When creating your estate plan, it’s important to name backup decision makers in case your primary choices can't act. These individuals, often called substitute decision makers, step in when the people you've appointed are unavailable, unwilling, or unable to fulfill their roles. This article explains the types of substitute roles you can assign, why they matter, and how to plan effectively.
What is a substitute decision maker?
A substitute decision maker is a person you appoint to act as a backup or secondary authority for one of your key roles. They only step in if the primary person cannot carry out their responsibilities due to death, incapacity, refusal, or unavailability.
Substitute roles apply to:
Executor: You can name an alternate executor to administer your estate if your primary executor is unable to act.
Attorney for property or personal care: You can name alternate attorneys to manage your finances or healthcare decisions if your original choice is unavailable.
Guardian for minor children or pets: You can name backup guardians to ensure someone trustworthy is always available to care for your dependents.
Why are substitutes important?
Even with careful planning, life circumstances change. A substitute ensures your wishes are still followed if your first choice is no longer able to serve.
Reasons your primary choice might be unable to act:
They move abroad or become unreachable
They decline the role due to personal, health, or legal reasons
They pass away or become incapacitated
Appointing a backup can avoid unnecessary delays, court appointments, and stress for your loved ones during an already difficult time.
Co-decision makers: Are they the same as substitutes?
Not quite. Co-executors or co-attorneys are appointed to act together, whereas substitutes are appointed to step in only if the primary cannot act.
Willful does not currently support naming co-attorneys, but you can appoint co-executors and multiple backups for each role.
Tips for naming substitute decision makers
Choose someone trustworthy: They may need to act under pressure and make time-sensitive decisions.
Communicate your wishes: Talk to your substitute and ensure they understand your values and expectations.
List backups where allowed: Willful allows you to name alternate executors, attorneys, and guardians.
Don’t leave it blank: If no backup is named and your primary choice can’t act, the court may appoint someone instead.