Earlier this year, my husband attended a work conference in Morocco, and I had the opportunity to tag along as his plus-one. Before the trip, I spent months planning what I was going to wear.

Because I would be attending networking events, a formal gala, sightseeing excursions, workouts, pool days, and long travel days, I needed a surprisingly wide variety of clothing. I researched weather patterns and local customs, spent far more time than I care to admit scrolling through Poshmark, and used the Stylebook app to create packing lists and outfit combinations. And I loved every minute of it.

We Make Time for Plans We Enjoy

What I’ve noticed, both in my own life and in my law practice, is that we naturally make time to plan for the things we want. What we tend to avoid are the conversations about the things we hope never happen. That’s one of the reasons so many people put off estate planning.

Estate Planning Is About More Than Who Gets Your Stuff

When most people think about estate planning, they think about deciding who gets their assets after they die. While that is certainly part of the process, I’ve always believed estate planning is really about answering three fundamental questions:

• Who speaks for me if I can’t speak formyself?
• Who takes care of the people and pets I love if I can’t be there for them?
• Who gets my stuff when I die?

Most people come to estate planning focused on the third question. In my experience, the first two are often the questions that matter most.

Why Incapacity Planning Matters

In California, the people you trust do not automatically have the authority to handle every medical and financial matter for you if you become incapacitated. Incapacity planning allows you to choose who should act and put the necessary authority in place before they need it.

Depending on your circumstances, someone may need the authority to:

• Speak with your doctors and make medical decisions for you
• Pay your bills, access accounts, and manage your finances
• Keep your business or household running
• Make sure the people and pets who depend on you are cared for

Choosing the right people is only part of the process. Your estate plan must also give them the legal authority they will need to act.

Without a Plan, Your Family May Be Left Guessing

If you become unable to make decisions and do not have an incapacity plan in place:

• Your loved ones may not know what you would have wanted
• Family members may disagree about who should be in charge
• The person everyone expected to help may have no authority to act
• Your family may have to ask a California Court to obtain that authority

These problems tend to surface when the people you love are already scared, overwhelmed, or trying to make decisions quickly. A thoughtful estate plan gives them both the authority to act and guidance about your wishes.

Planning Is an Act of Care

Most of us spend our lives taking care of someone or something. We care for children, spouses, aging parents, businesses, homes, causes, and beloved pets. We become so accustomed to being the person who handles things that we rarely stop to ask what would happen if we suddenly could not.

Estate planning is not about expecting the worst. It is about making thoughtful decisions while you are able to make them, so the people you trust can step in if they are ever needed. At its heart, it is an act of care.

Planning my Morocco wardrobe was easy because I enjoyed doing it.  Incapacity planning is easier to postpone because it asks us to think about something we hope never happens. But uncomfortable planning is not unimportant planning.

If you have been putting off estate planning because it feels overwhelming, uncomfortable, or easy to deal with “later,” this is your reminder that later is not a plan.

At Blue Water Estate Planning, we help clients think through who should speak for them, who should care for the people and pets they love, and what needs to be in place so their wishes are clear. If you are ready to put those decisions in writing, click on the link below to schedule a consultation.

Once those questions are answered, you can get back to planning the things you actually want to think about.  Like your next adventure.