If You're a Single Parent, Here Are the Documents You Need to Keep Your Family Safe

Estate planning for the single parent involves many important considerations. Read on to learn more about the documents you need to keep your family safe should anything happen to you.

Ready to start your estate plan?

Trustpilot star rating bar
A woman researching about the documents needed to keep your family safe if you are a single parent.

Contents

Updated on: January 22, 2025
Read time: 7 min

Becoming a parent means more than just dealing with day-to-day responsibilities. It also means ensuring that your children are provided for in the event you are no longer able to care for them.

For single parents, such planning can feel even more pressing. Being a single parent typically means you alone must take the steps necessary to ensure that your children will be protected no matter what happens to you.

If you're a single parent, here are the documents you need to keep your family safe.

Importance of estate planning for the single parent

While you might be fit and in perfect health today, there's no way to predict the future. Estate planning is an important means of protecting your children's long-term well-being.

Regardless of your circumstances, your estate planning documents should ensure someone will be able to take charge if anything happens to you. While a single parent might be on their own for a number of reasons, such as divorce or death, attorney Eido Walny of Walny Legal Group notes that "the common thread in all of these situations, however, is the physical and financial well-being of the child or children involved."

Estate planning documents for the single parent

The following legal documents are important in creating a comprehensive estate plan that focuses on keeping your children safe.

1. Durable power of attorney. Also known as a financial power of attorney, a durable power of attorney authorizes another person, called your agent, to manage your financial affairs if you become unable to do so yourself.

For Walny, this document is invaluable for every single parent. "A well-drafted durable power of attorney covers everything from paying bills to collecting money to managing online accounts," he says. "The document is effective during life, so if the single parent is not able to manage their finances because they are incapacitated or simply unavailable, this document can help. Where there isn't a second parent to step in, the benefits of a durable power of attorney can be immeasurable."

Somita Basu, of Norton Basu LLP, agrees that the durable power of attorney is an essential document for single parents. "With a durable power of attorney, you name a trusted person to pay bills, make bank deposits, collect benefits, and handle other money matters on your behalf," she notes. "Without this important document, your loved ones will have to go to court to get a conservatorship to manage your financial affairs."

One key aspect of establishing a durable power of attorney is determining who to appoint as your agent. Basu advises that your agent should be someone you trust, who is honest, has common sense and is dependable. She also recommends choosing a backup agent in case the person you've chosen is unavailable or unable to step in as your agent when the time comes.

2. Advanced health care directive or health care power of attorney. Whether you opt for an advanced health care directive (also known as a living will), a health care power of attorney, or both, it's important to have at least one such document for situations in which you're incapacitated and in need of emergency medical care.

What's the difference between the two documents? With an advanced health care directive, you state your end-of-life care and treatment preferences in the event that you become incapacitated and unable to voice these preferences.

"A valid advanced health care directive makes sure that your wishes for medical treatment are followed and relieves the burden on your loved ones from having to decipher what medical attention you would want in catastrophic situations," Basu says. "By thinking and planning in advance, you can help to avoid conflict, regrets, and unnecessary expenses during a medical emergency. It's a difficult subject to think about, but both you and your loved ones will be grateful that you did, should the need ever arise."

A healthcare power of attorney, on the other hand, appoints someone you trust to make important medical decisions for you if you become incapacitated and can no longer make those decisions on your own. While each state may have different requirements for a healthcare power of attorney, Walny notes that the document generally deals with end-of-life medical decisions and is an important document for everyone, particularly single parents.

"Medical providers will not arbitrate these issues for various family members or interested persons," he says. "Doing a health care power of attorney will allow the parent an opportunity to not only decide who will make important health decisions for them when they are no longer able to do so, but will also give that nominated person the guidance they need to make good decisions with a clear conscience."

3. HIPAA authorization or waiver. The Health Insurance Portability and Accountability Act (HIPAA) prohibits the disclosure of patients' private medical information to anyone other than the patients themselves. This means your loved ones would be unable to obtain important medical information about your situation if you're ever incapacitated and unable to deal with the information on your own.

