How to Know When to Update Your Estate Plan

Takeaways

• Your estate plan should be updated regularly, particularly after major life events (e.g., marriage, divorce, birth of a child, death of a loved one), significant financial changes (e.g., increase or decrease in wealth, real estate transactions), or other notable shifts (e.g., moving states, changes in tax laws, health changes).
• Regular reviews, even without specific triggers, are recommended every three to five years to ensure your estate plan remains current and effectively reflects your wishes, protecting your legacy and providing security for your beneficiaries.

Creating an estate plan is one of the most important steps a person can take to provide for their loved ones and ensure their wishes are carried out. But drafting a will, trust, or related documents is not a “one-and-done” event. Life changes, and so should your estate plan.

Updating your estate plan regularly helps ensure that your assets are distributed as you intend, your beneficiaries are properly provided for, and your chosen decision-makers are still able and willing to serve. Below are some of the most common scenarios that should prompt you to review and update your estate plan.

Major Life Events

Marriage

When you marry, your legal and financial life changes significantly. You may want to add your spouse as a beneficiary, update your will to reflect their inheritance, and name them in key roles such as health care proxy or financial agent. In community property states, marriage can also affect ownership of property, which makes updating your estate plan even more important.

Divorce

Divorce is a major reason to revise your estate plan. Many people no longer want their former spouse to be a beneficiary or to serve as an executor, a trustee, or an agent. Updating your estate plan documents ensures your assets go to the people you now choose, not to an ex-spouse by default. Similarly, reappointing decision-makers, such as executors, trustees, and agents, will increase the chance that your wishes will be carried out.

Remarriage

A second marriage introduces additional considerations. You may want to provide for your new spouse while also protecting assets for children from a previous relationship. Updating your plan can help prevent disputes and balance competing family interests.

Estrangement

You may have become estranged from a child, sibling, or another close relative. If relationships with family members change, you may wish to revise beneficiary designations or fiduciary roles to reflect your current wishes.

Birth or Adoption of a Child or Grandchild

Adding new family members is a joyful reason to revisit your estate plan. Parents and grandparents often want to update wills, trusts, or guardianship designations to include newly born or adopted children. Without these updates, children or grandchildren could be unintentionally left out.

Death of a Spouse, Child, Beneficiary, or Trusted Decision-Maker

If a loved one passes away, your estate plan may need significant revisions. A deceased spouse or child may require redistribution of your assets, while the death of an executor, a trustee, or a guardian may mean appointing someone new.

Similarly, if a person becomes disabled or develops a chronic illness, they may lose the ability to act on another’s behalf. In addition, they may need special arrangements regarding their inheritance if they start receiving government benefits.

Financial Changes

Increase in Wealth

A sudden increase in wealth, such as from an inheritance, legal settlement, or the sale of a business, may create new tax and planning considerations. Updating your estate plan can help you manage this wealth efficiently and protect it for future generations.

Decrease in Wealth

If your financial situation changes and your estate is smaller than when you first planned it, your documents should reflect these new realities. Specific gifts may need to be adjusted so they remain fair and achievable.

Purchase or Sale of Real Estate

Real estate is often the largest asset in an estate. Buying a new home or investment property, or selling property you previously planned to pass on, should trigger an update to your will or trust. This ensures property is titled correctly and aligns with your estate goals.

Other Reasons to Update Your Estate Plan

In addition to major life events and financial changes, there are other reasons to update your estate plan, including:

• Moving to another state. Estate planning laws vary from state to state. If you move, updating your plan ensures it remains valid under your new state’s laws.
• Change in tax laws. Updates to estate or gift tax laws may affect how you want to structure your estate to minimize taxes.
• Health changes. A new diagnosis or change in your medical situation may prompt you to revisit health care directives, living wills, or powers of attorney.
• Change in relationships. Beyond estrangement, positive changes, such as reconciling with a loved one, can also prompt updates.
• Aging executors or trustees. If your chosen decision-makers are getting older or are no longer capable of serving, you’ll want to designate successors.

