Estate planning is often misunderstood by Nevada residents as to how the various roles assigned to individuals with differing responsibilities function. Kris Jenner, the Kardashian clan matriarch, illustrated this when she stated that Caitlyn Jenner was no longer the executor of her living will. Even though Caitlyn had been appointed as executor of her last will and testament, a living will is an entirely different document.
What Kris Jenner meant was that Caitlyn would no longer be the agent under her living will, a document that allows another party to make health care choices such as whether she would remain on life support and what lifesaving measures were to be authorized. The authority of the will executor would not be a relevant factor in such a decision, because an agent’s power under a living will takes effect when the principal is unable to make health care decisions due to incapacity. A will executor’s duties begin upon the testator’s death.
Lamar Odom’s estrangement from Khloe Kardashian has brought this distinction back into the public eye, as Kardashian retains the authority to make decisions regarding Odom’s health care issues while the divorce case makes its way through the California court system. She will likely be able to speak for Odom in health care matters until their on-again off-again divorce gets resolved.
An attorney assisting a client in putting together a comprehensive estate plan may often point out that a basic will is just a foundation. Other documents, such as a living will as well as a power of attorney that would give a trusted agent the authority to make financial decisions in the event of the principal’s incapacity, can also be important.