Balancing Strict Confidentiality with Ease of Administration
At Catalyst Law, safeguarding our clients’ confidential information is not just a legal obligation—it’s a core value. Estate planning involves deeply personal information, and we’re committed to honoring your privacy while helping you ensure your plan is practical and effective when needed.
This article outlines how you can thoughtfully balance confidentiality with the ease of administration—particularly when it comes to sharing your estate planning documents with fiduciaries.
Why Estate Planning Confidentiality Matters
As estate planning attorneys, we uphold strict confidentiality under professional rules of conduct. Your documents and personal information are never disclosed without your written permission. However, we frequently encounter situations where having limited authorization to share key documents would have eased administration, especially during emergencies or after death.
Your Rights as a Client
- You are free to share your documents with any individuals or professionals you choose.
- You can always request a copy of your own estate planning documents while you are alive and have capacity to do so.
When to Consider Authorizing Access
1. During Lifetime Incapacity
If you become unable to manage your finances, access to your:
- Revocable Living Trust
- Durable Power of Attorney
…can empower your fiduciaries to act without court involvement.
2. After Death
Authorizing your fiduciaries to access:
- Your Will
- Trust Agreement
…can streamline the administration process and prevent costly document searches or court orders.
Reasons You May Choose NOT to Grant Consent
We understand that some clients have valid concerns about granting document access in advance:
Complex Family Dynamics. You may worry that one child or beneficiary could misuse sensitive information or create conflict.
Desire for Strict Privacy. If you are highly private, you may not wish to share documents even with trusted fiduciaries until absolutely necessary.
Control and Timing. Some clients prefer to limit access until after death or court-confirmed incapacity.
Trust Issues or Past Experiences. Prior breaches of trust may influence your decision not to release information prematurely.
Perceived Legal or Financial Risk. You may be concerned that shared information could be used inappropriately or increase exposure in legal disputes.
What Happens If You Don’t Authorize Access?
Without a signed Authorization to Release Information:
- Delays in administration may occur if your original documents are lost or inaccessible.
- Your estate planning attorney cannot confirm whether your file exists after your passing.
- Even your fiduciaries will need a court order to access your documents.
Next Steps to Ensure Your Wishes Are Honored
- Your confidentiality preferences are clear
- Make sure your fiduciaries know where to find your original documents.
- Consider whether to authorize your fiduciaries to access your file copies in the event of:
- Incapacity
- Death
Review your plan regularly to confirm:
- Your named fiduciaries (Trustee, Personal Representative, Agent) are still appropriate
- Your confidentiality preferences are clear
How to Update Your Authorization or Review Your Plan
To authorize your fiduciaries or check if you’ve already signed a release, contact Catalyst Law via:
- Via Online Interest Form
- Via Phone (to request mailed form)
You may also request:
- A Complimentary 15-minute Phone Consultation
- A Comprehensive Plan Review (60-min) with a Catalyst attorney
- A Written Plan Summary to help clarify and organize your documents
Why This Matters
Balancing privacy and access isn’t just a legal issue—it’s about honoring your intent and protecting your loved ones. Thoughtfully preparing your estate plan with confidentiality in mind empowers your fiduciaries and supports your long-term goals.
We welcome your inquiries regarding your estate planning confidentiality preferences. Call us today at 503-207-1711 or complete our Online Interest Form to schedule a Complimentary 15-Minute Case Evaluation or Plan Review.