By Lisa Glauber Shippel, Esq.
Always Appoint a Backup: A Critical Step in Estate Planning
When you create a Will, Trust, Power of Attorney, or Health Care Directive, you name someone you trust to carry out your wishes. But what happens if that person becomes unable or unwilling to serve?
If there’s no backup in place, your document may be useless. In fact, without a named alternate, your family may be forced to petition the probate court to appoint a guardian or conservator, or maybe there will be arguing about who will be the Executor; all of this may cause delay, expense, and stress during a time when decisions may need to be made quickly.
We guide our clients through not just the “who” but also the “what if.” This is where professional planning makes a real difference.
Why Backups Matter in Key Documents
- Wills:
Your Will names an Executor. Without a backup, your estate could stall if your chosen Executor can’t serve. - Trusts:
Your Trust designates a Trustee. Naming a successor ensures your assets remain managed and distributed according to your wishes. - Financial Power of Attorney (POA):
This authorizes someone to handle your finances. Without an alternate, if your first choice becomes unavailable, nobody has legal authority to act until the court intervenes. - Health Care Directive:
This appoints someone to make medical decisions. If that person is unavailable, your family could face confusion, conflict, or delays in care.
How We Help You Plan Ahead
When you work with our office, we’ll help you:
- Choose your first-choice fiduciaries wisely (Executors, Trustees, Agents).
- Identify appropriate backups who can step in seamlessly.
- Ensure your documents meet Georgia’s legal requirements with witnesses and notarization.
- Think through the “what if” scenarios most people overlook.
This ensures your plan works when you and your family need it most.
FAQs
How many backups should I name?
At least one, sometimes two, depending on the role and your family situation.
Can my spouse and child both be listed?
Yes, you can name them in order of priority. For example: Spouse first, child as alternate.
What if my backup lives in another state?
That’s fine. In Georgia, out-of-state Executors or Agents are permitted, but local availability can be helpful.
Protect Your Plan with a Backup
Don’t let your estate plan fail because a fiduciary is unavailable. Lisa Shippel Law helps you build a plan with the right primary AND backup decision-makers.