Why Estate Planning Still Matters—Even If You’re No Longer Living at Home
It’s a common question from adult children:
“My mom just moved into assisted living. Is it too late to update her will?”
In many cases, the answer is no. But timing matters.
Capacity Is the Key
To sign a valid will, trust, or power of attorney, the person must be legally competent. That doesn’t mean they have to remember everything or pass a memory test. But they must understand what they’re signing, what they own, and who their likely heirs are.
In the early stages of cognitive decline, a person might still have capacity. But once dementia progresses—or if there’s confusion, paranoia, or delusion—the opportunity can close fast.
What Can Be Done?
Even in assisted living, many people can still execute an updated plan. We often meet clients in these facilities to review documents, simplify old plans, or ensure they’ve named the right agents for finances and medical decisions.
If capacity is borderline, we may suggest getting a letter from the person’s doctor to support their ability to sign.
What Should Be Prioritized?
If time is limited, focus on:
- Power of attorney (for finances)
- Advance directive (for healthcare)
- A simple, clear will or trust
Getting even these basics in place can prevent court involvement, guardianships, and expensive delays down the road.
