Urgent Estate Planning: A Family’s Story and Why Time is of the Essence

Recently, I received a heartfelt call from a concerned daughter regarding her aging parents. Her mother, 84, and father, 87, are starting to face significant challenges—her mother is showing early signs of dementia, and both parents are having increasing difficulty getting around. With multiple properties in Minnesota and one in Arizona, they have worked hard throughout their lives, yet there is one area they’ve neglected: their estate planning.

Unfortunately, despite their age and physical challenges, they have not yet prepared any legal documents that would ensure their wishes are carried out and their eventual transition to assisted living can happen smoothly.

The Need for Immediate Action

The daughter and her siblings reached out to me in a state of urgency, as their parents have no will, no healthcare directive, and no financial power of attorney in place. This lack of planning is particularly concerning given the mother’s cognitive decline. Without proper legal documents, decision-making about their care, their properties, and their health could become much more complicated as time progresses.

Don’t Wait for a Crisis to Plan

While it may feel overwhelming to begin estate planning now, especially when physical and cognitive health are deteriorating, it’s important to remember that it’s never too late to take the first steps. For this family, time is indeed of the essence, particularly for their mother, whose cognitive issues may worsen, making it difficult or even impossible to sign legal documents later on.

Steps You Can Take Today

If you find yourself in a similar situation, here are steps you can take to ensure your loved ones’ legal, financial, and healthcare needs are properly planned for:

1. Start a conversation with your loved ones about the importance of estate planning.
2. Schedule a consultation with an attorney who specializes in estate planning to guide you through the process.
3. Review your assets and determine whether a will or a trust is the best solution for your family.
4. Establish key documents like a healthcare directive and power of attorney to avoid unnecessary complications as health issues arise.

It’s understandable that many families delay estate planning, but addressing it early—or even right now—can make all the difference for your peace of mind and your family’s future.

Warmly,

Marjorie Austin

MJ Austin Law