Watching your parents age brings new responsibilities-and new worries. One of the most important things you can do in 2025 is to help them get their estate plan in order before a crisis hits.
Whether they're still independent or starting to need assistance, having a plan in place can prevent costly court battles, protect family assets, and reduce tension among siblings.
But many adult children hesitate to step in, unsure of what's appropriate or how to start the conversation.
Here's how to support your parents with compassion-and legal clarity.
Contact us by either using the online form or calling us directly at 414-253-8500 for legal assistance.
Why Estate Planning Is More Urgent Than Ever in 2025
In today's environment, estate planning is no longer optional:
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Cognitive decline from Alzheimer's and dementia is rising
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Medical and housing costs are putting pressure on retirement savings
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Medicaid estate recovery rules are more aggressive
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Scammers are increasingly targeting seniors
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Without powers of attorney or trusts, families are forced into court-appointed guardianships
Adult children often become the default decision-makers, but without legal documents in place, they're left powerless-or stuck navigating complex red tape.
Start With These 3 Essential Legal Documents
Even the most basic plan should include:
1. Financial Power of Attorney
This gives a trusted person (often an adult child) the authority to handle:
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Banking and bill payments
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Real estate transactions
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Tax filings
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Medicaid and benefit applications
If this document isn't created while your parent is still mentally competent, you may need to petition the court for guardianship.
2. Healthcare Power of Attorney and Advance Directive
These forms let your parent:
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Appoint someone to make medical decisions if they become incapacitated
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Outline their end-of-life care preferences, such as feeding tubes or resuscitation
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Comply with state laws to avoid confusion or conflicting hospital policies
We offer comprehensive healthcare directives that meet these critical needs.
3. A Will or Trust
Depending on their situation, your parents may need:
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A simple will to name heirs and an executor
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A revocable living trust to avoid probate and keep things private
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Special planning if they own out-of-state property, businesses, or rental homes
A trust also helps avoid family conflict by clearly outlining asset distribution and removing probate court from the equation.
Talk Early, Talk Often: How to Start the Conversation
Initiating estate planning conversations with your parents can feel awkward-but it's essential. In 2025, too many families are blindsided by medical emergencies or sudden decline, leaving adult children unprepared.
Here are tips to start the discussion respectfully:
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Choose a calm, private time-not during a crisis or holiday gathering
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Focus on your concern for their wishes being honored, not control
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Ask: "Have you thought about what you'd want if you couldn't make decisions?"
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Share that you've been looking into estate planning and want to be prepared
Remind them that planning now protects not just them, but the entire family from unnecessary stress and expenses later.
Don't Overlook Medicaid and Long-Term Care Planning
If your parents are nearing retirement age or facing health issues, estate planning must address how to pay for long-term care without draining the family home or savings.
In 2025, nursing home care can cost $10,000-$15,000 per month, and Medicare doesn't cover it.
Proactive strategies include:
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Medicaid Asset Protection Trusts to safeguard the home
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Gifting and transfer strategies that respect Medicaid look-back rules
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Creating trusts and POAs to manage spending without court interference
Learn more on our Medicaid Asset Protection Trusts page.
Update and Review Documents Regularly
Even if your parents created a will or POA years ago, it may be:
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Outdated under current laws
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Missing critical pieces like digital assets or healthcare directives
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Appointing people who are no longer appropriate
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In conflict with newer beneficiary designations on retirement accounts or life insurance
Encourage a legal review every 3-5 years or after major life events-like a divorce, remarriage, death of a named executor, or new grandchild.
Contact an Estate Planning Attorney for Aging Parents
Your parents deserve security and dignity as they age. You deserve clarity and support as their child and potential caregiver.
At Heritage Law Office, we help families create practical, enforceable estate plans that reflect each person's values-and prevent future conflict.
Call 414-253-8500 or contact us online to get started with compassionate guidance tailored to your family's needs.
Frequently Asked Questions (FAQs)
1. What is the best age to help parents start estate planning?
Now. The best time to begin is while your parents are still mentally competent and in good health. Waiting until a medical event or cognitive decline can limit legal options and lead to costly guardianship proceedings. Even parents in their 50s or early 60s should have foundational documents in place.
2. Can I create a power of attorney for my parent?
No. Your parent must personally sign and authorize a power of attorney while they are still legally competent. If they can't understand or communicate their wishes due to dementia or illness, you may need to seek a court-ordered guardianship instead.
3. What happens if my parent doesn't have a will or trust?
Without a will, their estate will be distributed according to your state's intestacy laws-which may not align with your family's wishes. Without a trust, their assets may go through public, court-supervised probate, which can take months or even years. Estate planning prevents these delays and disputes.
4. What if my siblings and I disagree about what's best for our parents?
Disagreements are common, especially around money, caregiving, and decision-making. A clear estate plan-with appointed agents, trustees, and instructions-can reduce tension and clarify roles. You can also use family meetings facilitated by an attorney to avoid future conflict.
5. Does estate planning help with long-term care costs?
Yes. Proper estate planning can:
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Protect assets from being spent down on nursing home costs
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Qualify your parent for Medicaid without losing their home
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Avoid probate delays in transferring property
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Assign trusted decision-makers for financial and healthcare decisions
We use tools like Medicaid Asset Protection Trusts and long-term care planning to reduce future financial stress.