It’s easy to get confused about Living Wills and “Do Not Resuscitate” (DNR) orders. Many people worry both of these documents mean hospitals won’t help you if you need it. But that’s not the case at all!

In Rhode Island, the Living Will and the DNR are two separate documents with two distinct purposes. Both only come into play when your medical team has done everything they can, and there’s nothing more they can do to cure a serious illness. But the Living Will covers what supportive care you want at the end of your life, whereas the DNR is a specific directive not to intervene if you go into cardiac arrest (but only if and when your condition is determined to be terminal).

Your Living Will: Guiding Your End-of-Life Care

Think of a Living Will as your voice for the future, especially if you can’t speak for yourself. Under Rhode Island law, it’s a legal document that tells your doctors and nurses what kind of support and care you want (or don’t want) at the very end of your life. This document becomes super important if your medical team determines that your condition is terminal, which usually means having six months or less to live.

At that point, your Living Will lets you clearly state your preferences about different kinds of supportive care. This can include things like:

Continuing treatment for specific diseases like cancer, if aggressive treatments are no longer helping to cure you.

Whether you’d like to use a respirator to help you breathe.

Decisions about dialysis for kidney problems.

If you want antibiotics for infections, especially if they might just prolong discomfort rather than truly help.

Whether you want a feeding tube for nutrition and hydration.

Your Living Will gives you the power to make these crucial decisions ahead of time, ensuring your wishes are honored, even if you’re not able to communicate them in the moment.

A “Do Not Resuscitate” (DNR) Order: A Clear Directive for Your Heart

A “Do Not Resuscitate” (DNR) order is a bit different. It’s a specific medical instruction signed by your doctor. This order is created when you’re already in hospice or in a healthcare facility, and is typically posted in the patient’s room, so nurses know not to resuscitate and to let nature take its course.

It tells emergency responders and healthcare providers not to perform CPR if your heart stops or if you stop breathing. Unlike a Living Will, which covers a wider range of end-of-life choices, a DNR is focused on just resuscitation.

When These Directives Take Center Stage: The Role of Hospice

Both your Living Will and a DNR become especially important if you transition into hospice care. Hospice is all about providing comfort and support to individuals with a terminal illness, focusing on quality of life rather than trying to cure the illness. When you begin hospice, these documents are carefully reviewed to make sure the care you receive perfectly matches your end-of-life wishes.

In hospice, the main focus shifts to managing pain and symptoms, and offering emotional and spiritual support for both you and your loved ones. Because of this, many of the more aggressive supportive care measures you might list in a Living Will, such as ventilators, dialysis, and feeding tubes, are usually no longer used. The goal is to ensure your comfort and dignity in the final stages of life, rather than extending life through artificial means. Similarly, a DNR ensures that if your heart stops, the natural process of death is allowed to unfold without medical intervention.

Medical Directives: A Vital Part of Your Full Estate Plan

Your Living Will ensures your wishes are clear for many situations, while a DNR gives immediate medical guidance in an emergency. Together, these documents are super important pieces of your complete estate plan. They give you greater control over your healthcare decisions and offer peace of mind to your family, knowing your preferences for end-of-life care are clearly laid out as part of your overall legacy planning.

Just had lunch with a friend, who’s knee-deep in raising young kids. We were chatting about the upcoming school year, their crazy schedules, and college plans. I naturally asked about his estate plan, and he said, “Don’t have one—it’s bad luck.”

Seriously??? Of course, I completely disagree. But rather than argue about the benefits of planning ahead over tacos, I figured I’d write about it instead.

Estate Planning isn’t about Luck, it’s about love and responsibility

Estate planning probably isn’t topping your to-do list when you’re juggling diapers, playdates, and soccer practices. But it’s actually one of the most powerful ways to show your family love and protect them. When most folks hear “estate planning,” they picture retirees with vacation homes, big investment portfolios, and grown kids. But here’s the real deal: estate planning is just as crucial for young families as it is for older generations. If you have a spouse, young children, or even just a home with a mortgage and some savings, guess what? You already have an “estate.” And planning for the future now means your loved ones are protected, no matter what life throws your way.

So, what should an estate plan look like for a young family? Let’s break it down into the three most vital pieces: naming guardians for your children, making sure your family is financially protected with life insurance, and passing your assets to your children responsibly.

