The following information is provided as a courtesy. It is recommended that you consult your attorney or certified estate planner to ensure your wishes and legal rights are carried out.
Please notice that the Vicar for Clergy, the Vicar General, and the Chancellor are sometimes listed in the documents as a default. This is to help those that wish to have the Diocese handled their affairs. You are not obligated to use Diocesan employees as your agent. If you prefer to list another person or agency you are free to do so.
The main point here is that these documents are very important and whoever you designate as your agent (Power of Attorney, Personal Representative, or Executors) need to be on file with the Diocese. Why? Because should you be in accident and be incapacitated, lose your mental faculties, or die, the Diocese will notify the correct people on your behalf. The Diocese will either be your agent acting on your behalf, or the Diocese can immediately contact your agent on your behalf. Not having this information on file with the Diocese may prevent your wishes from being carried out, delay your wishes being carried out because a court order by a judge needs to be issued when your agent is unknown and not present. It could also inadvertently cause some of your money being spent to accomplish various legal requirements to establish an agent for you, pay for probate, etc.
It is recommended that you have a Family Trust or Will. A family trust in your name is generally the best, as it avoids probate and is more lock-tight to anyone contesting it. You basically make your trust the beneficiary on any financial or property items, so that all money flows to the trust after your death. The trust document then stipulates how your money is to be bequeathed after all debts are paid. A trust does not require probate and this alone will save thousands of dollars. It also allows the agent to act immediately without the need of a court order by a judge to be issued. A Will is a simpler document and most often requires probate and a judge’s order for the personal representative to act, so additional legal fees will be incurred. A Will is also more easily contested.
List of Documents to Prepare
In addition to your Diocesan Emergency Record booklet, select one of the following:
Family Trust When a family trust is prepared all of the other legal documents are generally prepared at the same time by the lawyer and given to you in a binder and/or electronically. A typical family trust for a priest will cost between $600-$1000. Here’s a sample of what was included in a recent Trust:
Family Trust Binder
Client Information Sheet
Funding Instructions
Declaration of Trust
Assignment of Personal Property
Utah Statutory Form Power of Attorney
HIPPA/Utah Advanced Health Care Directive (Living Will)