Regular Reviews of Your Estate Plan

Even if none of the above events occur, experts generally recommend reviewing your estate plan every three to five years. Regular check-ins ensure that your documents keep pace with your life, your finances, and applicable laws.

Bottom Line

Your estate plan is a living document, meant to evolve alongside your life. Whether you’re experiencing major milestones like marriage or adoption, navigating changes in wealth, or simply recognizing that your chosen executor can no longer serve, updating your plan ensures your wishes are carried out smoothly.

Failing to update your estate plan can create confusion, disputes, and unintended consequences. By revisiting it at key life junctures, or on a regular schedule, you can protect your legacy and provide clarity and security for the people in your life.

For additional reading on topics related to estate planning, check out the following articles:

• Treating Your Children Fairly (But Not Necessarily Equally) In Your Estate Plan
• Crummey Trusts: A Safe Way to Give Financial Gifts to Minor Children
• Navigating Disputes in Probate Court
• What Is a Power of Attorney (POA)?
• Securely Storing Your Legal Documents

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Elise Lampert, Esql

Law Office of Elise Lampert

9465 Wilshire Blvd. | Suite 300 | Beverly Hills , CA 90212

Phone: (818) 905-0601 / Email: elise@elampertlaw.com

https://www.eliselampert.com

 

One Common Estate Tax Error That Could Cost You

Takeaways

• Many families make the costly mistake of not filing an estate tax return when the first spouse dies, even when no taxes are due.
• If they fail to file IRS Form 706, the surviving spouse loses the valuable benefit of estate tax portability, which allows them to inherit any unused portion of the deceased spouse's federal estate tax exclusion.
• Preserving portability is crucial due to changing tax laws, potential asset growth, and the flexibility it provides for wealth transfers to heirs.

In estate planning, there is a surprisingly common misstep that can have costly consequences for some families. A recent Wall Street Journal article highlighted this error: the failure to file an estate tax return upon the death of the first spouse in a married couple, even when no federal estate tax is due. Neglecting this step can cause the surviving spouse to forfeit a valuable benefit known as estate tax portability.

What Is Estate Tax Portability?

Estate tax portability allows a surviving spouse to utilize any unused portion of the deceased spouse’s federal estate tax exclusion. The estate tax exclusion represents the amount an individual can transfer to their heirs without paying federal estate taxes.

For 2025, the federal estate tax exclusion amount is $13.99 million per person. (This threshold is set to rise to $15 million per person come 2026.) In theory, a married couple can shield up to $27.98 million in 2025. However, this higher combined exemption is only available if the unused portion of the first spouse’s exclusion is formally preserved and transferred to the surviving spouse.

Without portability, if the first spouse’s estate doesn’t use the full exclusion and no estate tax return is filed, the remaining exclusion is irrevocably lost. The surviving spouse would then be limited to their individual exemption amount, potentially subjecting their heirs to substantial estate tax liability.

The Common Mistake: Not Filing IRS Form 706

The critical misstep often arises from the assumption that no filing is necessary if the first spouse’s estate is below the federal exemption threshold. Because no tax is due, many families erroneously conclude that no action is required.

However, portability isn’t automatic. To secure the benefit, the executor of the deceased spouse’s estate must timely file IRS Form 706, the United States Estate (and Generation-Skipping Transfer) Tax Return, even if no estate taxes are owed. Filing this return effectively “locks in” the unused exclusion for the surviving spouse. Failing to file results in a permanent loss of this protection.

Why It Matters

Estate tax may feel like a distant issue for many families, especially given the current run of high federal estate tax exemption levels. But there are several reasons portability is worth preserving.

Changing Laws

Though recent legislation has made the tax exemption increase “permanent,” a future Congress and president could reduce the tax exemption. Families who think they’re far below the threshold now could suddenly find themselves in taxable territory if the exemption is reduced.

Growth in Assets

Real estate, retirement accounts, and other investments can appreciate significantly between the deaths of the first spouse and the surviving spouse. What is a nontaxable estate today may become a taxable estate in the future.

