At the Law Offices of Robert P. Bergman we provide comprehensive estate planning services to residents of Atherton and the surrounding San Mateo County communities. Our practice focuses on practical documents that help transfer assets according to your wishes, reduce family conflict, and prepare for incapacity. Core planning tools we commonly prepare include revocable living trusts, last wills and testaments, financial powers of attorney, advance health care directives, and related trust documents such as certification of trust and pour-over wills. We tailor each plan to reflect your goals for heirs, charitable giving, retirement benefits, and care for dependents including special needs and pet trusts.
Estate planning is about clarity, continuity, and control. Whether you are establishing a new plan or updating an older arrangement, a thoughtful plan addresses who will make financial and medical decisions if you cannot, how property will pass at death, and how taxes and probate will be managed. Our approach emphasizes clear communication with clients and family members, practical drafting of trust and will provisions, and preparing the necessary supporting documents such as HIPAA authorizations and guardianship nominations. We also assist with specialized trust options like irrevocable life insurance trusts and retirement plan trust provisions to align with your overall financial picture.
Effective estate planning protects your assets, preserves family relationships, and ensures important decisions are made by the people you trust. By creating a revocable living trust and related documents, you can minimize the need for probate, maintain privacy, and provide a smoother transition of assets to beneficiaries. Powers of attorney designate who manages finances if you are incapacitated, while advance health care directives communicate your medical wishes. Trust-based plans can also include provisions for minor children, special needs dependents, and pets, plus mechanisms for successor trustees to manage distributions. Thoughtful planning reduces uncertainty and the administrative burdens on loved ones during difficult times.
The Law Offices of Robert P. Bergman serves individuals and families throughout San Mateo County with focused estate planning representation. Our office handles a full range of documents including living trusts, wills, powers of attorney, and health care directives, as well as trust administration matters such as Heggstad petitions, trust modifications, and pour-over wills. We prioritize clear explanations, careful drafting, and practical solutions that reflect each client’s circumstances. When clients contact our firm we listen to their goals, review assets and family dynamics, and design a plan that aims to reduce future disputes and administrative burdens for heirs and trustees.
Estate planning is the process of documenting your wishes about financial and health care decisions, asset transfers, and guardianship for minor children. Typical components include a revocable living trust to hold and distribute assets, a last will and testament to handle matters not covered by the trust, a financial power of attorney for management of assets during incapacity, and an advance health care directive to state medical and end-of-life preferences. Additional documents can include HIPAA authorizations, certification of trust for institutional use, and specific trust types such as special needs trusts and irrevocable life insurance trusts, depending on family and financial needs.
Creating an effective estate plan involves more than signing forms: it requires identifying assets, titling property appropriately, naming reliable trustees and agents, and anticipating potential family issues. A living trust can help avoid probate by holding assets that would otherwise go through court administration. However, complementary documents such as pour-over wills and beneficiary designations must be coordinated so assets pass as intended. Planning also considers tax implications, retirement plan distributions, and long-term care considerations. Regular review is important because life events like marriage, divorce, births, or changes in asset values can change the plan’s effectiveness and alignment with your goals.
A revocable living trust is a legal arrangement that holds assets on behalf of an individual during life and provides for distribution at death. A last will and testament sets forth back-up distributions and guardianship nominations for minors. A financial power of attorney appoints someone to manage your finances if you cannot, and an advance health care directive records your preferences for medical care and appoints someone to make health decisions. Each document serves a distinct function but works together as a cohesive plan. Proper funding of the trust and coordination with beneficiary designations are essential for the plan to operate as intended.
The planning process begins with a careful inventory of assets, beneficiary designations, and family circumstances. Next comes drafting documents tailored to your objectives, including trust provisions that control distributions, successor trustee appointments, and instructions for trustees. Funding the trust — changing the title of assets into the trust — is a critical step we assist clients with to prevent unintended probate. Other processes include preparing supporting documents such as certification of trust for financial institutions, executing HIPAA authorizations, and preparing pour-over wills. After completion, periodic review ensures the plan continues to reflect your wishes and legal changes.
Understanding common estate planning terms helps you make informed decisions. Words like trustee, beneficiary, probate, pour-over will, and power of attorney appear frequently in the planning process and have specific legal consequences. A clear grasp of these terms makes conversations about distributions, incapacity planning, and trust administration more productive. We take time to explain each term in plain language and to show how they apply to your documents. This foundation reduces surprises and helps family members and appointed agents carry out your wishes with confidence when the time comes.
