Question: Six years ago, my husband and I went to a lawyer who prepared our wills, powers of attorney, and health directives. After we had signed everything, he gave us a copy of each document, and my husband asked what would happen if we needed the originals. Our lawyer told us he would put the original copies in his safe deposit box, and that if anything happened to us, we could call to get them. I remember him saying “I ain’t going anywhere.”

Recently, my husband had a serious stroke and was hospitalized, and I could not access some of his bank accounts and his IRA with the copy of the power of attorney that I thought was valid. So I called the lawyer, only to learn that he was no longer with the firm, had taken his files with him, and had moved to another state four years earlier. The firm had no record that we were ever there or of our wills or powers of attorney. Frantic, I asked my son to search to try to find this man. Long story short, the lawyer had died two years before, and when I contacted his widow, she had no idea where his files were. My husband is incapable of signing another power of attorney or will, and I live alone. I am 74, and am having my son write this for me. Is there any way I can find out what happened to our documents? What do other people do in situations like this?

Answer: Under the circumstances, we doubt that you will be able to find your originals, and this could place undue burdens on you and your family. Because the legal ramifications of not having original documents may vary from state to state, and because the issues can not be sufficiently dealt with in the space we have here, suffice it to say that to gain access to funds in your husband’s name, you will probably have to make application in your local probate or surrogate court for conservatorship over your husband’s assets. By so doing, you will become your husband’s fiduciary and may well have to get court approval to take funds in his name and use them for your benefit. And you will have to make accountings. That’s why the power of attorney is so important and, in our view, should be recorded with the public records of your county of residence after execution, even if the signator is not incapacitated. Otherwise, the original may “disappear”, even if you have it, and the result would be the same.

In most states, you should be able to use a copy of your husband’s health directive without incident, but his will may well be a different story because the laws about submitting a copy of a will to probate after a death vary from state to state. That said, since you never had the original and you know that your husband did not sign another will, you still may be able to probate his will – again depending on the law of your state. If not, your husband’s probate asset will pass under your state’s statute, which may leave you owning your home with your children.

Taking the NextStep: Here are some tips about document management and storage:

Your Will: (1) Generally speaking, do not leave your original will with your lawyer unless you are given a receipt and you trust that the firm will be there. As you have discovered, lawyers may change firms or move and, in the process, your documents may be lost. That's why it's best to take your original will with you. (2) Place your original will in your own safe deposit box or in another safe place, and tell the person you choose as personal representative or trustee where you are keeping the original. You may wish to send a copy of your will to those whom you have chosen as fiduciaries. (3) You may want to sign duplicate original wills – that is, two originals at the same time in the lawyer’s office. You may leave one duplicate original in the lawyer’s safe and take the other with you. Or give one to your personal representative and keep the other safe. Check the law of your state about duplicate original wills before you act. 4) Because life changes (death of a fiduciary, divorce, death of a beneficiary, change in your economic circumstances, etc.) require changes in your documents, you should review your will every time there is a change or at least every five years.

Health Care Documents (living will, durable health care power of attorney, medical directive, etc.): (1) Keep the original in a conspicuous place in your home - not in your safe deposit box because these documents need to be readily accessible. (2) Discuss your wishes with your family and health care providers. If you have chosen a health care agent, make sure to discuss your wishes in detail. (3) Send photocopies of your health care documents to your doctors, relatives, and close friends so they will know your wishes.

Your Durable Power of Attorney: This is one of the most important documents elderly Americans can sign. Generally, it will keep you out of expensive conservatorship proceedings, and should allow you to handle financial matters so long as it is properly drafted. The original should be recorded so there is a public record of the document, and if there are changes or a revocation, these also should be recorded.