Creating legal documents
Summary
Creating legal documents is a central part of estate and end-of-life planning. Documents such as trusts are only valid if they are drawn up by a lawyer or attorney, and a lawyer’s involvement is recommended in the creation of other documents. This article explains which documents require or benefit from a lawyer’s involvement and the two main options for getting them created.
Which documents need or benefit from a lawyer’s involvement?
Within an estate or end-of-life plan, some documents are usually or always created by lawyers, some need to be signed by a notary, and some can be created without the involvement of any professional.
The most common documents where someone might seek a lawyer’s involvement are:
- Trusts. All trusts, including revocable living trusts, must be created by a lawyer. A trust is a legal entity that can own assets, just like a person. Shifting ownership of money and other assets to different kinds of trusts is one of the main ways estate planners maximize wealth, minimize taxes, and control the way assets are managed and distributed.
- Advance directives. These are end-of-life documents that instruct health care professionals and caregivers to provide or withhold specific types of medical treatment and care. They do not always require an attorney’s involvement. Different states and organizations include different types of documents under the term “advance directives.” In some states, medical power of attorney and financial power of attorney need to be notarized, and in all cases experts recommend that anyone with a complex situation get legal advice from an attorney.
- Last will and testament documents. These do not need to be created by a lawyer, though some states require a notary to sign. However, experts advise anyone with a complex financial or legal situation to have their will reviewed by an attorney.
- Living will. In these legally binding documents, a person writes out their wishes for care and treatment if they lose the ability to make or communicate decisions for themselves; these documents serve to guide caregivers and health care professionals. Some states require a living will to be notarized.1 Having an attorney review a living will can be helpful in ensuring that the instructions are clearly expressed and that they line up with state law.
How can legal documents be created?
The two options for getting legal documents created are to hire an in-person attorney and to use an online legal service.
Hire an attorney
Before hiring an attorney, get recommendations from friends or a lawyer referral service and then have a consultation with the lawyer. Many lawyers do an initial consultation session free of charge. During this session, a person will explain what kind of legal issues or documents they need help with, and the lawyer will offer initial guidance, along with an idea of fees. Lawyers specializing in estate planning or elder law can be particularly useful for seniors.
Use an online legal service
Online legal services can be used to access legal forms and documents. Many online services, though not all of them, also employ lawyers who can complete the legal component of these documents.
Online services can provide a lower-cost alternative to hiring an attorney directly. Although experts do not recommend using them for more complicated situations or large estates with a lot of assets, even in these cases they can offer a useful way for an individual to organize their thoughts and create the basic elements of their documents.
Related information
Advance directives
Decisions related to aging and the end of life
Durable power of attorney
Engaging an attorney
Estate and inheritance taxes
Financial plans versus estate plans
Guardianship
Medical power of attorney
Overview of estate plans
Overview of legal documents
Related content
Advance directives
Decisions related to aging and the end of life
Durable power of attorney
Engaging an attorney
Estate and inheritance taxes
Financial plans versus estate plans
Guardianship
Medical power of attorney
Overview of estate plans
Overview of legal documents
Overview of trusts
Using an online service
Will and testament
External supporting content
5 Legal Documents You Need for Your Elderly Loved Ones
30+ Legal Documents for Aging Parents to Have in Order
End notes
1 Living Will. Annuity.org.
