Today, I saw a posting about doing one’s will and trust online:

“What about going to www.SuzeOrman.com and clicking “will and trust kit” on the left side of the screen. She said on a recent show to use the password “peoplefirst” to get the documents for free.  I bought this package at a KPBS fundraiser a few years ago and it’s the one my family is using. “

After a certain knee-jerk emotional reaction, I decided that I’d better check out the Suze Orman package before I criticized it.  After all, she’s strongly in favor of estate planning (a position I certainly agree with), and I’ve quoted her admonitions for years to clients.  I certainly would select Suze Orman over, say, legalzoom.

So I went online to check out her program.  I spent about 20 minutes on her site, enough to complete her Advance Directive and Durable Power of Attorney for Health Care (part of any attorney’s basic estate planning package).  I used it as any person would, filling in the form with my personal information and printing out the final document at the end.

 Aside from inputting personal information (address, phone, etc), the program only asked me to make a single decision: (1) to forbid organ donation or (2) to let my agent decide whether or not to donate organs.

 Here are my issues with the document I printed out: 

 1.  Organ Donation – the only choices were ‘no’ or ‘let my agent decide’.  The majority of my clients want to permit donation, but restrict donation to live transplants – otherwise you could end up used for scientific research or education.  Don’t you want a say as to whether you end up as an object for UCSD med students?

2.  No ability to input social instructions.

3.  No instructions regarding nursing care.

4.  No religious instructions.

5.  No burial/cremation instructions.

6.  No specific authority for your agent to select a primary care physician (and what will happen when your health coverage changes?)

7.  Most importantly, only two possible texts for end-of-life decisions (the ‘keep me alive at all costs’ text and the ‘let me die if the burdens of treatment outweigh the benefits of treatment’ text).  I provide my clients with an initial range of five choices, and then modify the texts to personally suit their wishes.

 Someday I’ll go back and do the living trust portion of the kit.  But if there are such large holes in a relatively simple document like a health care directive, what exists in a revocable living trust?  How about distribution to the children?  Do you want them to inherit at age 18?  Can you insert a Spendthrift Provision so they can’t pledge their inheritance as collateral against a loan?  What if you want to treat the children differently from each other?  Can you make sure your brother Egbert with the marijuana plantation isn’t named as the children’s guardian?

 I’ll leave you with Ms. Orman’s own words on the subject, from her disclaimers:

 “NOTHING HEREIN IS OR SHOULD BE DEEMED TO BE LEGAL ADVICE, TAX ADVICE, ESTATE PLANNING ADVICE, OR ADVICE OF ANY TYPE REQUIRING LICENSING OR AUTHORIZATION UNDER ANY STATE OR FEDERAL LAW OR REGULATION.”  (Capital letters by Suze Orman)

… and …

“No book or form of other published material is a substitute for personalized advice from a knowledgeable lawyer licensed to practice law in your state. THEREFORE, CONSULT YOUR ATTORNEY.” (Capital letters by Suze Orman)