Another important consideration when deciding whether to update an estate is the client’s current financial situation. Often times when an estate plan is out of date, the client may now be in a very different financial situation. It would be important to update the estate plan to include any financial changes that may have occurred in order to avoid any new assets being sent through the probate process. Also, some financial institutions do not accept power of attorney documents that are “stale” or of a certain age. While the document is still technically legally binding, some institutions have internal policies that outline how old a power of attorney can be for them to accept it. Additionally, some healthcare providers are reluctant to accept old health care proxies because they want to make sure that the person being cared for is receiving the care they intended to receive. Updating these documents is important for clients with estate plans that are outdated.
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