A trust is a legal arrangement where one person, called the trustee, holds and manages assets for the benefit of others, the beneficiaries. A revocable living trust allows the grantor to manage assets during life and specify how those assets will be distributed after death. Trusts can include detailed instructions about timing of distributions, protections for vulnerable beneficiaries, and conditions for managing retirement plan proceeds. Trusts help avoid probate for assets properly funded into the trust and can provide a framework for continuity if the grantor becomes incapacitated. Proper drafting and funding are essential for the trust to function as intended.
A financial power of attorney appoints an agent to manage your financial affairs if you are unable to do so. This document can be broad or narrowly tailored and typically remains effective upon incapacity, allowing the agent to pay bills, manage investments, and handle banking matters. Choosing a trustworthy agent and clearly outlining expectations in the document reduces the risk of misuse and ensures continuity in financial management. The power of attorney works alongside a trust and other estate planning tools to provide practical protections and administrative ease when life circumstances prevent you from acting for yourself.
An advance health care directive allows you to state your medical treatment preferences and to appoint a health care agent to make decisions on your behalf if you cannot speak for yourself. It can address life-sustaining treatment, hospital choice, and end-of-life care, as well as comfort and palliative care preferences. A HIPAA authorization often accompanies the directive so medical providers can share records with your appointed agent. Clear, specific instructions and the selection of a reliable decision-maker help ensure that your wishes are followed and reduce uncertainty for loved ones during stressful times.
A pour-over will acts as a safety net, directing any assets not titled into your living trust at death to be transferred into the trust for distribution according to its terms. Wills also allow for guardianship nominations for minor children. Certification of trust is a shorter document used by financial institutions to confirm trust terms without revealing the entire trust. Other supporting forms like HIPAA authorizations and general assignments to trust complete the administrative picture. Coordinating these documents ensures assets are distributed smoothly and in alignment with the comprehensive plan.
Clients often choose between a limited document package that includes a basic will and simple powers of attorney, and a comprehensive trust-based plan that addresses probate avoidance, incapacity, and detailed distribution instructions. A limited package may be appropriate for individuals with straightforward assets and minimal probate risk. A comprehensive approach provides a broader set of tools to manage complex asset titling, retirement accounts, business interests, and long-term care planning. The right path depends on the value and character of your assets, the age and needs of beneficiaries, and whether privacy and probate avoidance are priorities for your family.
A limited document approach can be appropriate when your assets are modest, primarily held in accounts with beneficiary designations, and you have a straightforward family situation. If you own little real estate and have retirement accounts and life insurance that already designate beneficiaries, a will and powers of attorney may suffice. This route reduces upfront complexity and can be a cost-effective choice for individuals whose goals are limited to naming guardians for minor children and ensuring someone can manage finances and health care in the event of incapacity.
Some clients seek quick, practical documents to handle immediate administrative concerns, such as appointing a health care agent and granting someone authority to pay bills. For those with short timelines or few assets that would otherwise enter probate, a targeted set of documents meets the most pressing needs. Limited planning can be a starting point that provides important protections while leaving open the option to transition to a more comprehensive trust-based plan later when circumstances, asset values, or family dynamics change.
When you own real estate, business interests, or a mix of accounts that could be subject to probate, a comprehensive trust-based plan can provide greater control and privacy. Trusts allow assets to pass outside probate, preserving family privacy and often speeding the administration process. For property held in multiple jurisdictions or when beneficiaries include vulnerable individuals, trust provisions can protect inheritances and set out clear management instructions. A fully coordinated plan includes funding strategies, beneficiary review, and trust provisions designed to meet long-term family and financial goals.
A comprehensive plan is often needed when you are planning for minor children, dependents with special needs, or intending to provide long-term financial support that requires trustee oversight. Trust provisions can set ages or milestones for distributions, create protective spendthrift provisions, and designate successor trustees to manage funds. Specialized arrangements such as special needs trusts and irrevocable life insurance trusts can preserve benefit eligibility and manage tax considerations. Thoughtful drafting gives families a predictable framework for support and reduces the administrative burden on beneficiaries and fiduciaries.