"In a single-parent situation, the dissemination of this information can be critical, both for the health of the parent, but also for the resulting ancillary care of the child or children involved when something happens to the parent," Walny says. "With this document, the parent would name a short list of people authorized to receive information. There is no agency created, so the people named cannot make decisions for the parent, but they can get access to critically important information."

Even though your advanced health care directive or health care power of attorney will likely include wording permitting the disclosure of your medical information, it's still a good idea to have a standalone HIPAA authorization or waiver. "It's not uncommon for medical facilities to refuse access to medical information without a standalone HIPAA waiver," Basu notes. "Make sure you have a standalone HIPAA waiver to allow your nominated agents and family members to have access to your medical information so they can speak freely with your health care providers in case of a medical emergency."

4. Will. A will is essential for the single parent because it not only dictates how your assets will be distributed in the event of your death but it can be used to nominate someone as your children's guardian.

"Remember that the court places a strong weight on your choice for a guardian of your children," Basu says. "However, keep in mind that, if you share custody with a co-parent, the court will likely consider the other parent a suitable choice for a guardian of your children when you are gone (assuming no violence or criminal issues involving the co-parent)."

What should you do then, if you feel that your ex is not the ideal person to look after your children when you're gone? Walny notes that if there's a reason why you don't want to nominate your child's other parent as guardian, you have the opportunity to state so in your will, in addition to setting out who you feel would be an appropriate guardian. He also suggests you name one individual, rather than a couple, to be the guardian. You don't want your children to be involved in a situation in which their guardians are going through a marital breakdown.

5. Living trust. Another useful estate planning document for the single parent is the living trust, also known as the revocable trust. "In its most basic form, a revocable living trust is just a legal contract that you make with yourself to create an entity to hold your assets," Basu says. "A revocable living trust can be set up so you can change it any time in your life (that's why they are called 'revocable'), and it can outlive you, manage your assets, and make sure that your family and friends get what you want them to have when you want them to have it."

Setting up a revocable living trust has a number of benefits. "While the trust generally cannot [address] issues of guardianship, it can do everything else that a will can do, and often does it better, faster and cheaper," Walny says. "Aside from the inherent benefits of a revocable trust, including probate avoidance, privacy, and other benefits, the most important benefit for a single parent is that it makes the establishment of trusts for minors private and outside of the probate forum." He notes that trusts set up within a revocable trust instrument avoid most of the problems of testamentary trusts (that is, trusts that are set up within a will), which can often make the living trust a better way of structuring trusts for children.

check
Provide for children and pets
check
Name beneficiaries
check
Make updates when life changes
Start my plan

Estate planning is an important tool for single parents wishing to protect their families in the event anything happens to them. Having a set of well-drafted and properly executed legal documents to provide for your children's future care will give you peace of mind that can be truly invaluable.

Ready to start your estate plan?Start My Estate Plan
Twitter logoFacebook logoLinkedIn logoReddit logo

This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

69 days ago
Trustpilot star rating bar

legal zoom is the way to go

The representative was very knowledgeable about how long it takes to transfer a deed from one person to the next he explained everything and he was very pleasant when speaking to him

Ross
69 days ago
Trustpilot star rating bar

I find that LegalZoom has all the…

I find that LegalZoom has all the answers if you're starting a business an LLC and incorporation or you're doing a trust or a Will. These are the people you want to trust don't go to an expensive attorney you're just throwing your money away. Legal soon gets five stars!

Sean Christopher
69 days ago
Trustpilot star rating bar

I spoke to the representative today about a Trust...

I spoke to the representative today regarding a question about an existing Living Trust. She was very helpful - told me exactly what I needed to know and how to accomplish it. As a representative in the Financial field I guide clients all the time on where to get documents done right - and its always LegalZoom - easy and effecient!

Gareth
78 days ago
Trustpilot star rating bar

We could not be more Pleased with the…

We could not be more Pleased with the help and service we had during the up dating of our Living Will and Advanced Directive

Richard Poulton
81 days ago
Trustpilot star rating bar

Legal Assistance for the rest of us

Legal Zoom has made it easy and affordable for us to create an LLC, a Will, and a Trust for our families.

