Discuss Prospective Appointments With Those You Are Naming.

First ensure that the potential fiduciary is made aware of his or her role. While this may seem obvious, it is a step that many people neglect when naming fiduciaries and others. You should ask each person whether they have the time to devote to the role’s duties.  Understand and relate to the person what their responsibilities will be in the role. Ask a potential fiduciary or other appointee whether they are confident they can properly execute their role. The appointee should be clear as to what responsibilities and time commitments might be required of them before accepting the appointment.

What other potential issues may arise to confront the person you are naming for each role? You should endeavor to objectively discuss any issues that might already exist or that may arise at a later point with the prospective appointee. Not every family dynamic is so simple as the children sharing equally in the estate. The potential fiduciary may encounter a situation where there is inherent conflict. For example, you have three children and leave 70% of your wealth to one child, 30% to the second child, and nothing to the third child. That could create potential conflicts for the fiduciary to navigate. What if one of your heirs has a drug or other addiction? If so, the fiduciary you appoint will likely encounter difficulties, additional tasks, and responsibilities. Discuss whether these potential issues are manageable for the fiduciary.

What is the nature of your assets? Explain the specifics of any special assets and any challenges in the duties of the fiduciary those assets may create. 

You might name family and friends to various roles because you trust them and believe that they know your wishes and will be sensitive to your needs and goals. The person you consider may have a rapport with your children or other intended beneficiaries.  However, it is still advisable to have a discussion with the individuals named. First and most obviously, they should be aware of the appointment and not only find out about it when they are contacted to assume their role. That is inadvisable as the individual named may be caught off guard and may be wary of taking on a role that was never discussed with them. They will likely be better prepared and do a better job, especially initially, if the role they are going to be asked to assume is explained to them. An open and honest discussion may help secure more positive. Consider:

• An initial opener to the conversation with your prospective trustee or other appointee is asking them to serve and explaining your confidence in them and the immense help they will be to you and your loved ones. Most individuals like to help. They want to feel useful, and they will be flattered by the responsibility you are giving them.

• A key question for almost every role is what legal document appoints them, where the original is kept, and how and when they can get a copy of it. The legal document appointing each role is really an essential roadmap for each person you name.
• When you name someone to serve as your health care proxy and make medical and health care decisions, can they possibly know your wishes if you don’t discuss them? Will they know your preferences for care? How do you feel about experimental medical procedures? What religious beliefs do you want (or do not want) followed? You might also consider leaving a letter of written instructions to them in addition to a conversation so that they have that to remind them of your wishes.
• When you name someone as a guardian for your minor children, can they know what type of education, summer activities, religious upbringing, etc. you wish for them? They need input from you. A conversation and a detailed letter to them is important. And remember to update that letter as your children grow so that your guidance reflects their current circumstances.
• Whoever you name to serve in any of the various financial roles will benefit from knowing who you work with for banking, investment, and insurance matters. They probably need to know who files your income tax returns. It may be helpful to express your views on spending, investing, charity, and other matters to them.
• Anyone named may have questions about their role, the liability they face, whether or not they get paid, and how much time fulfilling the duties will take. 
• Non-professional people appointed may not understand that they can, and perhaps should, hire professional advisers to lessen the burdens they face, guide them in fulfilling their role and limit the potential liability they may be exposed to.  Even if your situation is simple or the dollars are not large, having one or more professionals (depending on the role involved) explain at least at the outset what needs to be done can be very helpful. The persons named may not understand that. If your situation is complicated, contentious, or involves large dollar amounts, it may be prudent for those you appoint to have ongoing professional guidance. Again, the people you appoint may not realize that initially and initial missteps could harm everyone involved.
• Explain to the prospective appointee that the trust (or your personal assets, if the individual is going to serve as an agent under a power of attorney) can pay for insurance, legal, and other professional fees, and they, in their role, should not be personally responsible for such costs. 

Informing those you may appoint to various positions in your estate plan and discussing their role and what you hope they would do is not an easy conversation. However, it could be vital to accomplishing your wishes. It may avoid the surprise when, years later, someone is requested to step into a legal position or act on your or your loved one’s behalf.