A comprehensive trust-centered plan simplifies the settlement of your estate, often avoids probate for assets properly funded into the trust, and allows for continuity of asset management during incapacity. By naming successor trustees and outlining clear distribution instructions, trusts reduce delays and help prevent disputes among beneficiaries. This planning can protect privacy, limit court involvement, and provide a framework for tax and retirement account coordination. Additionally, tailored trust provisions address specific family goals like providing for children, preserving assets for future generations, and ensuring professional care if necessary.
Comprehensive plans also facilitate the management of complex assets such as closely held business interests and multiple properties, ensuring those assets are administered consistently with your intentions. Detailed planning reduces the chance of unintended consequences from poorly coordinated beneficiary designations or untitled property. It also allows for inclusion of provisions such as pour-over wills, certification of trust, and administrative instructions for trustees. For families seeking stability and clear directions for future administrators, a trust-based approach offers practical protections and a roadmap that beneficiaries can follow when the time comes.
One of the primary benefits of a properly funded living trust is avoiding probate for assets held in the trust. Probate can be time-consuming, public, and costly, whereas trust administration typically happens privately and can proceed more quickly. By directing assets through a trust, families avoid public court proceedings and can maintain confidentiality about distribution details. This privacy can be important for clients who prefer to minimize public scrutiny and provide a smoother, less stressful transition for beneficiaries during an already difficult period of loss and change.
A trust provides mechanisms for continuity of asset management if the grantor becomes incapacitated, allowing successor trustees to step in without court appointment. Paired with a financial power of attorney and advance health care directive, a trust-centered plan helps ensure financial obligations are met and medical decisions are made consistently with your wishes. These coordinated documents reduce the need for court involvement, protect assets from mismanagement, and provide family members with clear authority to act on your behalf when circumstances require immediate attention.
Begin with a thorough inventory of all assets, accounts, and beneficiary designations. Include bank and investment accounts, retirement accounts, life insurance policies, real estate titles, business interests, and digital assets. Review beneficiary designations on retirement plans and life insurance because those designations typically override instructions in a will or trust. Keeping an organized list and verifying that primary and contingent beneficiaries are current reduces the chance of unintended distributions. This preparatory work speeds the planning process and helps ensure documents you sign will have the intended practical effect when needed.
Selecting a trustworthy agent for powers of attorney and a reliable successor trustee is one of the most important decisions in planning. Consider the person’s availability, financial judgment, and willingness to serve. Naming alternate agents or co-agents can provide flexibility if your first choice is unavailable. Document expectations for trustees and agents clearly within the plan and communicate those choices with family members to reduce surprises. Clear instructions and thoughtful successor naming ease transitions and help ensure that appointed decision makers can act promptly when circumstances require.
Creating or updating an estate plan safeguards your wishes, reduces the chance of family conflict, and provides a plan for incapacity as well as death. Changes in family status, asset composition, or retirement accounts often necessitate revisions to documents. Life events such as marriage, divorce, births, or the acquisition of significant property like real estate can alter distribution goals and require adjustments in trustee appointments and beneficiary designations. Regular review ensures legal documents remain aligned with current laws and your personal objectives, offering peace of mind that your affairs are arranged for the future.
Updating an estate plan also addresses practical considerations such as naming appropriate guardians for minor children, protecting benefits for individuals with disabilities, and ensuring retirement plan assets are managed according to your intent. Changes in tax law, evolving family dynamics, and new financial arrangements like business ownership or relocation of property into different states can create unintended outcomes if documents remain outdated. Proactive planning reduces administrative burdens on loved ones at difficult times and helps preserve assets for intended beneficiaries through careful document coordination.
Certain life events commonly prompt people to create or revise estate plans, including marriage, divorce, the birth or adoption of children, significant changes in assets, or a family member developing a long-term disability. Purchasing real estate, starting a business, or inheriting property also make review important to avoid probate surprises and ensure proper titling. Aging clients who wish to plan for potential long-term care or incapacity benefit from having powers of attorney and health care directives in place. Addressing these circumstances proactively helps prevent disputes and keeps your wishes clear for those who will manage your affairs.
When a family grows through birth, adoption, or blended family arrangements, estate planning should be revisited to name guardians, update beneficiary designations, and adjust distribution provisions. Guardianship nominations within a will provide guidance if minor children require a caregiver, and trust provisions can set out funds for education, support, and gradual distribution. Clarifying these intentions in legal documents reduces the chance of family disagreement and ensures that children’s needs are addressed by the people you have selected to care for them in the event the unexpected occurs.