Naming Guardians for Minor Children

If you’re a parent, the single most important reason to create an estate plan is to name guardians for your children. It’s not something any of us like to dwell on, but accidents and illnesses happen. If you and your spouse were no longer here, who would step in to care for your children? Without a plan in place, the court would decide. Judges do their best, but there’s no guarantee they’d pick the person you’d want raising your kids. Even worse, family members could end up fighting over who should step in, creating even more stress during an already difficult time.

How to go about naming guardians for your minor children

By naming guardians in your will, you get to choose the people who will love, guide, and support your children as they grow. Think about the qualities that matter most to you: shared values, parenting style, financial stability, and emotional readiness. You’ll also want to name alternates, just in case your first choice isn’t able to serve.

Here’s another key tip: talk to your chosen guardians before officially naming them. Make sure they’re comfortable with the responsibility and understand your hopes for your children. These conversations can feel a bit heavy, but they can also be incredibly reassuring. You’ll know your kids will be in good hands if life takes an unexpected turn.

The Importance of Life Insurance for Financial Protection

The second cornerstone of estate planning for young families is life insurance. Let’s be honest, raising children is expensive! There are everyday living expenses like housing, food, and healthcare, plus big future costs like college tuition. If something were to happen to you or your spouse, would your family have the resources they need to maintain stability and keep pursuing the dreams you’ve envisioned for them?

Life insurance offers peace of mind by ensuring your family has a financial cushion if one parent passes away. A well-structured policy can cover mortgage payments, childcare, medical bills, and even long-term goals like funding your child’s education.

How to choose the right life insurance policy

For many young families, term life insurance is an excellent option. It provides affordable coverage for a set number of years, typically long enough to get kids through school and pay off major debts.

Whole life or permanent policies might also make sense depending on your specific situation, but the main thing is to have something in place to protect your loved ones.

When figuring out how much coverage you need, consider your current debts, ongoing expenses, and your future goals for your children. A good general guideline is to purchase enough insurance to replace several years of income, cover your mortgage, and provide for college. An estate planning attorney or financial advisor can definitely help you crunch those numbers.

Beyond Just Wills and Insurance: Passing Your Assets To Your Children Responsibly

Without proper planning, your children could inherit large sums of money outright at a young age, or those funds could fall into the hands of someone who may not be financially responsible. Tools such as living trusts and testamentary trusts allow you to set clear guidelines for how and when your children receive their inheritance, ensuring the money is utilized wisely for essentials such as health, education, or living expenses, rather than frivolous spending.

While guardianship and life insurance are the big ones for young families, there are a few other documents that can make life much easier if something unexpected happens during your lifetime.

A durable power of attorney lets you appoint someone to manage your finances if you’re ever incapacitated.

A health care proxy or medical power of attorney allows someone to make medical decisions for you if you’re unable to.

And don’t forget a HIPAA authorization so trusted family members can access your medical information when it’s needed.

Even if you’re young and healthy, these documents can prevent unnecessary stress if you’re in an accident or have a medical emergency. They’re simple to set up but can truly make all the difference for your family.

The Benefits of Planning Early

Estate planning when your children are still young has several huge advantages. First, it gives you peace of mind. You’ll know that no matter what happens, your kids will be cared for and your family will be financially secure. Second, it prevents conflict. When everything is clearly written down, your loved ones won’t have to guess your intentions or argue about what you “would have wanted.” Finally, it saves time and money. With a solid plan in place, your family can avoid the delays, costs, and frustrations of court proceedings.

Perhaps most importantly, estate planning for young families creates a foundation of security and stability. Your kids may never fully understand the behind-the-scenes work you put into creating a plan, but they’ll certainly feel the benefits in the form of consistency, financial security, and care from the people you trust most.

Final Thoughts: Working with an Experienced Estate Planning Attorney in Rhode Island

Think of estate planning as one of the best gifts you can ever give your family. It’s not about being morbid or assuming the worst. It’s about creating a safety net so that if something unexpected happens, your loved ones have clarity, stability, and the resources they need.

Your family’s future truly matters, and a little planning today can make all the difference tomorrow.

When people think about estate planning, wills and trusts often come to mind first. But there is a simple tool that can make a big difference in ensuring your assets pass smoothly to your loved ones: beneficiary designations.

