Family Basics — Will + Healthcare Directive + HIPAA document pack

Three documents handle most of what an attorney's $500/hour estate intake produces. They are not glamorous, they are not optional, and the people who skip them leave their families to sort it out at the worst possible moment.

Who this pack is for

You're an adult who has been putting off the estate paperwork because you thought it was complicated, expensive, or only for people who own a lot. None of those are true for the bottom of the estate-planning stack. The three documents in Family Basics — Last Will and Testament, Healthcare Directive, and HIPAA Authorization — are the documents almost every adult needs and almost no one has. The pack drafts all three from a single intake so you fill in your details once and walk away with the foundational set: who inherits, who decides if you can't, and who can get your medical records.

When to use it

Most people never have a 'good time' to do this — the right answer is to do it now. Triggers that should push it to this week: you just had a child, you got married or divorced, you're scheduled for surgery or starting cancer treatment, you took a job with travel risk (foreign deployment, frequent flyer, oil rig), you bought your first house, a parent or close friend died without a will, you're about to turn 50. None of those are required; the documents are valid the moment you sign them with the right witnesses, and they live untouched until they're needed.

What it doesn't cover

Family Basics is the floor, not the ceiling. It does not include a financial power of attorney (lets someone pay your bills if you're incapacitated — separate document), a durable POA, a revocable living trust (used to avoid probate, advisable for estates over ~$150,000 in many states or for owners of real estate in multiple states), beneficiary designations on retirement accounts and life insurance (which override your will and need to be updated separately), or any business succession planning. It also does not address blended families with potential conflict, special-needs beneficiaries (who need a special-needs trust to avoid losing public benefits), or estates likely to face federal estate tax (over $13.61M in 2024). For any of those, this is your starting point — talk to a probate attorney for the next layer.

State-specific notes

Rules vary by jurisdiction. Below are notes for the states where family basics — will + healthcare directive + hipaa runs into the most variance. If your state isn't listed, default to your state's tenant-rights handbook or local legal aid.

Louisiana (LA)

Louisiana is the one state where the Will portion of Family Basics requires a notary in addition to two witnesses, due to the state's civil-law (Napoleonic Code) heritage. The Healthcare Directive and HIPAA portions follow the standard rules. Have a Louisiana notary present at the Will signing.

La. Civ. Code art. 1577 (notarial testament) →

California (CA)

California publishes statutory forms for both the Will (no specific form required, but Cal. Prob. Code § 6240 statutory form is widely used) and the Healthcare Directive (Cal. Prob. Code § 4701). Witnesses for both: two adults present together, neither a beneficiary, neither your healthcare provider for the directive. HIPAA is federal — same form everywhere.

Cal. Prob. Code § 6240 (statutory will form) →Cal. Prob. Code § 4701 (advance directive form) →

New York (NY)

New York treats healthcare proxy and living will as separate documents — Family Basics covers both via the directive. New York also recommends a self-proving affidavit for the Will, signed before a notary, so witnesses don't have to appear at probate court years later. Worth the extra five minutes at signing.

NY EPTL § 3-2.1 (will execution) →N.Y. Pub. Health Law § 2980 (healthcare proxy) →

Texas (TX)

Texas requires two adult credible witnesses for the Will (Tex. Est. Code § 251.051) and for the Directive to Physicians (Tex. Health & Safety Code § 166.033). At least one Directive witness must be unrelated and not a beneficiary. Self-proving affidavit before a notary is strongly recommended for the Will.

Tex. Est. Code § 251.051 →Tex. Health & Safety Code § 166.033 →

Florida (FL)

Florida requires two witnesses for both the Will and the Directive, signing in each other's presence and yours (Fla. Stat. §§ 732.502, 765.302). Self-proving affidavit before a notary recommended for the Will. Florida does not recognize handwritten Wills made in Florida — sign the typed Family Basics versions with proper witnessing.

Fla. Stat. § 732.502 →Fla. Stat. § 765.302 →

Common questions

Why these three documents specifically?

Each handles a different scenario. The Will controls what happens after you die: who inherits, who's the executor, who's guardian for minor children. The Healthcare Directive controls what happens while you're still alive but unable to decide for yourself: who speaks for you medically, what treatment you want or don't. The HIPAA Authorization controls who can access your medical records — needed because your healthcare agent often can't actually get records without it. Together they cover dying, being incapacitated, and being privacy-blocked, which is most of the bad scenarios.

Should I notarize all three or just sign in front of witnesses?

Best practice: two adult witnesses for all three, plus a notary if convenient. Most states accept either witnesses or notary for the directive; for the will, witnesses are required and a self-proving notarial affidavit is optional but strongly recommended. The HIPAA release does not require a notary or witnesses by federal law, but having a witness signature gives the receiving provider confidence the signature is real. Doing all three at once with two witnesses and a notary present takes 20 minutes and saves your family from having to track down witnesses later.

Where should I store these?

All three together, in a place your executor and healthcare agent can find without a court order. A fireproof box at home is the standard answer; tell your executor and agent the location and how to open it. Avoid bank safe-deposit boxes — depending on state law, the bank may seal the box on death. Give your healthcare agent a signed copy of the Directive and HIPAA release; give your primary care doctor copies too. Some states allow pre-death deposit of the will with the probate court, which is the most secure option.

How often should I update them?

After any major life event: marriage, divorce, birth or death of a beneficiary, move to a new state, significant change in assets. The HIPAA release expires on its own date (you set it). The Will and Directive don't expire but should be reviewed every five years to make sure named people are still alive, still appropriate, and still know they've been named. Use the same Family Basics intake to redraft — the new versions explicitly revoke the old ones.

What about a financial power of attorney?

Worth having, especially as you age or face a medical procedure. A durable financial POA lets a named agent pay bills, access bank accounts, and manage your finances if you become incapacitated. It is not in Family Basics because POAs vary significantly by state and a sloppy one can do more harm than good (banks routinely reject older or non-state-form POAs). For the financial POA, use your state's statutory form or work with an attorney; the Family Basics Healthcare Directive only covers medical decisions, not financial.

Do I need an attorney to look these over?

Not for most simple situations. The pack is built to standard, witness-friendly language and includes a self-proving affidavit for the Will where applicable. An attorney review (one hour, often $150–$300) is a good investment if your estate is over $500,000, you have minor children with a guardianship that needs careful handling, you're in a blended family, or any beneficiary has special needs. For most starter estates, signed and properly witnessed Family Basics documents are valid and effective.

What if I want to update only one of the three?

You can. Each document is independent. To replace the will alone, draft a new will that explicitly revokes prior wills (the pack does this) and destroy the old one. To replace the directive, sign a new one and tell your agent and doctor; the most recent valid directive controls. The HIPAA release is provider-specific anyway and you'll often have several active at once for different providers.

Sources

Primary legal sources cited above. These link to free, public versions of the statutes, regulations, and case law referenced in this pack.

HIPAA Privacy Rule — 45 C.F.R. § 164.508

Pike provides plain-language legal information, not legal advice. State and local rules change. If money, custody, or your housing is on the line, talk to a licensed attorney or your local legal aid office.