Acquiring, selling, or transferring significant assets such as real estate or business interests warrants a review of your estate plan to ensure those assets are held and titled in a manner consistent with your goals. Real property often triggers probate if left solely in individual title, whereas funding it into a living trust can preserve privacy and streamline administration. Business ownership raises questions about continuity and succession planning. Aligning legal documents with current asset ownership prevents unintended estate administration outcomes and helps facilitate efficient transfers to successors.
Health changes, cognitive decline, and the approach of retirement are common prompts to formalize plans for incapacity and end-of-life preferences. A financial power of attorney and advance health care directive allow appointed agents to manage finances and make medical decisions in a way that aligns with your wishes. Trust documents can also provide for ongoing care and management of assets if a long-term incapacity occurs. Addressing these matters in advance relieves family members from making emergency decisions without clear guidance and helps preserve dignity and continuity of care.
We are here to assist Atherton residents with planning documents, trust funding, and administration tasks that arise after a loved one’s passing. Our office helps prepare revocable living trusts, wills, powers of attorney, and advance health care directives, as well as related filings such as trust modification petitions, Heggstad petitions, and pour-over wills. We serve clients with a focus on practical outcomes and clear communication. If you need help coordinating beneficiary designations, retitling property into a trust, or addressing beneficiary disputes, we provide steady assistance and prepare documentation aimed at minimizing court involvement.
Clients choose our firm for a careful, client-centered approach to estate planning tailored to California law and San Mateo County practicalities. We emphasize clear explanations of available tools, thoughtful document drafting, and assistance with trust funding and coordination of beneficiary forms. Our goal is to produce plans that are understandable to clients and workable for trustees and agents who will administer them. We address issues like protecting inheritances for vulnerable beneficiaries and setting distribution parameters that match family objectives, while keeping the process as straightforward as possible.
Our practice assists with a broad range of estate planning matters from preparing standard living trusts and wills to more complex arrangements including irrevocable life insurance trusts, retirement plan trusts, and special needs trusts. We also handle post-death administration matters such as trust modifications and Heggstad petitions when appropriate. Throughout each matter we prioritize clear communication, thorough document preparation, and practical strategies to minimize court involvement and administrative burdens for families during times of transition.
When you work with our firm we take time to understand family dynamics and financial arrangements, and we provide guidance on naming agents, trustees, and beneficiaries who can carry out your wishes. We prepare supporting documents such as certification of trust and HIPAA authorizations to make interactions with banks and medical providers smoother. Our approach focuses on producing durable, practical plans that reflect your priorities and provide clarity for your loved ones when decisions and distributions are required.
The process begins with an initial consultation to review family circumstances, assets, and planning goals. We collect an asset inventory, discuss beneficiary designations, and identify concerns such as special needs or business succession. Next we draft a tailored set of documents and review them with you to ensure clarity and alignment with your intentions. After signing, we assist with trust funding and provide guidance on communicating your plan to trustees, agents, and family where appropriate. Periodic reviews help keep the plan current with life changes and legal developments.
In the first phase we gather detailed information about your assets, liabilities, family structure, and objectives for distributions and incapacity planning. This includes listing bank, investment, and retirement accounts, real estate, business interests, life insurance policies, and any existing estate documents. We discuss whether you prefer a trust-based or a simpler document package, and address concerns such as protecting inheritances for minors or vulnerable beneficiaries. Clear goal setting at the outset ensures the documents we prepare reflect your priorities and practical needs.
We review asset ownership and beneficiary designations to identify items that require retitling or coordination with the trust. Retirement plans and life insurance typically follow designated beneficiaries, so we ensure these align with your overall estate plan. Real property and certain accounts may need to be transferred into the trust to avoid probate. This review helps prioritize administrative tasks after the documents are signed and reduces the risk of assets being distributed contrary to your intentions due to inconsistent beneficiary forms or untitled property.
Choosing agents for powers of attorney and successor trustees for trusts is a key early decision. We discuss factors such as availability, geographic proximity, financial management ability, and willingness to serve. Naming alternates and outlining contingencies helps avoid gaps if a chosen individual is unavailable. Clear guidance on these selections reduces the likelihood of family disputes and ensures that the person managing your affairs understands the scope of their responsibilities. Documenting these choices carefully promotes efficient administration when the time comes.