A beneficiary designation is a simple way to name who will receive a particular asset when you pass away. Many types of accounts and financial products allow you to assign beneficiaries, such as:

Retirement accounts (IRAs, 401(k)s, etc.)

Life insurance policies

Bank accounts and certificates of deposit (often through a “payable on death” or “transfer on death” designation)

Investment or brokerage accounts (through a “transfer on death” designation)

When you pass, these assets typically transfer directly to the named beneficiary, avoiding the delays and expenses of probate and ensures the asset will be immediately available to your beneficiaries.

When Is It Appropriate to Name a Transfer on Death Beneficiary?

Naming a transfer on death beneficiary is often appropriate if you want assets to pass quickly and efficiently to a loved one without going through probate. For example, a bank account with a transfer-on-death designation will transfer directly to your chosen individual, even if your will says something different.

That said, beneficiary designations are not always the best choice in more complex family or tax situations.

For instance, if you have minor children, loved ones with special needs, or blended family dynamics, direct transfer to the beneficiary may create unintended consequences. In those situations, it may be more effective to use a trust. 💡 (contact an expert estate planning attorney for your individual situation)

How Beneficiary Designations Work With Other Estate Planning Tools ⚒️

It is important to understand that beneficiary designations override what is written in your will or trust. If your will leaves your life insurance policy to your spouse but your policy lists your sibling as the beneficiary, the insurance company will pay your sibling. This is why aligning your beneficiary designations with your overall estate plan is critical.

Trusts and wills are powerful tools, but they need to be coordinated with your beneficiary designations to ensure everything works together.

Why Keeping Beneficiary Designations Up to Date Matters… 3 Real Examples From My Experience As A Rhode Island Estate Planning Attorney

Life changes such as marriage, divorce, births, deaths, or simply a change of heart can make your old beneficiary designations outdated. Unfortunately, financial institutions will follow whatever is on file, even if it no longer reflects your wishes.

Outdated designations are one of the most common and preventable estate planning mistakes, such as:

(these are actual clients of mine with their names changed to protect their identities)

No Contingency Plan

Bill and Mary were happily married for 50 years with no children. Each had a life insurance policy naming the other as beneficiary. Bill passed away in December 2024, and Mary received the proceeds. Sadly, she passed shortly after. Because there was no backup beneficiary, everything Mary inherited from Bill, plus her own estate, went through probate. The moral? Updating your beneficiaries takes a few minutes. Probate takes months—or years.

Divorce

Most people know they should update their will, trust, and powers of attorney after a divorce. But that is only half the job. You also need to update your beneficiary designations. George divorced Fran 25 years ago and scrubbed her from his will and house deed. Smart. What he forgot? Stock certificates and bonds that still named Fran. The result: Fran got a payout George never intended, and his family got an unpleasant surprise.

Old Relationships

When Tony signed up for his first 401(k), he was dating Angela. He dutifully named her as his beneficiary and then forgot all about it…

Fast forward 20 years, two IRAs, and a family later, that designation was still in place. When Tony passed, his kids discovered dad’s ex-girlfriend Angela was still on the receiving end. You can imagine how that went over.

Regularly reviewing and updating your designations ensures your assets pass the way you intend. A good rule of thumb is to review them at least every few years or after any major life event.

The Bottom Line: Update Your Beneficiary Designations To Align With Your Living Trust and Overall Goals

Beneficiary designations may seem simple, but they play a critical role in your estate plan. They can help your loved ones avoid probate and access important resources quickly, but if not handled carefully, they can create confusion or conflict.

Estate planning isn’t just for married couples, retirees, or people with large estates. If you’re a single woman, whether you’re building your career, raising children on your own, recently divorced, or enjoying retirement, it’s especially important to have a clear plan in place. Without a spouse as a default decision-maker, it is up to you to choose who will step in when it matters most. That also means you need to put those wishes in writing.

When you’re unmarried, the law does not automatically give anyone the authority to handle your finances or medical decisions if you become incapacitated. Without proper documents, your loved ones could face delays, court proceedings, and confusion. With a well-crafted estate plan, you stay in control of who will help you and where your assets will go.

There are a few essential documents that every single woman should consider. 

👉 A will allows you to name beneficiaries for your assets, nominate a guardian for minor children if applicable, and appoint a personal representative to carry out your wishes.

