Estate planning isn't just for the rich or the elderly. Anyone can die or become incapacitated — and without the right legal documents in place, your family and loved ones may be left struggling to make important decisions and paying thousands of dollars in legal fees.

There's one simple estate planning move anyone can make to help your family avoid costly and time-consuming court battles, says Zach Wiegand, an attorney at Gold Leaf Estate Planning in Burnsville, Minnesota. 

"Everyone over the age of 18 should have a health-care directive," Weigand says. 

Simply put, a health-care directive — otherwise known as an advance directive — is an umbrella term for legal documents in which you name a specific person to make decisions about your health care if an injury or illness renders you unable to do so. 

Without these documents, the state decides who will make medical decisions on your behalf, which may not be the person you want.

"If something happens to you, your parents can't just step in; they need legal authority," says Eido Walny, attorney and founder of Walny Legal Group in Milwaukee. That's why a health-care directive is so important, he says.

This is also critical to have if you're engaged, in a same-sex partnership or wish to appoint a close friend to make health-care decisions on your behalf.

Without a health-care directive, your loved ones may have to petition the court for guardianship, which might require them to "pay thousands of dollars for an attorney to go to court," Weigand says. The process could go on until you either recover or pass away.

"That can be a huge burden on a family," Weigand says. 

How to complete a health-care directive for free

A health-care directive consists of a living will and a health-care power of attorney. Although the exact definition of each varies by state, a living will generally explains your health-care wishes, particularly concerning end-of-life care. A health-care power of attorney names an individual to make health-care decisions on your behalf, whether or not your condition is terminal. 

Good news: You don't have to spend hundreds of dollars to put these documents in place. The National Alliance for Care at Home and AARP both offer free health-care directive forms for every state that you and your loved ones can complete and print out in minutes.

Once completed, most states require your health-care directive to be either notarized or signed in front of witnesses. No matter your state's specific rules, the National Institute on Aging recommends that you provide copies of your health-care directive to your chosen health-care proxy, family members and doctor.

Most hospitals also provide free health-care directives upon request, says Weigand. They'll place a copy in your medical records to make sure it is honored in an emergency.

If you would rather have someone else handle this planning for you, Walny recommends scheduling a consultation with a local estate planning attorney to understand all of your options.

"Many estate planning attorneys are happy to sit down with you [to discuss your health-care directive] and not charge you for it," Walny says. "Having that conversation can be very, very helpful, and if you don't like the fee, you can walk away."

An attorney can also help you complete a durable power of attorney, which allows a loved one to pay your bills and manage your finances should you become incapacitated.

"If you're in a coma in the hospital, and someone needs to access your bank account to pay your cell phone bill or pay your rent, having a power of attorney document in place is really important," Weigand says.

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