Flexibility for Heirs

Securing portability offers greater flexibility for the surviving spouse to make lifetime gifts, establish trusts, or provide for heirs without incurring federal estate tax.

How to Take Advantage of Portability

Families can ensure they don’t miss out on this benefit by taking a few key steps:

• File IRS Form 706 in a timely manner. Estates are not required to file an estate tax return if the deceased person’s estate is nontaxable (that is, the gross estate at the time of their death did not exceed the federal exclusion amount for that year). However, if the surviving spouse wishes to elect portability, the executor of the decedent’s estate must file Form 706 – and generally must do so within five years of the decedent’s death.
  
  (Note that if an estate is required to file an estate tax return because the value of the decedent’s gross estate exceeds the federal exclusion amount of that year, the estate’s executor must file within nine months of the first spouse’s death, though a six-month extension is available.)
  
  In some cases, the IRS allows late filings if a mistake occurs. The executor must apply for a private letter ruling or other relief, but this can be costly and uncertain. Filing on time is always best.
   
• Work with professionals in your state. Estate planning attorneys and tax professionals can guide families through filing requirements and help avoid overlooked opportunities.

Your Estate Tax Portability Checklist

Here’s a step-by-step checklist families can use to make sure they don’t miss out on estate tax portability when the first spouse dies:

Step 1: Gather Key Documents

• Death certificate of the deceased spouse
• Last will and testament or trust documents (if applicable)
• Comprehensive inventory of assets and liabilities with date-of-death values
• Relevant prior tax returns and financial statements

Step 2: Confirm Whether an Estate Tax Return Is Needed

• Even if the estate is below the federal exemption amount ($13.99 million in 2025), consider filing to preserve portability.
• Be sure to review your state laws. Some states have their own estate or inheritance taxes and may have separate filing requirements.

Step 3: File IRS Form 706

• Complete Form 706 and file it within the time prescribed by law of the first spouse’s death.
• Even if no tax is owed, filing Form 706 secures the unused federal exclusion for the surviving spouse.

Step 4: Elect Portability

• On Form 706, the executor must make the portability election to transfer any unused federal estate tax exclusion (called the Deceased Spousal Unused Exclusion, or DSUE) to the surviving spouse. This locks in the benefit for future use.

Step 5: Keep Records for the Surviving Spouse

• Save the IRS acceptance of the return and confirmation of the DSUE amount and all related documentation for future use by the surviving spouse’s estate.

Step 6: Update the Estate Plan

• Incorporate the DSUE into the surviving spouse’s documents.
• Remain attentive to changes in the federal estate tax exemption over time.

Step 7: Get Professional Guidance

• Consult an estate planning attorney or certified public accountant with experience in estate tax filings.
• Professional help can prevent missed deadlines and costly mistakes.

Remember, if the executor misses the deadline, the IRS sometimes allows late portability elections under special relief provisions, but this process can be more complex and expensive. Filing on time is always the best course of action.

Additional Reading

The death of a spouse is an emotionally overwhelming event, and administrative requirements may not be a family’s immediate priority. Nevertheless, timely filing of Form 706 to preserve estate tax portability can represent one of the most valuable financial safeguards available to surviving spouses.

By filing the right paperwork when the first spouse passes away, families can preserve an estate tax cushion that could save them millions. In estate planning, sometimes the most valuable asset isn’t just money — it’s the foresight to file the right form at the right time.

For additional reading about estate taxes, check out the following articles:

• Estate Planning: Estate Tax Basics
• Your Joint Accounts and Estate Tax Planning
• Pay Attention to Your State Estate Tax Exemption
• Congress Considering Full Repeal of Estate Tax
• Will a Revocable Living Trust Reduce Your Estate Tax?

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Questions? Contact us at Elise Lampert, Attorney at Law

   

Elise Lampert, Attorney at Law

9465 Wilshire Blvd. | Suite 300 | Beverly Hills , CA 90212

Phone: (818) 905-0601 / Email: elise@elampertlaw.com

https://www.eliselampert.com

Why The Social Security Retirement Age Is Now 67

 

Why the Social Security Retirement Age Is Now 67, Not 65

Takeaways

• Full Social Security Retirement Age (FRA) is 67 for those born in 1960 or later, not 65 as it once was, due to legislation adjusting for increased life expectancy.
• Claiming Social Security benefits before FRA results in permanently reduced monthly payments.
• Your plans for retirement should consider your health, work plans, and other income sources in relation to your FRA to optimize financial well-being.