Once goals and asset information are confirmed we prepare draft documents tailored to your needs, including trusts, wills, powers of attorney, and health care directives. Drafts are provided for your review with clear explanations of key provisions and choices. We make revisions as requested and ensure the documents are consistent with beneficiary designations and titling plans. This stage includes preparing supporting forms like certification of trust and HIPAA authorizations that financial institutions and medical providers often request to accept the plan without full disclosure of trust terms.
Clients review the draft documents with our guidance to confirm the plan accurately reflects their wishes and practical intentions. We explain distribution provisions, trustee powers, and the mechanics for successor management. This collaborative review helps tailor timing or conditions of distributions and clarifies any language that may be interpreted in multiple ways. Addressing questions at this stage minimizes the need for future litigation and supports a smoother administration process for trustees and beneficiaries when the plan becomes operative.
After finalizing the documents we arrange for proper execution and notarization according to California requirements. Signing ceremonies ensure all pages are correctly endorsed and that witnesses and notaries are present when necessary. We provide instructions for initial trust funding steps and deliver copies to clients and designated agents as appropriate. Proper execution is essential to the legal validity of the documents and helps avoid later challenges based on procedural defects or unclear signatures.
Funding the trust is the process of transferring ownership of assets into the trust so they are governed by its terms. This can include retitling real estate, updating account ownership for bank and investment accounts, and reviewing beneficiary designations. We assist clients with these administrative steps and provide certification of trust documents to institutions that require them. Ongoing maintenance includes periodic review after life events and assistance with trust administration tasks such as trustee transitions, trust modifications, and filings like Heggstad petitions when necessary.
We help prepare the paperwork financial institutions and title companies require to accept trust ownership, including providing a certification of trust and explanatory instruction letters. Retitling real estate and financial accounts into the trust often requires specific forms and recordings; our office coordinates with third parties to streamline that process. Proper handling of these details is essential to ensure the trust functions as intended and that assets do not unintentionally remain subject to probate after death.
Estate plans should be reviewed periodically or after major life changes such as marriage, divorce, births, deaths, or substantial changes in assets. We provide revision services and trust modification petitions when adjustments are needed to reflect new goals or circumstances. Regular reviews help maintain alignment between beneficiary designations, titling, and trust provisions. Updating documents proactively reduces the risk of unintended outcomes and ensures that appointed agents and trustees continue to be appropriate choices given evolving family dynamics.
A living trust holds assets during life and provides for their management and distribution at death, often allowing assets to pass outside probate if properly funded. A will governs the distribution of assets that remain outside any trust and allows for guardianship nominations for minor children. Trusts typically provide continuity of management during incapacity by allowing successor trustees to act without court appointment, whereas wills generally take effect only at death and often require probate to implement. Understanding how each document functions helps determine which combination best meets your goals and family circumstances. When planning, it is important to coordinate both documents so that a pour-over will captures any assets not transferred into the trust during life, preventing unintended intestate distributions. Whether a trust or a will is preferable depends on asset types, privacy concerns, and family complexity. A thoughtful plan will use both instruments as complementary tools, with clear instructions to minimize court involvement and administrative burdens for loved ones.
Avoiding probate typically involves placing assets into a revocable living trust, ensuring that titles are changed to the trust name and that beneficiary designations are consistent with the trust’s distribution plan. Accounts that allow payable-on-death or transfer-on-death designations and jointly titled property with rights of survivorship can also pass outside probate. Proper coordination prevents assets from remaining in an individual’s name alone at death, which would otherwise require court administration. It is important to review retirement account beneficiaries and life insurance designations because those designations generally control the distribution of those assets independent of a will. Working through the retitling and beneficiary coordination steps reduces the chance of assets unintentionally subject to probate and limits delay and public court involvement in estate settlement.
You should review and update estate planning documents after major life events such as marriage, divorce, birth or adoption of children, significant changes in assets, or the death of a named beneficiary or agent. These events often change your intentions or create new needs such as guardianship nominations or trust provisions for new family members. Periodic review every few years also helps account for changes in tax or estate law and evolving family circumstances. Updating documents ensures that beneficiary designations, titling, and trust provisions continue to reflect your wishes and prevents unintended consequences. When updates are needed, amendments or restatements can be drafted to preserve the original plan’s structure while incorporating necessary changes to keep the plan current and effective.
