Many people think estate planning means writing a will and planning for after you’re gone. But what happens when you’re still alive but can no longer make decisions for yourself? What if dementia clouds your judgment gradually, or a sudden event leaves you unable to communicate your wishes?
These scenarios affect millions of families every year, but they’re rarely part of the estate planning conversation. I’ve seen too many families discover this gap during a crisis – when a parent is in the hospital, unable to make decisions, and adult children realize they have no legal authority to help. A will sitting in a safety deposit box doesn’t address the immediate, urgent needs of managing finances, making healthcare decisions, or even paying for basic care.
On July 29th we participated in “Beyond the Will: Why Planning for the End of Life Is the Heart of Estate Planning” – a free webinar hosted by the Parkinson Association of the Rockies that goes far beyond basic document preparation to address the real-world challenges families face during health crises and cognitive decline. You can watch the recording on YouTube.
What You’ll Learn
This isn’t your typical estate planning seminar. Led jointly by elder law attorney Kate Silburn from Rocky Mountain Elder Law and senior care expert Jenn Gomer from CarePatrol, this webinar tackles the complex, often uncomfortable end of life topics that most people avoid until it’s too late.
What makes up a comprehensive estate plan
While wills and trusts get all the attention, comprehensive estate planning includes advance directives, Powers of Attorney, and detailed instructions for managing your affairs during incapacity. You’ll learn what documents you actually need and why generic forms often fail when families need them most.
The importance of Powers of Attorney (POA)
A Power of Attorney (POA) can be your family’s lifeline during a crisis, or a source of confusion and conflict. We’ll explore the differences between financial and healthcare powers of attorney, why choosing the right agent matters more than the document itself, and what happens when families skip this crucial step entirely.
You’ll learn why the person you choose as your agent is more important than the legal language in the document, and how to have the conversations that prepare them for this significant responsibility. We’ll also discuss the delicate balance of timing – the importance of a standing Power of Attorney with conditions like Parkinson’s, where capacity may fluctuate.
Why conversations matter
Having documents isn’t enough. The most carefully crafted Power of Attorney becomes useless if your chosen agent doesn’t understand your values, preferences, or specific wishes. You’ll learn how to have these difficult but essential conversations with your loved ones.
These conversations aren’t one-time events. They’re ongoing discussions that evolve as your health changes and as your agent better understands their role. We will share practical strategies for having these talks. You’ll learn how to move beyond general statements like “I don’t want to be a burden” to specific guidance that helps your agent make decisions confidently.
How to think about capacity
Capacity isn’t simply present or absent – it exists on a spectrum that changes with conditions like Parkinson’s disease, early-stage dementia, or even depression. Understanding this complexity is crucial for effective planning and helps families navigate the gray areas that often cause the most stress.
This is perhaps the most misunderstood aspect of estate planning. Many people assume capacity is like a light switch, on or off. In reality, someone might have the capacity to make simple financial decisions but not complex ones. They might be clear in the morning but confused in the evening. Someone with early Parkinson’s might have excellent judgment most days but struggle during medication adjustments or stress.
When to plan for long-term care
Long-term care costs can quickly deplete a lifetime of savings. You’ll learn strategies for using your resources wisely now to protect your family’s financial future and ensure you receive the care you want, where you want it.
If you don’t plan, you risk leaving critical decisions to chance – or to the courts. Emergency planning is always more expensive, more stressful, and less effective than thoughtful preparation.
Don’t let your family learn these lessons the hard way. The peace of mind that comes from comprehensive planning is invaluable, both for you and for the people who love you.
Watch the full recording by clicking below.