In 2025, Americans born in 1960 are reaching age 65, a milestone that for decades has been associated with retirement. Many people still think of 65 as the age to claim full Social Security retirement benefits. But for those born in 1960 or later, full retirement age is no longer 65; it’s 67.

Why Full Retirement Age Matters

Full Retirement Age (FRA) is the age at which you can claim 100 percent of your Social Security retirement benefit. Claiming before that age results in a permanently reduced monthly payment. The longer you wait, up to age 70, the more you receive each month.

The FRA was originally set at 65 when Social Security was established in the 1930s. However, in 1983, Congress passed legislation to gradually raise the FRA to reflect increases in life expectancy and to help ensure the program’s long-term financial stability.

The New Retirement Timetable

Here’s how the Social Security Administration defines full retirement age based on your year of birth:

• Born 1937 or earlier: 65 years old
• Born between 1938 and 1959: FRA increases gradually from 65 years old to 66 years and 10 months
• Born 1960 or later: 67 years old

That means people born in 1960 who are turning 65 in 2025 are not yet eligible for full retirement benefits. They must wait until 2027, when they turn 67, to claim their full monthly benefit. The Social Security Administration offers a retirement age calculator to help people estimate what percentage of their retirement benefits they will get at different ages.

Claiming Early Versus Waiting

If you choose to claim Social Security benefits before reaching full retirement age, starting as early as age 62, your monthly benefit will be permanently reduced. For example, if your FRA is 67 and you claim benefits at 65, you’ll receive about 86.7 percent of your full benefit amount.

On the other hand, delaying benefits past your FRA increases your monthly payment. For each year you delay beyond 67 (up to age 70), your benefit grows by about 8 percent annually. So, if you were to wait till you turn 70 years old to start collecting your Social Security payments, your payments would be about 24 percent higher than they would have been if you had started taking payments at age 67.

What to Consider When Planning for Retirement

Knowing your full retirement age is important when planning your financial future. Some key considerations include:

• Health and life expectancy. If you expect to live well into your 80s or beyond, delaying benefits may provide more income over your lifetime.
• Work plans. If you continue to work while receiving early benefits, your Social Security payments could be temporarily reduced depending on your income.
• Other income sources. Pensions, savings, and investments can help bridge the gap if you delay claiming Social Security.

Planning for Retirement

As retirement planning becomes more complex, it’s essential to understand how your age affects your benefits. This will help you make informed choices that will affect your financial well-being for years to come. Contact your elder law attorney to learn about your options for retirement planning.

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Questions? Contact us at Elise Lampert, Attorney at Law

   

Elise Lampert, Attorney at Law

9465 Wilshire Blvd. | Suite 300 | Beverly Hills , CA 90212

Phone: (818) 905-0601 / Email: elise@elampertlaw.com

https://www.eliselampert.com

Spring Cleaning for Your Estate Plan: Review and Revise

Takeaways

• Regularly reviewing and updating your estate plan is crucial to ensure that your money and property will be managed and distributed according to your wishes and that your health care preferences are followed.
• Changes in life events, financial status, health, and relationships may necessitate adjustments to your estate plan.
• An experienced attorney can provide guidance on updating your plan to meet your current circumstances and legal requirements.

Estate planning is a valuable aspect of financial and personal planning that ensures your assets are managed and distributed according to your wishes and that your health care preferences are followed. However, creating an estate plan is not a one-time task. As your life changes, so should your estate plan. Failing to update your estate plan can lead to unintended consequences, legal complications, and financial difficulties for your loved ones.

