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Most of our planning it revolves around trust base planning. So there’s a joint trust for a couple or an individual trust for an individual. And then, there’s a will that we call a pour over will because it pours over the assets into the trust so that everything is controlled in one place. And then, most importantly we do powers of attorney. In Arizona we use financial powers of attorney and we use a healthcare power of attorney that’s a combination form for health and for mental health provisions. And then, we always do a living will for our clients. I think only twice in over 20 years has somebody not wanted a living will and we have a conversation what is that and they say yeah, I want that.
The powers of attorney and particularly the healthcare power probably more important than the will and the trust for most people.
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Phoenix, AZ estate planning attorney Mark A. Bregman talks about the types of documents he usually prepares when doing an estate plan. He shares that most of his planning work centers on trust-based structures. For couples, this often involves a joint trust, while individuals typically establish an individual trust. These trusts are paired with a “pour-over” will, designed to transfer any remaining assets into the trust so that all assets are managed in a single, centralized structure.
Equally important are powers of attorney. In Arizona, he prepares both financial powers of attorney and a healthcare power of attorney, which combines provisions for medical and mental health decisions. He also ensures that clients have a living will, noting that in more than 20 years of practice, only on rare occasions have clients declined one—typically only until they fully understand its purpose and value.
He emphasizes that, for most people, powers of attorney—particularly healthcare powers—are often even more critical than the will or trust itself.
