Your estate plan should go beyond the matter of asset transfers. It’s not pleasant, but end-of-life planning is part of the equation as well. To be properly prepared, you should pragmatically accept the eventualities that many people face during their twilight years.
Alzheimer’s Disease and Cognitive Impairment
The Alzheimer’s Association does fantastic work educating the public about this terrible disease. They also offer resources for families that have been touched by it. According to their site, 32 percent of people 85 years of age and older have contracted Alzheimer’s.
This disease causes dementia, which can rob victims of their ability to make sound decisions on their own. Though it is a major culprit, there are other underlying causes of cognitive impairment, and most seniors in nursing homes pass away with some type of dementia.
This alone is enough to get your attention, and some people become unable to communicate decisions because of physical health ailments.
Adult Conservatorship
If you do nothing to prepare for incapacity in advance, the state may be called upon to step in. A conservatorship proceeding could be initiated, and a conservator may be appointed to act on your behalf.
Most people would rather name their potential decision-makers in advance. Fortunately, this is possible if you plan your estate properly.
Disability Trustee and Durable Power of Attorney for Property
A living trust is a highly effective, versatile device that can be the ideal estate planning centerpiece. When you have this type of trust, you would act as the trustee while you are living, so you would maintain control of the assets every step of the way.
This is a revocable trust, and the name is self-explanatory. You would retain the power of revocation, so you could rescind the trust at any time.
When you establish the trust, you can name a disability trustee to assume the role if it becomes necessary. You can designate the same individual or entity that will administer the trust after your passing, or you could name someone else if you choose to do so.
To account for property not held by a trust, you can add a durable power of attorney for property. The agent that you name would be empowered to act as your representative in the event of your incapacity.
Advance Directives for Health Care
To round out your incapacity plan, you should execute documents called advance directives for health care.
A living will is one of them. It is used to state your life-support utilization preferences. The document can also include your comfort care medication and organ and tissue donation choices.
Medical scenarios can arise that are not related to the use of life-support. You can add a durable power of attorney for healthcare to name someone to make decisions on your behalf that are not already expressed in your living will.
A HIPAA release should be added as well. This will give your health care representative the legal right to discuss your condition with your doctors.
Attend a Free Seminar!
We have some great opportunities coming up in the near future if you’d like to learn more about estate planning. Our firm is hosting some seminars that will convey a great deal of useful information in an easily understandable manner.
There is no charge to attend these events, so this is a great way to connect with our firm. To see the dates and obtain registration information, visit this page: Mackay Dressler estate planning events.
Need Help Now?
If you are ready to act now to put a plan in place, we can help. You can call us at 707-769-9975 to schedule a consultation at our Petaluma, CA estate planning office. If you would rather send us a message, simply fill out our contact form.
- What Is a Living Trust? - August 3, 2026
- A Basic Guide to Trusts in Estate Planning - July 31, 2026
- Don’t Outlive Your Money: Planning for Longevity Risk - July 27, 2026
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