Spring is seen as a time for cleaning and renewal. It can also be the perfect time to review your estate plan and see if it needs revising. There are many reasons to revise an estate plan, including changes in marriage status, the birth or death of family members, and changes in financial status. Read on to learn about why you should dust off your estate plan and make sure it still expresses your wishes.

Changes in Family Structure

Life events, such as marriages, divorces, births, and deaths, affect your estate plan. After such events, you should review not only your estate planning documents but also any assets you have that are designated to go to a beneficiary, such as retirement accounts, real estate, or financial investments.

• Marriage. Getting married means incorporating your spouse into your estate plan. You may need to update your will, trusts, beneficiary designations, and powers of attorney to ensure your spouse has legal rights over your assets and medical decisions.
• Divorce. Divorce often requires removing an ex-spouse from your estate planning documents to prevent them from inheriting assets or making financial and health care decisions on your behalf. Some states automatically revoke an ex-spouse’s privileges, but updating your documents ensures clarity and avoids confusion.
• Birth or Adoption of a Child or Grandchild. The arrival of a child or grandchild in the family may necessitate updating your estate plan to include them as beneficiaries and possibly setting up trusts or plans, such as a 529 plan, to provide for their future financial needs.
• Adoption or Death of a Pet. Pets are valued companions for many. By including your pet in your estate plan, you can ensure that your furry, scaly, or feathery friend continues to have a healthy and fulfilling life if you are no longer able to care for it. Periodically review the arrangements you have made for your pet, so you can ensure their continued well-being.
• Child Reaching Adulthood. When a child becomes a legal adult, you will no longer automatically be able to make decisions concerning their health. By having your young adult child complete an advance health care directive naming you and their other parent as health care agents, you can make medical decisions on their behalf if they become unable to make such decisions. This can provide extra peace of mind when they go off to college.
• Death of a Person in Your Estate Plan. If a trustee, an executor, or a named beneficiary has passed away, you will need to designate new individuals to avoid legal complications.

Changes in Financial Status

Major changes in your financial situation, such as an increase or decrease in wealth, can affect your estate plan.

• Increase in Wealth. Acquiring significant assets through inheritance, business growth, or investments requires updating your estate plan to account for tax-efficient wealth distribution and asset protection.
• Decline in Financial Status. If you experience a financial downturn, you may need to adjust your estate plan to ensure that your liabilities are managed and your assets will be distributed appropriately.
• Selling or Acquiring Assets. Buying or selling a home, business, or other major asset necessitates an update to ensure they are properly included in, or removed from, your estate plan.

Relocation to Another State

State laws governing wills, trusts, probate, and estate taxes vary. If you move to a new state, you should have an experienced attorney review your estate plan to ensure compliance with your new state’s laws. Powers of attorney and advance health care directives may also need updating to align with state-specific requirements.

Changes in Tax Laws

Federal and state tax laws are subject to change, which can affect your estate planning strategies. Adjusting your estate plan in response to new tax laws, with assistance from an attorney, can help minimize estate taxes, maximize exemptions, and ensure a smooth transfer of assets to your heirs.

Changes in Health or Incapacity Planning

If your health declines or you are diagnosed with a chronic illness or disability, updating your estate plan becomes critical.

• Power of Attorney. Making sure you have a trusted individual to manage your financial decisions is essential to protecting your assets for use later in life and passing them on to your heirs.
• Advance Health Care Directive. Make sure this document continues to accurately reflect your health care preferences. This will ensure that your medical treatment aligns with your wishes if you become incapacitated.
• Long-Term Care Planning. If you anticipate needing long-term care, your estate plan should address how you will cover the costs, whether through Medicaid planning, insurance, or a trust.

Changes in Relationships with Executors, Trustees, or Guardians

Your designated executor, trustee, or guardian may no longer be the best choice due to changes in relationships, their ability to serve, or personal circumstances. Regularly reviewing these appointments ensures the right individuals are in place to manage your affairs or effectively care for your loved ones.

Establishing or Revising Trusts

Trusts can serve various purposes, including asset protection, tax efficiency, and providing for minors or a family member with special needs. Over time, you may need to modify existing trusts or establish new trusts to reflect your changing financial and family circumstances.

