How to Talk With Your Parents About Estate Planning

Pick the moment

Choose a calm, private time, not a holiday table or a hospital room. A news story, a friend's experience or your own estate planning can be a natural opening: "We just did our wills, and it made me wonder what you'd want."

Lead with their wishes

Make it clear you aren't asking what you'll inherit. You're asking what they want and how you can make sure it happens. Good questions include:

• "If you couldn't speak for yourself in the hospital, who would you want to make decisions?"
• "Who could pay your bills if you were sick for a few months?"
• "Do you have a will or trust, and where do you keep it?"
• "Are there things you'd want us to know about your wishes at the end of life?"

Start with the lifetime documents

A durable power of attorney and health care surrogate and living will are often the easiest place to begin, and the most urgent. Without them, a family may need a court guardianship if a parent loses capacity.

Let the lawyer meet with your parents

Our client is the person making the plan. We will want to meet with your parents, often alone for part of the meeting, to confirm the plan reflects their wishes and to protect it from later claims of undue influence. You're welcome to help schedule, drive and attend parts of the process.

Keep talking

This is rarely one conversation. Listen, take notes and follow up. See our legal checklist for helping aging parents.

Talk with a Florida estate planning lawyer

Trusted Elder Law & Asset Protection helps families in Pensacola, Escambia, Santa Rosa, Okaloosa and Walton counties plan ahead. Call 850-607-2222 or schedule a free Peace of Mind Strategy Session.

This article is general information about Florida law, not legal advice for your situation.