ADVERTISING: ADVERTORIAL: How do you know when to change who you've named in your estate plan?

The people you named as your personal representative, successor trustee, agent under a financial power of attorney, and agent under a medical power of attorney probably seemed like obvious choices at one time. Maybe they still are. But these roles aren't "set it and forget it" — the circumstances that made someone the right pick five or ten years ago can shift, and the person who would have served beautifully then may not be the right fit today. 

Here are the signs that it's time to revisit who you've named.

They've Aged Alongside You 

This is the most common reason I see clients update these nominations in their documents. People often name a sibling, a close friend, or a peer — someone they trust completely. But if that person is your age, they're aging on the same timeline you are. The brother-in-law who would have made an excellent successor trustee in his fifties may now be dealing with his own health concerns in his late seventies. Look at your nominees with fresh eyes and ask whether they'll realistically be able to serve when the time comes. 

Their Circumstances Have Changed 

Life moves people. A daughter who once lived twenty minutes away may now be in another state — making it impractical for her to serve as your medical agent or to handle a probate locally. A friend you named as financial agent may have started a demanding business, gone through a divorce, developed a substance use problem, or experienced a financial setback that affects their judgment. None of these things necessarily make them a bad person. They make them a less suitable fiduciary for you right now. 

Your Relationship Has Changed 

The closeness you felt when you signed your documents may not be the closeness you feel today. A best friend may have drifted away. An adult child may have become estranged. A second spouse may have entered the picture. If you wouldn't pick this person today knowing what you know now, that's a clear signal to revisit your documents — particularly for medical decisions, where you want someone who genuinely understands your values and current wishes.  

They've Shown You Who They Are 

Sometimes a family event — settling a parent's estate, helping a sick relative, handling a financial windfall — reveals how someone actually behaves in a fiduciary situation. If you've watched your named agent dodge responsibility, mishandle money, fight with siblings, or push their own agenda over a loved one's wishes, take that seriously. The way someone behaves in someone else's estate is a preview of how they'll behave in yours. 

They've Said No (or You Suspect They Would) 

Serving as executor, trustee, or agent is real work. If you've never actually asked your named person whether they're willing, now is the time. People are often more candid than you'd expect, and a quiet "I don't think I could do that" is far better to hear now than to discover at the worst possible moment. 

Conflicts Have Emerged Within the Plan 

If the person you named for one role doesn't get along with the beneficiaries, co-trustees, or other agents named in your plan, that friction will surface exactly when your family can least afford it. Watch for emerging tensions and adjust accordingly. 

One Thing That Matters Less Than You May Think 

While geographic proximity can make all these jobs easier, it should not be the most important consideration when deciding who to nominate. It is a factor for sure, but more important is to pick the right person for the job. I always encourage clients to favor their “first choice” person for any of these positions even if that person lives at a distance, over someone who is local, but may not do a good job.  

Don't Wait for the Perfect Moment 

Updating your fiduciary nominees probably doesn't require redoing your whole estate plan. In most cases, it's a straightforward amendment or a fresh set of powers of attorney. The hard part is noticing — and being honest with yourself about what you've noticed. If anything you just read rang true, that's your signal. 

My law firm is currently offering free telephonic, electronic, or in-person consultations concerning special needs trusts, adult guardianships, probates, and creating or reviewing estate planning documents.

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Robert J. Green is an Estate Planning, Probate, Elder Law, Trust, & Guardianship Attorney and the owner of Kootenai Law Group, PLLC in Coeur d’Alene. If you have questions about estate planning, probates, wills, trusts, powers of attorney, guardianships, Medicaid planning, or VA Benefit planning, contact Kootenai Law at 208-765-6555, [email protected], or visit www.KootenaiLaw.com.  

This has been presented as general information and not as legal advice. Do not engage in legal decision-making without the advice of a competent attorney after discussion of your specific circumstances.