Business Ownership and Succession Planning

If you own a business, updating your estate plan is essential to ensure a smooth transition in case of retirement, disability, or death. A comprehensive succession plan prevents legal disputes and secures the financial future of your business and heirs.

Charitable Giving and Philanthropic Goals

If you wish to include charitable donations in your plans, setting up charitable trusts or foundations may be necessary. Periodic reviews ensure your philanthropic goals align with your current financial status and legacy wishes.

Regular Reviews and Revisions

Even if no major life changes occur, you should review your estate plan every three to five years to ensure it remains aligned with your wishes, family dynamics, financial status, and any new legal requirements.

Learn More About Estate Planning

Updating your estate plan is a crucial step in protecting your assets and ensuring that your wishes are honored. Life changes, financial shifts, and evolving laws make it necessary to review and modify your estate planning documents periodically. By staying proactive, you can provide your loved ones with clarity, minimize legal complications, and secure your legacy for future generations. Your estate planning attorney can help create a comprehensive plan that fits your unique needs or revise the plan you currently have.

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Questions? Contact us at Elise Lampert, Attorney at Law

   

Elise Lampert, Attorney at Law

9465 Wilshire Blvd. | Suite 300 | Beverly Hills , CA 90212

Phone: (818) 905-0601 / Email: elise@elampertlaw.com

https://www.eliselampert.com

 

When, Why, and How to Talk About End-of-Life Care

Takeaways

• Having an open, honest discussion with your loved ones about what you would prefer for your end-of-life care can be helpful in preparing for the unexpected.

Talking about death, especially one’s own death, remains a topic that most people avoid thinking about or openly discussing. However, avoiding conversations about death and end-of-life care can lead to discomfort, confusion, and unfulfilled wishes in the long run.

According to AARP, 85 percent of adults over the age of 45 say they’re comfortable discussing end-of-life issues but seven in 10 of them admit that the topic is generally avoided. By avoiding planning for end-of-life care and failing to discuss preferences with our loved ones, we do them a disservice. Without knowing our wishes, they will have to guess what our preferences are, and conflicting views may create unnecessary tension.

Whether you are in perfect health or facing a serious medical issue, discussing your wishes for end-of-life care and creating an estate plan to formalize those wishes can give you and your loved ones invaluable peace of mind now and for the years to come.

Why End-of-Life Conversations Are Important

Conversations about end-of-life care can provide you and your family with an opportunity to address wishes, values, and preferences related to medical care, financial matters, spiritual support, and legacy planning. They help reduce uncertainty and stress during emergencies and empower family members to make informed decisions.

For instance, discussing and formalizing your preferences for medical treatments can ensure that you receive the care you would want and remove the burden of those difficult choices from your loved ones. Doing this will reduce the chance of disagreements and conflict among your loved ones over the type of care and end-of-life treatments you receive.

When to Have the Conversation

It’s never too early to begin discussing end-of-life care. Ideally, these conversations should occur long before a crisis arises. Here are some key milestones when these discussions should take place:

• Early Adulthood: Once an individual reaches adulthood, they should consider creating basic legal documents such as a health care directive, which can include a living will and a health care power of attorney.
• Major Life Events: Marriage, parenthood, retirement, or a significant medical diagnosis can be appropriate times to reassess and document end-of-life preferences.
• Chronic Illness Diagnosis: A long-term health condition often prompts deeper discussions about future care.
• Aging Parents or Loved Ones: When supporting aging relatives, you want to make space to discuss their care preferences and estate plans. This can serve as a segue to talking about your own preferences as well.

Preparing for the Conversation

There are different ways to make end-of-life decisions and to discuss those decisions with loved ones. Before broaching the subject with loved ones, you may find it helpful to consider your preferences and jot them down. Here are some things to consider when starting your list of topics to discuss.

Health Care Decisions

Take some time to think about which medical treatments you would and wouldn’t want if the occasion for them should arise.

• Would you want to be kept alive artificially for as long as possible?
• Would you rather forgo treatments for a terminal illness or injury if they are proving ineffective?
• Where would you prefer to spend the last weeks or days of your life? In a hospital? In your home?

