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One in three U.S. workers reportedly has no legacy plan in place, according to a 2026 Aflac survey. The finding points to a practical gap: many people believe wills, powers of attorney and healthcare directives matter, yet have not completed all of them—or have not told relatives where the documents are stored. A legacy plan is a set of legal, financial and communication decisions that lets trusted people follow your wishes during incapacity and after death.
What the one-in-three finding actually says
The headline comes from Aflac’s 2026 Life Insurance and Legacy Planning Study, not from a government census of every U.S. worker. Aflac and Kantar Profiles Division surveyed 1,000 employed U.S. adults from May 29 through June 9, 2026. The release reports the results for that surveyed group; it does not publish the recruitment method, response rate, weighting, complete questionnaire or a margin of error. Treat “one in three” as a reported survey finding, not a precise count of all U.S. employees.
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Aflac uses “legacy planning” broadly. It means arranging for your wishes, finances and important decisions to be managed according to your preferences if you become ill, lose capacity or die. The release gives a last will and testament, power of attorney and advance healthcare directive as examples. These documents solve different problems, so having one does not mean you have a complete plan.
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The survey found that respondents generally recognized the importance of planning documents more often than they reported completing them. The percentages below are separate measures among the 1,000 employed U.S. adults surveyed in 2026; they do not show how many people had all three documents.
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| Planning item | Said it is important | Reported having completed or having it in place |
|---|---|---|
| Last will and testament | 77% | 57% |
| Power of attorney | 71% | 50% |
| Advance healthcare directive | 67% | 54% |
The largest gap in the table is for powers of attorney: 71% called one important, while 50% said they had completed one. A will is also not a substitute for a power of attorney or healthcare directive. A will normally controls the distribution of property after death; powers of attorney and healthcare directives help someone act or make decisions while you are alive, including during incapacity. The legal effect, signing rules and available forms vary by state, so use documents that comply with the law where you live.
What belongs in a practical legacy plan
A will for property and guardianship instructions
A will states who should receive property that passes through probate and can nominate guardians for minor children. It may not control assets that pass by beneficiary designation, joint ownership or certain trusts. Review retirement accounts, insurance policies and payable-on-death accounts separately so their beneficiary records do not conflict with your wishes.
A durable financial power of attorney
This document appoints an agent to handle financial matters such as banking, bills, taxes or real estate if you cannot act. State law determines whether the authority is durable, when it starts and what formalities apply. Choose someone reliable and consider naming a successor agent.
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Healthcare directives communicate treatment preferences and identify a healthcare decision-maker for periods when you cannot speak for yourself. A healthcare proxy, living will or combined form may be used depending on state terminology. Give a copy to your clinician and the person you appoint, and ask how the directive is entered into your medical record.
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Instructions and an information map
Legal forms work better when your family can locate them and understand your practical wishes. Keep an inventory of accounts, insurance, property, recurring bills, digital assets, business interests and professional contacts. The inventory can be a secure paper file or encrypted digital record; it should not expose passwords in an unsecured document. Include the location of originals and any access instructions for your executor or agent.
Beneficiary and insurance decisions
Life insurance can provide cash to beneficiaries, but a policy by itself is not a legacy plan. Check beneficiaries on insurance, retirement and investment accounts after marriage, divorce, a birth, a death or a major change in your wishes. Coordinate these designations with your attorney’s advice about your will and any trust.
Why people postpone planning
Aflac’s release identifies uncertainty about where to start, perceived complexity, cost concerns and discomfort discussing death as barriers. More than half of surveyed respondents said simple, step-by-step guidance would make them more likely to complete important estate-planning activities; the release does not state an exact percentage.
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These barriers often reinforce each other. Someone who is unsure which form applies may fear paying for the wrong service, while a family that avoids the subject may not know who is willing to serve as agent or executor. Start with a short conversation and an inventory rather than trying to solve every legal issue in one sitting. A licensed attorney can identify state-specific problems that a generic form or workbook may miss.
Why storage and communication are part of the plan
Among respondents who had documented end-of-life preferences, 38% did not believe their loved ones knew exactly where to find those documents. A signed form that no one can locate may be functionally unavailable when a hospital, bank or court needs it.
Use a location that is secure but reachable by the right people. Tell your appointed agent, healthcare proxy and likely executor where the originals or certified copies are kept. Explain how to obtain access without broadcasting private account details. If you use a lawyer’s vault, institutional service or encrypted storage, record the retrieval procedure and keep it current. Recheck the location whenever you move, change advisers or replace a document.
How to create a legacy plan step by step
- List the people and decisions involved. Identify who could manage money, make healthcare decisions and settle your estate. Ask each candidate before naming them, and choose alternates.