A financial power of attorney appoints an agent to manage financial matters on your behalf if you are unable to do so. This authority can include paying bills, managing investments, handling banking transactions, and overseeing property matters. Having a clear power of attorney in place prevents the need for court-appointed conservatorship and ensures financial obligations are met without delay if incapacity occurs. Selecting an agent involves considering trustworthiness, financial judgment, and availability. It is helpful to name successor agents and to provide guidance about your financial preferences to reduce the risk of conflicts. The document can be tailored to limit or expand authority according to your comfort level and objectives for continuity of financial management.
An advance health care directive allows you to record your medical treatment preferences and to appoint a health care agent to make decisions if you cannot speak for yourself. It can address life-sustaining treatment, pain management, and other medical choices, and is often accompanied by a HIPAA authorization so your agent can access medical records. This document helps ensure your medical wishes are honored and relieves family members from guessing what you would want. It is important to communicate your preferences and the identity of your appointed agent to family and medical providers. Clear, specific directives reduce confusion and support medical decision-makers in translating your wishes into practical treatment choices while promoting continuity of care consistent with your values.
Revocable living trusts can usually be modified or revoked by the grantor during their lifetime, allowing changes as circumstances evolve. Trust modification may involve amending specific provisions or restating the entire trust to reflect new goals or family changes. Some trusts include provisions limiting certain modifications, and irrevocable trusts carry restrictions that make changes more difficult, often requiring consent of beneficiaries or court approval depending on the terms and applicable law. Before attempting to modify a trust, it is important to review the trust instrument and consult with counsel to determine the appropriate process. Properly documenting changes ensures that the revised plan remains legally effective and that successor trustees and beneficiaries understand the current terms and intentions.
A special needs trust is designed to provide for the support and supplemental needs of a beneficiary who is receiving government benefits, without disqualifying them from those benefits. The trust can hold assets for the individual’s benefit while preserving eligibility for programs such as Supplemental Security Income and Medi-Cal. The trustee has discretion to provide goods and services that enhance quality of life without replacing government benefits. Careful drafting is required to ensure the trust meets program rules and protects the beneficiary’s eligibility. Naming an appropriate trustee and outlining permissible distributions helps preserve benefits while addressing the beneficiary’s long-term needs, which can provide security and continuity of care for families managing complex support issues.
Retirement accounts are often payable to named beneficiaries and typically bypass probate, so it is important to coordinate those designations with your overall estate plan. Beneficiary designations control the disposition of these accounts, and special rules may apply regarding required minimum distributions and how beneficiaries are required to take distributions. Naming a trust as beneficiary can be appropriate in some situations, but it requires careful drafting to avoid adverse tax or administrative consequences. Reviewing retirement plan beneficiaries periodically and considering the interaction between IRA rules and trust provisions is important to achieve the intended results. Working through these choices ensures retirement assets are handled in a way that supports your overall objectives and provides for heirs efficiently and predictably.
After a grantor’s death, a trustee should locate the trust document, secure trust assets, notify beneficiaries, and identify and marshal assets subject to the trust. The trustee has a fiduciary duty to act in the beneficiaries’ interests, manage assets prudently, and follow the trust’s distribution instructions. The trustee may need to obtain valuations, pay debts and taxes, and distribute assets according to the trust terms while maintaining clear records of all actions taken. Trust administration tasks often include preparing an accounting for beneficiaries, communicating timelines for distributions, and coordinating with financial institutions using certification of trust documents. Seeking guidance on specific duties and timelines helps trustees fulfill obligations and reduces the risk of disputes during the administration process.
Selecting the right person to act as trustee or agent involves evaluating availability, judgment, financial responsibility, and temperament for handling potentially sensitive family matters. Consider whether the person can devote time to the duties involved, their ability to work with other family members, and whether they understand the responsibilities and potential personal toll of the role. Naming alternates provides a contingency if the primary choice becomes unable or unwilling to serve. For complex estates, some clients appoint co-trustees or a professional institution to work alongside a family member to balance family knowledge with administrative capacity. Clear communication about expectations and compensation, when appropriate, helps ensure the person named can fulfill their duties effectively and that family members understand the reasoning behind the selection.
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