These are questions your loved ones should know the answers to in case you ever become unable to communicate with them. By completing a living will, you can put these wishes in writing and make them official.

Your Health Care Agent

Choosing a health care agent (as well as backups) is an important part of the end-of-life planning process. Choose people who know you and are familiar with your values and health care wishes. Make sure they would be willing to carry out your wishes regardless of what other family members may say.

Memorial Wishes

Write down any wishes you have for arrangements after you die. Decide what you want to happen to your body after you are deceased. If you want your body cremated, specify what you want to happen to the ashes.

Decide what type of funeral service or celebration of life you would want. Some people give specific instructions for their service – from what colors their loved ones might wear to what music to play.

Overcoming Barriers to the Conversation

Many people hesitate to discuss end-of-life care due to fear, discomfort, or cultural taboos. To overcome these barriers, you can:

• Acknowledge the Difficulty: Recognize that these conversations are challenging but emphasize their importance.
• Focus on Benefits: Highlight the peace of mind and clarity these discussions provide.
• Share Personal Stories: Relate experiences where planning helped or where the lack of planning caused difficulties.
• Seek Professional Help: Enlist the guidance of a counselor, mediator, or estate planning attorney if needed.

How to Start the Conversation

Approaching end-of-life care discussions requires sensitivity, preparation, and an understanding of your preferences, as well as the emotional readiness of your loved ones. Here are some ideas to help you navigate these conversations effectively:

• Choose the Right Time and Setting: Select a quiet, private space and a time when everyone involved can participate without distractions. Avoid rushed or stressful environments. Perhaps someone you and your family know has recently gone through a situation that raises these questions, and you can use that as a jumping-off point for the conversation.
• Express Intentions Clearly: Start the conversation with an honest explanation of your goals. For example, “I want to make sure we understand each other’s wishes and views and are prepared for the future.”
• Ask Open-Ended Questions: Encourage dialogue by asking thoughtful questions, such as how your loved ones feel about life-sustaining treatments and palliative care. Ask them to describe what matters most to them and what their ideal day would be like. Some people would like to spend as much as time as possible with their family; others might want nothing more than to be able to enjoy a bowl of ice cream with a book or while watching television. There are no wrong answers.
• Be an Active Listener: Allow your loved ones to share their thoughts and feelings without interruption or fear of judgment. Validate their emotions and acknowledge their perspectives.
• Use Resources for Guidance: Leverage conversation guides and other tools from organizations such as The Conversation Project or National Hospice and Palliative Care Organization.
• Follow Up: End-of-life care discussions are ongoing. Revisit the conversation periodically to update plans as circumstances or preferences change.

Topics to Address

There are a few topics that should be central to discussions about end-of-life care. Being clear about your health care preferences, such as treatment options, palliative care, hospice, resuscitation, and pain management, will alleviate confusion down the road.

You may also wish to discuss preferences for spiritual rituals or support if this is important to you or your loved one. For instance, would you want a member of the clergy involved at the end of your life in some way? Would you want to consider working with a death doula?

Expressing your wishes for where you would ideally like to live during the last part of your life will help your loved ones make the necessary decisions if you are ever unable to make them. Discussing the cost of end-of-life care and after-death expenses will help both processes go more smoothly, too. Sharing your personal values with your loved ones can be a guide if they need to make decisions on your behalf.

Next Steps in End-of-Life Care Planning

It is never too early in your adult life to start your end-of-life planning or to talk about it with your loved ones. Make life easier for your loved ones by starting the process sooner rather than later. Your estate planning attorney can guide you through the process and create an estate plan that works for your unique needs and wishes.

Contact us

Questions? Contact us at Elise Lampert, Attorney at Law

   

Elise Lampert, Esq.

Law Office of Elise Lampert

9465 Wilshire Blvd. | Suite 300 | Beverly Hills , CA 90212

Phone: (818) 905-0601 / Email: elise@elampertlaw.com

https://www.eliselampert.com