Which paper does what: power of attorney, will, trust and the rest

The line

While you are alive, you can lend your authority to someone: they act in your name. When you die there is no longer a you to act for, so that loan ends. What happens next is decided by papers that name who receives things and who is in charge of handing them over.

While you are alive but cannot act

• A durable general power of attorney. Names an agent who can deal with your money and property: pay bills, talk to the bank, sell a car, sign a lease. "Durable" means it keeps working if you lose the ability to decide. It can be as broad as you like. It ends the moment you die.
• A health care directive. Names who speaks to doctors for you and records what treatment you would want. It usually includes permission for that person to see your medical records.

After you die

• A will. Says who receives what you own, names an executor to carry it out, and names a guardian for children under 18. In many cases it goes through a court before anyone can act on it.
• Beneficiary names. Life insurance, retirement accounts and most bank and brokerage accounts let you name who is paid. That person is paid directly, usually within weeks, with no court. A life insurance policy pays whoever the policy names, whatever your will says. See payable on death.
• A living trust. You move things into the trust while you are alive and stay in charge of them. At your death the person you named takes over and passes them on without a court, in private. It only covers what you actually moved into it. Because that person can also step in if you become unable to manage, a trust works on both sides of the line.
• Joint ownership. What you own jointly with a right of survivorship passes to the other owner.

Helpful on either side

• A digital assets authorisation. Tells email, photo and social media companies in writing that your agent or executor may have your content. Many will release nothing without it.
• A letter of instruction. Not a legal document at all: a plain letter saying what to do first and where things are.
• A sealed list of what exists and how to get into it. This is what a SuddenGone envelope is. It gives people information. The papers above give them the right to act on it.

Matching the wish to the paper

• "Someone should pay my bills if I am in hospital." A durable power of attorney.
• "Someone should decide my treatment if I cannot." A health care directive.
• "My partner should get the life insurance." Name them on the policy itself.
• "My daughter should get the savings quickly." A beneficiary name on the account.
• "The house should pass without a court." A living trust, with the house moved into it, or a transfer-on-death deed where your state offers one.
• "My sister should raise the children." A will.
• "Everything else goes to these three people." A will.

Making them yourself, and making them count

You can write each of these yourself, with a form from your state, with a kit, with an AI tool or by answering questions in your SuddenGone account. However it is written, a document counts only once it is signed the way your state or country requires. Good wording that was never signed properly is worth nothing.

• A will usually needs your signature and two adult witnesses who are left nothing in it, all signing together.
• A power of attorney usually needs a notary, and sometimes witnesses as well. Some banks also ask for their own form.
• A health care directive usually needs two witnesses or a notary.
• A living trust is usually notarised, and a house only joins it through a new deed.

Check the rule where you live before you sign; your state's court or attorney general website usually spells it out. A notary can be found at most banks and shipping shops, and in many places online. Then tell the people you named, and write down where each signed original is kept.