As a practice, our firm does not necessarily recommend that copies of the trust are given to family members until a death or incapacity so as not to create hard feelings about changes or confusion regarding which version of a trust may be in effect. We also do not recommend that copies of the trust are recorded. In Arizona there is no government “storage” for original estate planning documents. This then can create a dilemma of how to make sure that original legal documents make it into the hands of the right person at the right time while still allowing the creators of the trust to maintain personal privacy.

We recommend that original trust documents are kept at one’s residence in a fireproof and waterproof container. If one chooses to use a safety deposit box it is vital that the person anticipated to step in at a death or incapacity is on the signature card to the safety deposit box or that the trust owns the box, allowing the successor trustee to gain access fairly easily. What one should never do is put the confidential original document— created to avoid a court proceeding— in a place that then requires a court proceeding to access it because no one is pre-authorized and a court order must then be obtained. One way to safely store and to be able to access health care documents is through the secretary of state’s office. As a matter of course we suggest to all of our clients that they participate in this free registry. The link to the registration agreement with instructions is located at https://azsos.gov/sites/default/files/bsd_ad_registration_agreement_20190107.pdf. Copies of the health care power of attorney, mental health care power of attorney and living will may all be submitted to the registry, which then will issue a card with the website and a username and password on it. This can be invaluable in an emergency or while travelling from home.

Very rarely is there a true emergency where financial documents need to be accessed immediately. In most financial crises there is plenty of time to gain copies of relevant legal documents in order to gain access and control of the finances. We as a firm do not recommend necessarily sharing copies of the legal documents with your family or friends until such time as they need them, but we certainly recommend that you clearly inform them where the documents are kept and how to access them. They need to have combinations to a safe, access to safety deposit box keys, and so forth. We provide free copies of our client’s legal documents to their successors in appropriate circumstances at any given time. If you work with a firm like us, it is also important to share the firm’s contact information with your family so we can facilitate the transfer for them in any way possible while protecting your privacy.

Give some serious thought to how you would want the transition to work if you were to suddenly become incapacitated or pass away. If you have taken the actions to create the paperwork for your loved ones, also make sure that it is easy for them to get access to that paperwork when the appropriate time comes. They will be forever grateful to you for your thoughtful planning.