Storing Legal Documents in an Easy-to-Find Place for Family Caregivers

Some attorneys offer to keep the originals of your legal documents for safekeeping. This is not without its drawbacks. Your loved ones would have to contact the law firm and obtain the release of the documents. The law firm may use this as an opportunity to attempt to earn their business or charge for release of the documents. It can also cause unnecessary delays. And I’ve seen it happen that an attorney retires or dies without having provided the client the original documents and the originals are forever lost. And a lost will is as good as having no will at all. 

You may have the option of depositing originals with the clerk of court. Some states do permit a county clerk to store original wills before the will maker dies. If this is an option in your state, talk to your attorney before depositing the will and know that you will have to follow up on the deposited will if you revoke it, make a new one or move out of state.

If you elect to keep your original documents in the home, protect them from fire or flood. A secure wet bag and a fire-rated safe are more protective than a file cabinet or your refrigerator (yes, I’ve had clients who kept their wills in the fridge). If you do lock them up, remember that someone will need to either have a key or know where the key is kept. 

Recipients of copies of legal documents

Confusion about who is supposed to be in charge when a loved one is hospitalized and can’t communicate can make a stressful time even more so. This can be prevented if you give your health care agents copies of your health care surrogate designation and living will. I tell clients to give their medical directives away like Halloween candy — provide them to your agents, doctors, friends. Store them on your family caregiving app. Keep them stored on your phone and in your glove compartment. Privacy is not as much of a concern for these documents.

Privacy may be important to you when it comes to your power of attorney, will or trust. Giving copies to your family or beneficiaries may not be in your best interests. People might not approve of the way you’ve divided up inheritances or whom you’ve named as trustees or executors. If so, entrust non-interested people (meaning, people who stand to gain nothing from your estate and can’t take any action with the documents) with copies. If you don’t have a non-interested person in mind, see if your financial adviser’s firm offers digital storage in an online vault. Your attorney may offer this as a service too.    

You may even consider recording copies of your documents in your county’s public records. There will be a cost for this, but a certified copy of a document in public records can sometimes work as well as an original. Your power of attorney or declaration naming a preneed guardian may be items that you’d want recorded if you don’t mind them becoming a part of public records.

Communicate the location of your paperwork

Even if you decide not to provide copies or originals to your future caregivers and loved ones, express to them where they’ll be able to find important documents if they need them (and how to access them!). If you’re reluctant to tell them in advance, leave a letter of instruction for their use in the event you are incapacitated or die. Tell your attorney and advisers where you’ve stored your documents and ask them to note it in your file or perhaps provide a copy of your letter of instruction for them to keep. If you decide to change the location, let them know.

Whenever you create new documents, be sure to tie up the loose ends. Destroy or discard your now-outdated documents. Send a notice of revocation to anyone who’s holding copies or originals. If you’ve recorded any of those documents, record the notice of revocation too. Ask that anyone holding copies also destroy or discard the documents in their possession. 

Ultimately, you don’t want your loved ones to get hung up in court if they can only find a copy of your documents or, even worse, no documents at all. Organization and communication are essential to both safeguarding your paperwork and making it easy for your loved ones to use it if and when the time comes.