👉 A revocable living trust offers more privacy, helps avoid probate, and lets you name a successor trustee to manage your assets if you become incapacitated or pass away. When selecting a personal representative or trustee, it is important to think about responsible and trustworthy individuals in your life. These could be friends, relatives, or even professionals such as a bank, trust company, or licensed fiduciary if you prefer a neutral third party.

👉 A durable power of attorney gives someone the authority to handle financial matters like paying bills or managing investments if you are unable to do so. This can avoid the need for court intervention.

👉 A health care proxy or medical power of attorney allows someone to make health care decisions for you when you cannot. It is essential to pick someone who understands your values and will advocate for your preferences.

👉 You should also execute a HIPAA authorization form so that your chosen agents can access your medical information when needed.

In Addition To These Documents, You Should Also Review…

👉  In addition to these documents, you should carefully review and update beneficiary designations on life insurance policies, retirement accounts, and bank accounts. These assets pass outside of a will or trust, so coordination is key.

Meaningful Options When Choosing Beneficiaries

If you are unmarried and do not have children or grandchildren, you still have many meaningful options when choosing beneficiaries. You might consider naming siblings, nieces, nephews, close friends, or caregivers. Charities, faith-based organizations, educational institutions, and local nonprofits are also great choices, especially if you want your legacy to reflect your values. Some people choose to establish a scholarship fund or a small gift to support their community. If you are a pet owner, you can even provide for the ongoing care of your animals.

For single women who are also caregivers to elderly parents or disabled loved ones, estate planning is even more essential. You can include instructions and resources in your plan to ensure your loved ones will be cared for, even if you are no longer able to do so yourself.

One of the strengths of being single is having the freedom to make decisions that reflect your unique life, but it is also your responsibility to make sure those decisions are documented. With the right estate plan, you can ensure that your health, finances, and legacy are protected and honored.

Being Single Doesn’t Mean You Can’t Plan Ahead, I Can Help

Whether you are just beginning to think about your estate plan or ready to put everything in place, we are here to help. Our approach is tailored to your individual needs and goals, so your plan will be as thoughtful and personal as you are.

I talk to a lot of people who’ve heard about living trusts and are interested in using one, but they often tell me, “I just need something simple.” The truth is, there’s really no such thing as a simple trust. Trusts are legal instruments that require thoughtful drafting, and the language used in the document matters a great deal. However, the process of making a trust work—known as “funding” the trust—can actually be very straightforward.

Claim Your Free Book — Written By Jill

In Death, Taxes & Change, estate planning attorney Jill M. Santiago guides you through the complex (and often overwhelming) world of wills, trusts, and future planning—with clarity, compassion, and zero legal jargon. Whether you are a Rhode Island resident, a snowbird with property in multiple states, or someone with loved ones who have special needs, this book equips you to create a plan that reflects your values and avoids unnecessary court battles.

Mail Me Free Copy

The Best Tool To Avoid Probate

A revocable living trust, or RLT, is a tool that many people use to avoid probate, maintain privacy, and ensure their assets are handled exactly how they want after they pass away. To make this happen, assets are retitled into the name of the trust during the lifetime of the person who creates it. This includes things like real estate, bank and investment accounts, stocks, bonds, life insurance policies, and personal property. When done properly, a trust allows your loved ones to bypass court involvement and access the resources they need quickly and easily.

Many people are surprised to learn that a trust can be both practical and cost-effective, especially if your goal is to simplify things for your family down the road. What might feel complicated at first can actually be one of the most efficient ways to manage your estate.

Let’s look at an example

Barbara is unmarried and owns her home. She also has a checking account and an IRA. Her two adult daughters are successful and financially secure. Years ago, Barbara went through the process of handling her father’s probate estate. While the estate wasn’t particularly large, the experience was stressful and painful due to disagreements among family members. Wanting to avoid similar conflict in her own estate, Barbara came to us for help.

We created a revocable living trust for Barbara and transferred her home into the trust. We also made sure her daughters were named as beneficiaries of her IRA and checking account. Now, when the time comes, Barbara’s estate will not need to go through probate. Her daughters will be able to access the funds they need to pay final expenses right away, and they can sell the home without court supervision or delay.

