Your Guide to Choosing the Right People to Carry Out Your Wishes

When it comes to planning your future and protecting the people and things that matter most to you, having a solid estate plan is key. But a big part of making that plan successful is choosing the right people to help carry it out. This might feel overwhelming at first—after all, you’re placing a lot of trust in these individuals—but understanding their roles and what to consider can make the decision a lot easier.

In this guide, we’ll walk you through the main “helper” roles in estate planning: trustees, executors, and agents under powers of attorney. These are what we call fiduciaries, a fancy legal word for people who have a duty to act in someone else’s best interest. Think of them as your personal team who will step in and help manage your affairs if you ever can’t do it yourself.

Let’s dive into what each role means, why it’s important, and how to choose the right people (or even institutions) to fill them.

First Things First: What Is a Fiduciary?

“Fiduciary” might sound intimidating, but the idea is pretty simple. A fiduciary is someone who is legally obligated to act in your best interest. They can’t just do what’s convenient or beneficial for them—they have to do what’s right for you and follow your instructions. In the context of estate planning, this includes:

•  Trustees – who manage and distribute assets in your trust.
•  Executors – who carry out the terms of your will.
•  Agents under powers of attorney – who make financial or healthcare decisions for you if you can’t.

When selecting fiduciaries, it’s also a good idea to name a few backup choices. Life happens—your first choice might be unavailable, unwilling, or unable to serve when the time comes. Having reliable alternates ensures your plan stays on track no matter what.

Choosing a Trustee

If your estate plan includes a revocable living trust (which is often a smart move), you’ll need to name a trustee. This person or institution will be in charge of managing the assets you place in the trust.

How It Works

Most people name themselves as the initial trustee while they’re alive and well. That way, you stay in control of your own money and property just as you always have. But it’s also essential to choose a successor trustee—someone who can step in and manage the trust if you become unable to do so due to illness, injury, or death.

Your successor trustee will take over and make sure your wishes are followed, whether that means paying bills while you’re alive but incapacitated or distributing your assets after you pass away.

Who to Choose

Pick someone you trust to follow your instructions, stay organized, and act responsibly. A family member, close friend, or even a professional (like a financial advisor or trust company) can be a great fit. Just be sure to talk to them ahead of time to make sure they understand what’s involved and are willing to take on the role.

Keep in mind that your successor trustee can only manage trust-owned assets. If you have property or accounts still in your name alone, your trustee won’t have authority over those items. That’s where powers of attorney (which we’ll talk about next) come in handy.

Bonus Tip

A living trust is only as good as what you put into it. Make sure all your key assets—like real estate, bank accounts, and investments—are properly transferred into the trust. This helps your trustee do their job smoothly and avoids the need for probate later on.

Powers of Attorney: Naming the People Who Step In When You Can’t

Powers of attorney are some of the most useful and underrated estate planning tools out there. These documents let you give someone else legal permission to act on your behalf while you’re still alive but unable to make decisions for yourself.

There are different types of powers of attorney, each covering different aspects of your life. Most people include both financial and healthcare powers of attorney in their estate plans.

Financial Power of Attorney

A financial power of attorney authorizes someone (your agent) to manage money matters for you. This could include paying your bills, filing your taxes, handling investments, or dealing with real estate transactions.

Just like with your trustee, your agent should be someone you trust completely. They’ll be managing accounts and property not included in your trust, so they play an important role in making sure everything runs smoothly during any period when you’re unable to act.

You can name an individual (such as a spouse or adult child) or even a professional fiduciary. Some institutions, like trust companies, can serve in this role—but be aware they often charge higher fees than family or friends, who might be willing to help for free.

Healthcare Power of Attorney

This document lets you name a healthcare agent to make medical decisions for you if you’re ever unable to do so yourself. These decisions can be as simple as choosing a doctor or as serious as deciding whether to continue life-sustaining treatment.

You might also want to prepare additional healthcare documents, such as a living will or HIPAA release form. These spell out your medical preferences and give your healthcare agent access to your medical records, making it easier for them to advocate for you when it counts.

Tips for Choosing Agents

•  Choose someone who knows you well and understands your values.
•  Make sure they’re comfortable making decisions under pressure.
•  Pick someone who can communicate clearly with doctors and family.
•  Don’t forget to name backups—just in case your first choice isn’t available.

Selecting an Executor

If you have a last will and testament (which you should, even if you have a trust), you’ll need to name an executor. This person’s job is to settle your estate through the probate process and ensure your final wishes are honored.

What Executors Do

After you pass away, your executor steps in to handle your outstanding affairs. This includes gathering your assets, paying off debts, filing your final tax return, and distributing what’s left to your beneficiaries according to your will.

If you’ve set up a living trust and fully funded it, your executor’s job may be relatively minimal. But if some of your assets weren’t placed in the trust or don’t have beneficiary designations, the executor will need to manage those through probate.

Who Should You Choose?

Your executor should be:

•  Trustworthy
•  Organized
•  Good at following instructions
•  Willing and able to take on a potentially time-consuming job

Spouses, adult children, or close friends often fill this role, but it’s also common to name a professional—especially if your estate is complex or if you think your beneficiaries may not get along.

A professional executor can offer impartiality and expertise, particularly helpful in families where emotions may run high. They typically charge a fee, but this may be a worthwhile investment to ensure things are handled properly.

Things to Consider

•  Executors often need to work with attorneys, accountants, and possibly appraisers or mediators.
•  The role may come with deadlines set by the probate court.
•  You should talk to the person you’re naming ahead of time to confirm they’re comfortable with the responsibility.

Final Thoughts: Give Yourself—and Your Loved Ones—Peace of Mind

Choosing your trustee, executor, and agents under powers of attorney is one of the most important steps in estate planning. It’s not just about documents and signatures—it’s about making sure the people you love are supported, and that your wishes are honored no matter what life throws your way.

While it’s tempting to delay or avoid these decisions, having the right people in place can spare your family a lot of confusion, stress, and even legal battles down the road. And if you ever change your mind, you can update your documents—it’s all about planning with flexibility and peace of min

Ready to Start? We’re Here to Help.

If you’re not sure where to begin, that’s okay—you don’t have to do it alone. We can guide you through each step, help you weigh your options, and make sure everything is properly documented.

Whether you’re drafting your first estate plan or updating an old one, we’ll help you build a plan that’s clear, customized, and ready for whatever the future holds.

Let’s talk. Reach out today to schedule a consultation and start putting your plan in place.