- Make a financial and account inventory. Record banks, investments, retirement plans, insurance, real estate, debts, business interests, digital assets and recurring obligations. Note the institution and account type without placing full passwords in the inventory.
- Check beneficiary designations. Request current confirmations from insurers, retirement custodians and financial institutions. Correct outdated names and coordinate the designations with your broader estate plan.
- Obtain state-appropriate documents. Use an attorney or a service that clearly covers your state and explains who prepares or reviews the documents. Confirm signing, witnessing and notarization requirements before execution.
- Execute and store the originals. Sign in the required manner, obtain copies and place originals where they will remain accessible during an emergency. Keep a list of document dates and where each item is held.
- Share the essentials. Give your agents, healthcare providers and likely executor the information needed to act. You can share the location and roles without distributing your entire financial file.
- Review after major changes. Revisit the plan after marriage, divorce, a child’s birth, a death, a move to another state, a serious diagnosis, a major asset purchase or a change in family relationships. Even without a triggering event, set a periodic review date.
Do not sign a form you do not understand or assume an online template is valid everywhere. If you own a business, have blended-family concerns, hold property in several states or expect estate-tax issues, obtain individualized legal advice.
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The human and workplace cost of being unprepared
The survey also illustrates why planning is more than paperwork. Among respondents who had experienced a loved one’s death, 45% said the emotional impact was the most overwhelming part, while 43% reported difficulty handling financial matters. Among respondents who had managed a loved one’s affairs, 74% said the experience affected their productivity at work.
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Those figures describe the surveyed respondents in 2026, not a forecast for every bereaved family. They do show how missing information can add administrative work to grief: locating accounts, proving authority, resolving conflicting instructions and meeting deadlines while someone is away from work.
What employers can do—and what employees should verify
Respondents showed interest in assistance: 79% said they would be likely to use a care manager to help navigate end-of-life matters. Aflac describes legacy-planning and bereavement support through its partnership with Empathy for eligible employees and beneficiaries. That is an example of an employer benefit, not a guarantee that every worker or reader has access to it.
If your employer offers this kind of support, ask who qualifies, whether dependents or beneficiaries are included, what services are actually provided and whether legal-document preparation is part of the benefit or merely educational guidance. Keep the benefit’s contact route with your other emergency information, and confirm current terms with human resources or the plan administrator.
Choosing help without confusing education with legal advice
A printed organizer or workbook can provide prompts for an asset inventory, contact list and document-location record. It can be useful for getting started, but it does not create a valid will, power of attorney or healthcare directive by itself. Treat it as an organizing aid.
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When considering a paid service or attorney, compare the factors that affect whether the result will work for your situation:
- Jurisdiction: Does the provider prepare documents for your state and, if necessary, more than one state?
- Attorney involvement: Is a licensed attorney drafting or reviewing the documents, or are you receiving only a form and instructions?
- Scope: Does the package cover a will, financial power of attorney, healthcare directive, beneficiary review, trust work or only one document?
- Updates: Can you revise documents after a move or family change, and what does an update cost?
- Storage and sharing: How are originals, copies and access instructions delivered and protected?
- Total cost: What is included, what is recurring and what triggers additional charges?
Ask for these answers in writing before paying. No source reviewed for this article establishes a universal provider, price or service level, so access and terms must be verified for your circumstances.
Common mistakes that leave a plan incomplete
- Making only a will: A will does not appoint someone to manage finances or make healthcare decisions while you are alive.
- Using outdated forms after moving: A document prepared under one state’s rules may need review after relocation.
- Ignoring beneficiary forms: An account designation can direct assets outside the will and may be years out of date.
- Naming someone without asking: An agent or executor must be willing, available and able to handle the responsibility.
- Hiding the location: Privacy is important, but total secrecy can prevent timely action.
- Failing to record digital and recurring obligations: Automatic payments, online accounts and subscriptions can be missed during an incapacity or estate settlement.
- Assuming insurance equals planning: Insurance can provide funds, but it does not state healthcare wishes, appoint an agent or distribute every asset.
What to do this week
Set aside 30 minutes to name a potential financial agent, healthcare decision-maker and executor; list your major accounts and insurance; locate any existing documents; and tell one trusted person where the originals are stored. Then schedule the professional review or document-signing step your state requires. Completing a small, accurate first version is safer than waiting for a perfect plan that never gets written.
The bottom line
Aflac’s 2026 survey shows a consistent preparedness gap: workers say legacy documents matter at higher rates than they report having them. A workable plan combines state-valid documents with beneficiary reviews, an account inventory, secure storage and a conversation with the people who may need to act. The goal is not to predict every event; it is to reduce uncertainty for you and the people who will carry out your decisions.
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