Trust-Based Plans Actually Save You (& Your Heirs) Money After You Die

Although this trust-based plan cost a bit more to set up than a will-based plan, it will save Barbara’s family thousands of dollars in court fees and legal expenses. Just as important, the trust is built to accommodate life’s changes, such as the possibility of Barbara becoming incapacitated, the death of a beneficiary, or the birth of grandchildren.

If you’ve been thinking a trust might be too complicated or too expensive, you may want to take a second look. With the right guidance, a trust can be the simplest and most thoughtful way to protect your legacy and take care of your loved ones.

If you’re ready to explore whether a trust is right for you, we’d be happy to meet and talk through the options that fit your life and your goals.

As the relaxed days of August unfold, we recognize it as National Make a Will Month—a perfect time to address an important task before the busy back-to-school season and holiday rush begin. Shockingly, about two-thirds of Americans lack any form of estate plan, whether it’s a will, trust, or powers of attorney.

August just happens to be National Make A Will Month. This month, JMS Law is dedicated to simplifying the process of creating an estate plan for as many individuals as possible across Rhode Island and Massachusetts. We’re here to help you get your plan in place with ease!

Actually, everyone has an estate plan

Did you know even if you have not made an estate plan, you have one? Without an estate plan, the state has a plan for you, whether you like it or not. The laws of intestacy will dictate how your assets are distributed to your legal heirs, and the probate court will appoint someone to manage your estate. These individuals—your heirs and administrators—might not be the ones you would have chosen.

Even more concerning, without a plan, you risk a court-ordered guardianship if you become incapacitated and unable to manage your own assets or healthcare. Don’t be part of the two-thirds who rely on default arrangements. Take control and create your own estate plan!

Reasons people don’t make a plan

Estate planning is a crucial task that many individuals know they need to address but often postpone. Several common reasons contribute to this procrastination:

Uncertainty about where to begin: For many, the sheer complexity of estate planning or simply not knowing who to consult for assistance leads to deferral.

Belief in insufficient assets: A common misconception is that one doesn’t possess enough assets to warrant an estate plan. However, even ordinary assets like bank accounts, vehicles, and personal property are subject to the probate process. Without a will or designated beneficiaries on accounts, probate can potentially consume a significant portion of an estate’s value.

Reluctance to confront mortality: While an uncomfortable truth, death is an inevitable part of the human experience, regardless of whether a plan is in place. Avoiding this reality doesn’t change its certainty.

Indifference to post-mortem outcomes: While some may express a lack of concern for what happens after their passing, establishing an estate plan can significantly ease the burden on loved ones during a difficult time. Considering the potential relief it offers, making arrangements seems a compassionate choice.

Types of plans we provide

At JMS Law, we create individualized estate plans, based on your needs and goals. We create wills and living trusts for individuals and married couples. We also draft property deeds, financial powers of attorney and healthcare documents. If long-term care costs are a concern, we also provide Medicaid planning.

We Make it easy to get your plan in place

Stop making excuses! Regardless of the value of your estate, you and your loved ones deserve the peace of mind that comes with a solid plan. We work with estates of all sizes and make the process convenient for you. You don’t even need to leave your home to get started – we offer virtual estate planning meetings. For document signing, we can accommodate you in one of our offices or even in the comfort of your own home.

When people think about estate planning, they often focus on what happens after they pass away. But planning for the “what ifs” of life is just as important. One of the most powerful tools for protecting yourself and your loved ones during your lifetime is a Durable Power of Attorney (POA).

A Power of Attorney allows you to legally appoint someone you trust (designated as your “agent” or “attorney-in-fact”) to act on your behalf in financial, legal, and even certain healthcare matters if you become unable to do so yourself. And while this might seem like something only older adults need, it’s actually a smart move for almost everyone.

Let’s take a look at 12 ways having a POA in place can protect you and your family:

1. Protects Against Incapacity in Older Adults

A sudden illness, stroke, or dementia diagnosis can leave an aging parent unable to manage daily tasks like paying bills or handling investments.

A POA ensures someone trusted can step in immediately without the need for court involvement.

2. Helps Young Adults Who Still Rely on Parents

Once your child turns 18, you no longer have automatic access to their medical or financial information. If your college-aged child gets injured or hospitalized, a POA allows you to assist with bills, school issues, and medical decisions.

3. Prepares for Medical Emergencies

Accidents and unexpected health issues can happen at any age. A POA ensures your affairs don’t come to a halt if you’re temporarily unconscious or hospitalized.

