If a trust is established in a will, initial and alternative trustees should be appointed. If the trust is of a significant duration, a corporate trustee should be considered. A will also can provide for guardianship of an adult dependent who is incompetent. If a guardian is not specified in the will, the state will determine who will care for the minor or other individual. It is not necessary that the guardian of the person and the guardian of the property be the same individual.
Guardianship is a significant responsibility.
Therefore, parents should discuss the matter with potential guardians and verify their willingness and ability to assume the role. The will must be dated and signed in accordance with state law. Particular attention should be paid to the formalities that are necessary in execution of the will so that the document will be valid. The powers that can be delegated in these documents and the form of the documents differ greatly by state. A health care power of attorney differs from a living will in that a living will expresses the individual's wishes, while a health care power of attorney grants the power to implement those wishes.