are seriously ill or in very poor health (WSMA).
A POLST is filled out with a physician, nurse practitioner or physician assistant, and signed by both you and that clinician (WSMA). It is meant to travel with you from one care setting to another (Washington State Department of Health).
WSMA says a POLST complements an advance directive and is not meant to replace it (WSMA). Most healthy people in their sixties don't need one yet. POLST programs differ by state in name and form.
How the documents fit together
Think of the documents as a relay. Each one hands the work to the next at a particular moment.
- While you are well. You manage your own life. If you have a trust, you are usually its trustee. Your financial power of attorney may already be in effect, sitting quietly on file.
- If you are in the hospital and can't speak. Your health care agent talks with the doctors, guided by your advance directive. Your financial agent pays the mortgage and keeps the lights on. If you have a trust, your successor trustee can manage what is in it.
- With serious illness. A POLST, signed with your clinician, tells emergency and hospital staff what treatment you want.
- After you die. Both powers of attorney end. Your successor trustee distributes trust assets. Your executor settles anything that must pass through probate, and the pour-over will moves leftovers into the trust.
The gaps are where trouble starts. A will with no power of attorney leaves the hospital months uncovered. A trust that was never funded leaves the house in probate anyway.
Every document names a person who must actually act
This is the part most checklists skip. Each of these documents is a set of instructions addressed to a person. If that person can't show up, the paper just sits there.
| Role | What the job actually asks |
|---|---|
| Health care agent | Answering the hospital's call at 2 a.m., meeting doctors, making hard decisions under stress |
| Financial agent | Paying bills on time, dealing with banks, keeping records |
| Successor trustee | Managing and distributing trust property, following the trust's terms to the letter |
| Executor | Opening probate, notifying heirs and creditors, paying debts and taxes, distributing what's left |
So the real question for each role is practical. Will this person be reachable?
Will they be willing? Will they still be able to do it in fifteen or twenty years?
Here is a typical case, a composite: a woman of 67 names her younger brother in all four roles.
He is 64, lives two states away and has his own health to manage. On paper the plan is complete. In practice it depends on one person who is aging on the same schedule she is.
That is why a backup in every role matters, and why our post on naming a backup in every role is worth reading next. Some people name a sister first and a professional second. Some name a trust company first.
Kinly includes four documents written for your state: a will, a revocable trust, and medical and financial powers of attorney. Trella Trust Company, a Washington State chartered trust company, can be named in any of the four roles.
It can serve first, or as backup to the people you choose. You can read how it works.
For a full look at choosing the people, see our guide to the four roles in every estate plan. If you are not sure who would decide for you today, start with who decides when you can't.
A quick checklist
- A will, signed and witnessed under your state's rules, naming an executor and a backup.
- A revocable living trust, if it fits your situation, with the house and accounts actually retitled into it.
- A pour-over will to go with the trust.
- A durable financial power of attorney with durability language.
- A medical power of attorney naming a health care agent and a backup.
- An advance directive stating your treatment wishes.
- Beneficiary forms on retirement and bank accounts that match the plan.
- A POLST, if and when your clinician recommends one.
- A note of where the originals are, and who has copies.
Every post in this guide
Here is each post in the Documents series, with a line on what it answers.
Getting started
Estate planning checklist. A step-by-step list for someone in their sixties: the documents, the beneficiary forms, the conversations and the paperwork to gather. Start here if you want a list to work through.
Digital estate planning. Passwords, online accounts, photos and email. It covers how to make sure the right person can reach your digital life, and what to leave out of a will.
Wills and trusts
What is a living trust? How a revocable living trust works, from signing to funding to what the successor trustee does. It explains in plain terms why a trust can keep assets out of probate.
Do I need a trust? Not everyone does. This post walks through when a trust earns its keep and when a will is enough. It uses a common case: a home and a retirement account.
Will vs trust: which one do you need? A side-by-side look at what each document controls, what each costs to settle, and how privacy differs. It ends with a table to help you decide.
Revocable vs irrevocable trust. The difference between a trust you can change and one you generally can't. It covers why most estate plans start with a revocable trust.
What is a pour-over will? Why you still need a will when you have a trust, and what happens to property left outside it.
Health care documents
What is an advance directive? What goes in an advance directive and how it differs from a medical power of attorney. It also covers how to make sure your doctors see it.
POLST vs advance directive vs DNR. Three documents that often get confused. This post explains who each one is for and when a POLST or do-not-resuscitate order comes into the picture.
Powers of attorney
How to get power of attorney. The practical steps to set up a power of attorney: choosing the agent, signing it correctly, and getting banks to accept it.
What it costs
How much does a will cost? What drives the price of a will from a lawyer or online, and what you get at each level.
How much does a living trust cost? The cost of setting up a trust, plus the often-forgotten work of funding it.
Estate planning attorney cost. How estate planning lawyers charge (flat fee or hourly), and what a full plan usually includes.
Online options
Online wills: what they cover and what they leave out. Where online will services do a good job, and the gaps they leave, especially around who acts on the documents.
Trust & Will, LegalZoom and Kinly: an honest comparison. An honest look at document services versus a membership that also names someone to act.
Common questions
What estate planning documents does a 60-year-old need?
Most people in their sixties need a will, a durable financial power of attorney, a medical power of attorney and an advance directive. Many also benefit from a revocable living trust with a pour-over will, especially if they own a home. A POLST comes later, with serious illness.
Is a living will the same as a medical power of attorney?
No. A living will (in Washington, a health care directive) records your wishes about life-sustaining treatment in specific situations. A medical power of attorney names a person to make health care decisions for you in any situation where you can't. Most people benefit from both.
Does a will avoid probate?
No. A will is the document probate carries out. Assets with a named beneficiary, joint accounts with survivorship rights and property in a trust pass outside probate. A revocable living trust that is actually funded is the common way to keep most assets out of court.
Does a power of attorney still work after I die?
No. A power of attorney ends at death. After that, your executor handles anything that passes through probate, and your successor trustee handles what is in your trust.
Do I need a lawyer to sign these documents?
It depends on the document and the state. Washington requires two witnesses for a will and either a notary or two qualified witnesses for a power of attorney or health care directive. What matters most is that each one is drafted and signed under your state's rules.
Sources
- RCW 11.12.010: Who may make a will (Washington State Legislature)
- RCW 11.12.020: Requisites of wills (Washington State Legislature)
- RCW 11.12.250: Gift to trust (Washington State Legislature)
- RCW 11.02.005: Definitions, including executor and nonprobate asset (Washington State Legislature)
- RCW 11.103.030: Revocation or amendment of trusts (Washington State Legislature)
- RCW 11.125.040: Power of attorney, termination (Washington State Legislature)
- RCW 11.125.050: Power of attorney, requirements (Washington State Legislature)
- RCW 11.125.090: Power of attorney, when effective (Washington State Legislature)
- RCW 11.125.400: Agent authority, health care (Washington State Legislature)
- RCW 7.70.065: Persons authorized to consent for patients without capacity (Washington State Legislature)
- RCW 70.122.030: Health care directive (Washington State Legislature)
- POLST (Washington State Medical Association)
- Portable Orders for Life-Sustaining Treatment (Washington State Department of Health)
This page is general information, not legal or financial advice. Laws vary by state.