4. Avoids Costly Guardianship Proceedings

Without a POA, your loved ones may have to go to court to be appointed as your guardian or conservator if you’re incapacitated. This process can be expensive, time-consuming, and emotionally draining.

5. Allows You to Choose Who Acts on Your Behalf

With a POA, you decide who will manage your affairs, rather than the court. You can choose someone you trust and provide specific instructions for how you want things handled.

6. Protects Small Business Owners

If you own a business, having a POA ensures someone can sign contracts, access accounts, and keep operations running if you’re suddenly unavailable.

7. Ensures Continuity for Managing Investments

Your agent can monitor and manage investment accounts, make trades, and communicate with your financial advisor so your portfolio doesn’t suffer in your absence.

8. Enables Help with Government Benefits

Your agent can communicate with Social Security, Medicare, Medicaid, or the VA to help you apply for benefits, file appeals, or access needed services.

9. Handles Real Estate Transactions

Whether it’s buying, selling, refinancing, or paying taxes, a POA can empower someone to handle property matters if you’re away or incapacitated.

10. Covers Tax and Legal Matters

Your agent can work with the IRS, file tax returns, and sign important legal documents on your behalf.

11. Avoids Financial Disruption During Travel or Deployment

If you’re traveling for an extended period or serving in the military, a POA allows a trusted person to handle your finances and legal affairs back home.

12. Supports End-of-Life Planning and Care Coordination

When combined with a health care proxy and living will, a POA can ensure a smooth transition for managing your care, paying medical bills, and supporting your chosen end-of-life preferences.

Who Should Have a Power of Attorney?

In short, everyone over 18 should have a POA. Whether you’re a student, parent, business owner, caregiver, or retiree, a Durable Power of Attorney is a safety net that ensures your financial and legal matters don’t fall through the cracks if something unexpected happens.

Get Peace of Mind—Now, Not Later

The best time to put a POA in place is before you need it. You never know what the future holds, but with the right legal documents, you and your family can face it with confidence and clarity. Get started with my office by clicking the link below to schedule an appointment.

Let’s be honest — no one dreams of picking out a nursing home. But when the time comes, whether for yourself or someone you love, making the right choice can mean the difference between peace of mind and panic mode. The good news? With a little planning (and maybe a friendly estate planning attorney in your corner), you can make the process far less stressful — and even empowering.

1. Start Early — Like, Now

The best time to look into nursing home options is before you actually need one. When you’re not in crisis mode, you can tour facilities, ask questions, and weigh your options without feeling rushed. Waiting until a hospital discharge with only 48 hours to find a bed? That’s like apartment hunting with your eyes closed — in the rain.

2. Make a “Must-Have” List

Not all nursing homes are created equal, and what works for one person might not work for another. Start by thinking about what’s truly important. Ask yourself these questions:

1. What level of care is needed? (Assisted living, memory care, full skilled nursing?)
2. Is the facility close to family and friends who’ll visit often?
3. Are there nearby hospitals and specialists in case of medical needs?
4. What’s the social vibe like — do they offer activities and events?
5. Are religious or cultural needs taken into account?
6. What’s the staff-to-resident ratio? And do the staff actually stick around?

Proximity really matters — especially for maintaining relationships, making regular visits easier, and staying connected to the local medical community. Being closer to familiar people and places can make a huge difference in someone’s emotional and physical well-being.

You can also use tools like Medicare’s Nursing Home Compare (Medicare’s Nursing Home Compare) to check out ratings, inspection reports, and staffing details.

3. Go See It for Yourself (and Maybe Pop in Unannounced)

Those glossy brochures? Lovely. But a real-life visit — especially a surprise one — tells you much more. Is it clean? How does it smell? Do the residents seem happy and well cared for? How do staff interact with them? Trust your gut, your nose, and your instincts.

4. Understand the Cost — and How You’ll Cover It

Sticker shock is real. The median cost of a semi-private room in a nursing home is now over $11,000 per month. Here’s how most people handle the cost:

Long-Term Care Insurance: If you have it, now’s the time to dust off that policy. Just make sure it covers the type of care you’re considering — and note any waiting periods before benefits kick in.

