Despite the risks of their work, police officers are less likely than the average American to have estate planning in place, says a recent article from Police Chief, “The Perils of Neglecting Estate Planning.” For police officers, firefighters and first responders, estate planning is a gift that demonstrates their commitment to the family’s well-being, in addition to their dedication to the safety of the community.
Police officers need proper estate planning to ensure that loved ones are protected, both financially and legally, in the event of death or incapacity. Estate planning encompasses formal decisions and guidance regarding life insurance, retirement plans, child custody and care, trusts, guardianship for individuals with special needs, bequests, pensions, property and executorship.
If an officer has young children, it is essential to have a will naming a guardian who will take care of the children if the officer dies. Without a will and clear guardianship provisions, the state or court will make decisions that may not align with the officer’s wishes. The estate plan should include naming a person to oversee the children’s finances, which may be a separate role from their guardian.
If the officer has a disabled child, they can establish a Special Needs Trust to protect the child’s long-term financial position and care needs. An SNT allows a certain amount of assets to be available to the trustee for the benefit of the individual without putting any means-tested benefits at risk.
Without an estate plan prepared by an experienced estate planning attorney, the families of police officers may find themselves navigating probate, a complex legal process in which the court makes decisions about how assets are to be distributed. Probate can be a lengthy, expensive and stressful process. In addition, probate documents are public, which could put the police officer’s family at risk.
Estate planning tools, such as trusts, are used to safeguard assets from creditors or lawsuits, providing an additional layer of protection for the family. Future spouses of the police officer and the future spouses of their children can also be prevented from having access to assets held in a trust.
Personal property with emotional or financial value (or both) can be distributed through a will, helping to avoid family conflicts upon death. Families who are grieving for a loved one can attach a great deal of meaning to the most unlikely possessions. Preventing this with an estate plan can keep the family together during a difficult time.
Estate planning includes documents outlining health care decisions in case of incapacity. A Health Care Power of Attorney gives a trusted person the ability to make medical decisions. The Living Will specifies wishes regarding life support and end-of-life care, and a HIPAA release form allows access to medical records.
Estate planning with an experienced estate planning attorney offers peace of mind for the first responder and their family. Having clarity and certainty during a time of crisis is a gift to the family, leaving a legacy of caring.
Reference: Police Chief, Sandy Rao,(May 21, 2025) “The Perils of Neglecting Estate Planning”