K Chapman
84 days ago
Trustpilot star rating bar

pleasant and willing representatives…

pleasant and willing representatives ready to help me navigate through your system and supply attorney contact information for my legal questions for my last will & testament

Mark Impink
84 days ago
Trustpilot star rating bar

LegalZoom .com has exceptional, real, staff to help. I met one!

I purchased multiple accounts to update both our Living Wills and Estate Plans. After utilizing LegalZoom.com’s user-friendly and intuitive platform for these legal documents, I found it necessary to call for clarification on some information within our account. I spoke with Sandra Balderas, who expertly addressed the mistakes I had inadvertently made. Her professionalism and friendliness greatly enhanced the experience. I realized that LegalZoom is not only a straightforward website to navigate for such complex matters, but it also boasts exceptional employees. Thank you, LegalZoom.com, and especially Sandra Balderas, for guiding me through the process. I’m thrilled to have discovered LegalZoom.com.

Max -Phoenix, Arizona
84 days ago
Trustpilot star rating bar

Sarah was most helpful today regarding updating my estate plan

Sarah was most helpful today regarding updating my LZ docs created 3 years ago. She made sure I had all the information I needed, not just what I asked for. Thank you Sarah!

Diane Floyd
90 days ago
Trustpilot star rating bar

Quick and easy experience creating a…

Quick and easy experience creating a will package.

Kristin Steel
95 days ago
Trustpilot star rating bar

Used them past 10 years

Used them past 10 years. I needed another will and power of attorney.

MERLYN C
95 days ago
Trustpilot star rating bar

Tammy was wonderful and very…

Tammy was wonderful and very knowledgeable. It's because of her that I am going to open a living trust with legal zoom. She was great. Thank You

Erin
103 days ago
Trustpilot star rating bar

Pleasant Experience

Patience and weel given explanation about the process of how a "Living Trust" & "Deed" works after transitioning and guidance on how to contact an attorney whenever I need legal advice.

Sharron Martin
105 days ago
Trustpilot star rating bar

It was a breeze to deal with Legalzoom…

It was a breeze to deal with Legalzoom and finished my estate plan within an hour!! Thanks again

BT
109 days ago
Trustpilot star rating bar

Great team…

Mark and Legal Zoom make estate planning affordable and attainable.

Christopher Maginnis
141 days ago
Trustpilot star rating bar

Living Will & Forming my LLC

I have used Lega Zoom for several items, including my living will and items to form my LLC for my business. It's fast, easy, and thorough. The customer service is fantastic! I am working with David on a few items for my will,l and he has been a delight. He follows up when he says he will and is incredibly helpful. I highly recommend this company.

Kristen J
153 days ago
Trustpilot star rating bar

Nadia made it very easy for me to make…

Nadia made it very easy for me to make a decision to sign up and create my estate planning documents with legalsoom. She was very professional and knowledgeable about the package that I chose. She also offered her direct contact for any future questions I might have.

Melita D'Anna
162 days ago
Trustpilot star rating bar

Kylie helped me to review my history of…

Kylie helped me to review my history of trying to complete my estate plan and contacting a legal advisor that comes with my account. She was patient, knowledgable, and helpful.

Paula
166 days ago
Trustpilot star rating bar

I have worked with Mark Champ on… Last Will & Testament, Living Will, Quit Claim Deed

I have worked with Mark Champ on several documents I needed and every time he has provided me with every thing I needed and with so much graciousness and knowledge. It has always been such a pleasure working with Mark!!!!!!!!!!!!!

Cathy Donaldson
201 days ago
Trustpilot star rating bar

Most Dedicated Representative!

Patti Green was the most informative person in guiding me through the process of completing my estate plan . She was always there for me to answer my questions and give excellent advice . Also , she was very polite and considerate ! Legal Zoom is so fortunate to have Patti on their team . Thank you , Patti for all of your assistance and kindness !

Priscilla Page
279 days ago
Trustpilot star rating bar

Patti Green is GREAT!

Ms. Patti Green walked me through the Estate Planning process. She was very professional, patient and kind. Planning for when you are no longer here is very intricate and difficult. Working with Ms. Green helped give the assurance that I am doing the right thing for myself and loved ones.

TRINESSA
Rated4.6out of 5 based on23,866+ reviewson

Showing our favorite reviews