Medicaid: Yes, Medicaid covers nursing home care — but it’s income- and asset-based. The rules are tricky, and mistakes (like giving away assets too late) can delay eligibility. Early planning helps you protect assets and avoid headaches.

Private Pay: Without insurance or Medicaid, it’s out-of-pocket. That can drain savings fast. It’s smart to understand what you’re agreeing to — and what other resources may be available.

5. Talk to an Estate Planning Attorney (Hi, That’s Us!)

This isn’t just a financial decision — it’s a legal one, too. We can help you navigate Medicaid eligibility and protect your assets, legally. We will also review your long-term care policy, prepare or update your powers of attorney and healthcare directives, read the fine print on those confusing admissions agreements, and set up trusts or other planning tools to minimize risk.

We’re not here to sell you anything — just to make sure your legal ducks are in a row and your choices are respected.

6. Watch for Red Flags 🚩

Some things should raise your eyebrows — and possibly your blood pressure:

🚩Facilities that demand a family member personally guarantee payment

🚩Vague or missing cost breakdowns

🚩A history of health and safety violations (check those inspection reports!)

🚩High staff turnover or negative online reviews from families

Choosing the right nursing home isn’t easy — but it can be

Choosing the right nursing home isn’t easy — but it can be manageable, and even empowering, when you’re prepared. A little early planning, some solid research, and the right support can help you make a decision that brings peace of mind to the whole family. Click below to schedule a meeting with a qualified Rhode Island estate planning attorney.

When it comes to estate planning, you’ve probably heard of wills and living trusts—but what about testamentary trusts? If you’re looking for a way to provide for your loved ones while maintaining some control over how your assets are distributed, a testamentary trust might be a great option. So, what exactly is a testamentary trust, how does it work, and how do you create one? Let’s break it down in simple terms.

What Is a Testamentary Trust?

A testamentary trust is a type of trust that is created through a will and only goes into effect after you pass away. Unlike a revocable living trust, which is set up while you’re still alive, a testamentary trust doesn’t exist until after your death.

Think of it like a set of instructions embedded in your will. When you pass away, your executor follows those instructions to create and manage the trust, ensuring your assets are handled exactly as you intended.

How Are Testamentary Trusts Used?

Testamentary trusts are often used to provide financial protection and structure for beneficiaries. Here are a few common reasons people use them:

Protecting Minor Children – If you have young kids, a testamentary trust can hold their inheritance until they reach a responsible age. Instead of an 18-year-old receiving a lump sum (which could be spent in a flash), the trust can distribute funds over time.

Providing for a Loved One with Special Needs – If a beneficiary has special needs, a testamentary trust can ensure they receive financial support without disqualifying them from government benefits like Medicaid or Social Security.

Managing Assets for Financially Irresponsible Beneficiaries – If you’re worried about a beneficiary blowing through their inheritance, a testamentary trust allows you to set conditions for distributions, for example: “$10,000 per year until they turn 30”.

Tax and Creditor Protection – Testamentary trusts can sometimes provide estate tax benefits or protect assets from creditors or divorce settlements, depending on how they’re structured.

How to Create a Testamentary Trust

Creating a testamentary trust involves a few additional steps

1. 1. Draft a Will That Includes the Trust
      Since a testamentary trust is created through your will, you’ll need to work with an estate planning attorney to include the trust provisions. The will should specify:

Who the trustee will be (the person responsible for managing the trust).

Who the beneficiaries are.

How and when the assets should be distributed.

1. 1. Define the Trust Terms
      You’ll need to decide:
      How long the trust should last (such as, until a child turns 25).

What expenses the trustee is allowed to pay for (education, medical bills, etc.).

Any conditions for distributions, for example, “must graduate college first”).

1. 1. Name the Trustee
      Choosing the right trustee is key. This person (or institution) will be responsible for managing the trust and ensuring your wishes are carried out. It could be a family member, a trusted friend, or a professional fiduciary.
   2. Fund the Trust (After Death)
      Unlike a living trust, a testamentary trust isn’t funded while you’re alive. Instead, your assets go into the trust after you pass away, usually through your will’s probate process. This means your estate will go through probate before the trust becomes active.

Pros and Cons of a Testamentary Trust

Pros:

Control Over Asset Distribution – You decide how and when beneficiaries receive their inheritance.

Great for Minors or Special Needs Beneficiaries – Protects vulnerable individuals from mismanaging their inheritance.

