If Frank Hartwell couldn't act tomorrow, after a stroke or a fall, this is what the family would have to do, in order, and who would do each part. Every step, figure and warning is computed live from what the family recorded: the accounts, the papers and the people. The red ones are where families come apart. Today, each of them can still be fixed.
Steps
12
Nobody named
1
Someone can act on
$8,708,000
Nobody named for
$4,200,000
Fix these now, while Frank Hartwell can still sign.
Each one is read from the family's own record. Today each is a meeting or a signature. Afterward it lands on the family, and often on a court.
1
The power of attorney and health care directive name Daniel Hartwell, from before Frank Hartwell married Elena Hartwell
If that is still what Frank Hartwell wants, there is nothing to fix. If not, it takes a signature.
The fix: Frank Hartwell decides, and signs new ones if it has changed.
2
Nobody is named to run Hartwell Millwork if Frank Hartwell can't
$4,200,000. No one is named and no agreement is recorded.
The fix: Frank Hartwell names someone in writing, with the attorney and the advisor.
3
The revocable living trust was drafted and never signed
Signed and funded, it would let a successor trustee manage these without a court.
The fix: Frank Hartwell signs it, with an estate attorney.
4
4 papers haven't been looked at in 18 years or more
Last will and testament, Durable power of attorney, Healthcare directive and Beneficiary designation - rollover IRA.
The fix: Frank Hartwell reviews them with an estate attorney, in one sitting.
The first days
Day 1 to 7
Before anything else.
Report it, and have a second person confirm it
Elena Hartwell reports it in fAImily and Daniel Hartwell confirms it; nothing opens on one person's word. Then what Frank Hartwell prepared opens to the people Frank Hartwell chose, on the family's rules: home & household, money & accounts, medical and legal papers right away; business after 1 day.
Daniel Hartwell makes Frank Hartwell's medical decisions
The health care directive names Daniel Hartwell. Doctors will ask for a copy, so it has to be findable tonight. The living will says what treatment Frank Hartwell wants, and doesn't, when Frank Hartwell can't say.
It was signed before Frank Hartwell married Elena Hartwell. As it stands, Daniel Hartwell decides, not Elena Hartwell.
Healthcare directive · signed Mar 14, 2008 · Home office safe
Living will · signed May 2, 2019 · Home office safe, with the directive · the paper is attached, encrypted
Daniel Hartwell· health care agentElena Hartwell· spouse
Daniel Hartwell acts for Frank Hartwell on money
The durable power of attorney names Daniel Hartwell. Each institution checks it before anyone can act, and some are slow with an older one, so the advisor can check theirs now.
It was signed before Frank Hartwell married Elena Hartwell. As it stands, Daniel Hartwell signs for Frank Hartwell, not Elena Hartwell.
Durable power of attorney · signed Mar 14, 2008 · Home office safe
Daniel Hartwell· agentTheir advisor's firm· keeps the account details
The first two weeks
Week 1 to 2
Every place that needs someone to act.
Keep Hartwell Millwork running
Los Angeles, CA
$4,200,000
Nobody is named to run it while Frank Hartwell can't, and no agreement is recorded.
Someone has to be able to sign payroll and speak for it next week.
Nobody namedThe family's attorney· keeps the account details
Keep the whole life policy in force
Pacific Life
$3,000,000
Premiums keep coming due. If they stop, it can lapse, and $3,000,000 with it.
Daniel Hartwell· agentTheir advisor's firm· keeps the account details
Primary residence
Los Angeles, CA
$2,850,000
Taxes, insurance and upkeep keep coming due, and Daniel Hartwell pays them with the power of attorney.
Daniel Hartwell· agent
Rollover IRA
Charles Schwab
$1,640,000
Required withdrawals still come due every year; Daniel Hartwell arranges them with the advisor.
Daniel Hartwell· agentTheir advisor's firm· keeps the account details
Joint brokerage
Fidelity
$910,000
The record says it is held jointly, so the other owner can keep using it.
Elena Hartwell· spouseTheir advisor's firm· keeps the account details
Keep the bills paid
Operating account · Wells Fargo
$212,000
Bills paid from it need someone who can act on it. Daniel Hartwell can, with the power of attorney.
Daniel Hartwell· agent
529 college savings - Sam
ScholarShare 529
$96,000
Only Daniel Hartwell can trade or move it, with the power of attorney.
Daniel Hartwell· agentTheir advisor's firm· keeps the account details
Tell the advisor, and check the trusted contact
The firm needs to hear it from Daniel Hartwell. Its trusted contact for Frank Hartwell is the person it may call if it is worried about Frank Hartwell's accounts; make sure that is still the right person.
Their advisor's firm· keeps the account detailsDaniel Hartwell· agent
The months after
While it lasts
Until it ends.
Check in every few months
If Frank Hartwell recovers, the family marks it ended in fAImily, and what the rules opened closes again.
Elena Hartwell· spouse
On a family's own account the same plan sits beside the estate record, and it changes the moment the record does.