The Foreign Service Journal, January-February 2016

60 JANUARY-FEBRUARY 2016 | THE FOREIGN SERVICE JOURNAL advance health care directive explains a settlor’s wishes about medical treatment in case he or she is incapacitated. This way, a settlor can explain his or her preferences about quality of life, life support and invasive medical procedures before it is too late. Executing both types of documents before they are needed will reduce angst for you and your loved ones. Most states have statutory short forms you can complete yourself. However, these templates must be adhered to closely because even small deviations can have profound effects on their validity. Don’t use unvetted forms from unknown sources for these purposes. Finalizing Your Documents. When you are satisfied your documents are flawless, find two witnesses who do not receive anything under your will; gather before a notary (or a consular officer, if you’re overseas); orally name the documents you will be executing; state that you are “over 18, of sound and dispos- ing mind, and free from duress”; and sign at the end. Each state requires different formalities, so failing to perform all your state’s requirements may invalidate part of your estate plan. Guard the Originals! Like setting your estate planning goals, the first item on my checklist, this may seem too obvious to worry about. But it is easy for Foreign Service families, who spend years at a time overseas, to lose track of their original will. Keep it in a safe deposit box, fire-resistant safe, with a trust company, or at the court where it will be probated. Wherever it is, your executor must know where it is and have access to it. Make Good Choices. The true value of estate planning lies in making good choices at each step of the process. Take advan- tage of the opportunity to research best practices, seek second opinions and professional advice (if needed)—and resist the temptation to rush to the signature line. n The true quality of your will, and the likelihood that it will withstand legal challenges, depend on the wisdom with which you have balanced the competing interests affecting your estate.