Potential Tax Benefits – Can reduce estate taxes and offer creditor protection.

These types of trusts are great for people that don’t have a lot of assets while they’re living, but have significant funds that will come in through things like life insurance, and other assets that are not liquid until they pass away.

Cons:

Requires Probate – Since it’s created through a will, it must go through probate, which can be time-consuming and costly.

Less Flexibility Than a Living Trust – Since the trust only takes effect after death, you can’t make changes without updating your will.

Ongoing Trustee Fees – If managed by a professional trustee, there could be administrative costs.

Is a Testamentary Trust Right for You?

If you want to provide long-term financial security for your loved ones but aren’t interested in setting up a trust while you’re alive, a testamentary trust can be a smart, structured way to manage your estate. It’s especially useful for parents of young children, individuals with special needs beneficiaries, or those who want to protect assets from mismanagement.

If you’re considering a testamentary trust, consulting with an estate planning attorney is the best way to ensure it’s set up correctly and aligns with your goals. Schedule an appointment by clicking below.

When my son turned 18 and left for college a few hours away, it felt like the start of a new chapter — one filled with excitement, independence, and the quiet ache that comes with watching your child grow up. He didn’t come home on weekends, rarely called, and though he had a cell phone, the service was spotty. One day, I received a call from his doctor’s office. A routine lab result had come back with questionable findings, and they had been trying — unsuccessfully — to reach him for days. The doctor, clearly concerned, asked me to have him call the office. Naturally, I asked what was going on. But because my son was now legally an adult, I was told nothing. I spent several anxious days waiting to hear from him, only to find out, thankfully, that everything was fine. It was then I realized: a simple health care proxy could have spared us all that stress.

Most people think estate planning is only for retirees or those with significant wealth. But the reality is, once a child turns 18, parents lose the legal authority to make medical or financial decisions on their behalf — even in an emergency. That’s why every college student should have a few essential estate planning documents in place. These aren’t just legal formalities; they’re peace-of-mind protections for both students and their families.

The 3 Documents Every Young Adult Should Have

1. Durable Power of Attorney (Financial POA)

This document allows someone (usually a parent or trusted adult) to manage financial affairs on the student’s behalf. This could include paying bills, managing bank accounts, signing leases, or dealing with tuition issues — especially important if the student is studying abroad or is otherwise unavailable.

Why it matters: If your child becomes incapacitated due to illness or injury, or is too busy with college life to handle his own affairs, you won’t be able to legally handle their financial matters unless you’ve been named as their agent in a power of attorney. A financial POA avoids the costly and time-consuming process of court-appointed guardianship, and it allows you to continue assisting your child with life decisions and financial matters while they grow into adulthood.

2. Health Care Proxy (Medical Power of Attorney)

This allows your child to name someone to make medical decisions for them if they’re unable to do so. Without this, parents may be legally prevented from speaking on their child’s behalf, even in an emergency.

Why it matters: Hospitals and doctors cannot legally share information or take direction without proper authorization once a person is 18. A health care proxy ensures someone trusted is empowered to step in and make decisions.

3. HIPAA Authorization

This form allows medical professionals to share your child’s health information with you or another named individual. It’s often included with the health care proxy but can also be a standalone document.

Why it matters: If your college student ends up in the hospital, medical professionals may not be allowed to discuss their condition with you — even if you’re footing the bill — unless this form is in place.

Optional but Worth Considering:

FERPA Waiver: This allows you to access your child’s educational records (grades, academic status, financial aid) under the Family Educational Rights and Privacy Act.

Basic Will: If your student owns a car, has a bank account, or even a pet, a simple will can help ensure those assets are passed according to their wishes.

Estate planning for young adults isn’t about handing over control

Estate planning for young adults isn’t about handing over control — it’s about having a plan in place just in case. It gives peace of mind to both students and parents, knowing that if something unexpected happens, the right people are legally able to step in and help.

If you’re sending a student off to college, consider giving them a different kind of care package — one that includes these essential legal documents. It’s a small step that can make a big difference in a crisis. In fact, you can choose to add these documents for your student and update your own estate plan at the same time.

Need help getting started? Our office offers affordable, student-focused estate planning packages to help families prepare with confidence. Ask about adding student POAs to your own estate plan! Contact us today to schedule a consultation!