My Elderly Parent’s Estate Plan Is A Mess, What Can I Do?
Do you have aging parents? If so, you may be getting increasingly worried about helping them plan for the future. One key issue you should consider is whether or not they have a comprehensive, up-to-date estate plan in place. This raises an important question: What can I do if my elderly parent needs estate planning help? The good news is that there are always some options available. Here, our Boston estate planning attorney provides an overview of key things to know about helping a parent get their estate plan in order in Massachusetts.
You Need to Know What they Do (or Don’t) Already Have in Place
The first step to helping an elderly parent get an estate plan in order is figuring out what they do (or do not) already have in place. To the best of your ability, you should try to gather and review any documents your parent has (wills, trusts, powers of attorney, living will, beneficiary designations, etc.). Even if things look outdated or confusing, you should try to make sure you have the documentation. You cannot help them get their estate plan in order until you understand what exactly exists. As a best practice, you should make a checklist of what is present and what is missing. A top-tier Massachusetts estate planning attorney can help.
Know that they Can Revise their Estate Plan as Long as they are Mentally Competent
While proactive estate planning is best, a person is technically never too late in life to create one as long as they are competent. In Massachusetts, a person can create or revise their estate plan no matter their age assuming that they are still of sound mind. If your elderly parent is of sound mind, you can help them get their estate plan in order. If they are not of sound mind, that is an additional complication. However, it does not mean that things are hopeless. The best approach will probably be for a trusted person to use (or to trust to obtain) their power of attorney (POA) or, if they are very vulnerable, to get them into an adult guardianship. An experienced Massachusetts elder law attorney can help.
Talk to Your Parent With Patience and Respect
Estate planning is not easy. Aging can be a difficult thing for a lot of people. As such, you are dealing with an emotional subject. Your parent(s) may be feeling embarrassed, confused, or even defensive about their planning, or lack thereof. With that in mind, it is imperative that you approach the conversation gently and with empathy. It is not about judgment. It is simply about letting them know that you are there to support them to work things out, fix their estate plan, and ensure that their actual wishes are respected. A calm, respectful conversation can open the door to cooperation and clarity.
Contact Our Boston, MA Estate Planning Attorney Today
At Fisher Law LLC, our Massachusetts estate planning lawyer provides solutions-focused guidance and support to clients. If you have any specific questions or concerns about helping an aging parent get his or her estate plan in order, please do not hesitate to contact us today for a fully confidential consultation. We provide estate planning services throughout the wider region.
