Let's Talk Estate Planning

Who Makes Decisions If You Can't?: Protecting Independence Through Estate Planning


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What if the very thing you fear—losing your independence—actually happens because you didn't plan for it?

Most folks think talking about estate planning is just doom and gloom, but here's the kicker: if you don't set up the right documents, the decisions that matter most—your care, your finances, your family's peace of mind—might end up in the hands of someone you'd never pick. This episode is all about holding on to your independence, even if life throws a curveball.

I'm sharing stories and strategies to help ensure that all your hard-earned assets and your most personal wishes stay in the right hands, especially as you or your loved ones age. If you worry about family members landing in crisis because there's no clear plan, this episode will help you sleep better at night. By the time you're done listening, you'll understand how the right power of attorney, health care directive, and maybe even a living trust, can keep your future (and your family's) on track, no matter what life brings.

We dig deep into what it really means to preserve your independence as you age, and how to sidestep the heartbreak and confusion that hits so many families who haven't planned ahead. I'll break down what powers of attorney really do, why picking the right helpers matters, and how you can set up instructions that carry your wishes forward if you can't speak for yourself.

Good estate planning isn't about giving up control or making things complicated. It's about having a clear, repeatable plan that keeps you (and your family) in the driver's seat, even when you can't be at the wheel in person.

Chapter Highlights (00:00) What happens when someone has lost capacity and the courts get involved? (01:35) How estate planning lets you call the shots even when you can't (04:19) Real-life: Mary Elizabeth's story and using professional fiduciaries (06:20) The downside of not having a power of attorney in place (09:00) How to pick your "best helpers" (and why nobody does it all alone) (10:09) The truth about powers of attorney: You don't lose your power (12:42) Why a health care directive matters for your medical decisions (13:50) How to choose trustworthy agents and what to tell them (16:08) Avoiding pitfalls: What makes a power of attorney actually work (18:19) Next-level planning: Why you might want a living trust (and what it does) (20:28) Bringing it all together—how your plan can keep you independent (22:02) How to get started and make this process less overwhelming

Reserve Your Spot at Our Next Estate Planning Law Group of Georgia Workshop

https://letstalkestateplanning.com/estate-planning-workshops/

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https://letstalkestateplanning.com/

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Meet Jim Miskell

Jim Miskell is the principal attorney and founder of the Estate Planning Law Group of Georgia, James M. Miskell, PC, and practices exclusively in the areas of Elder Law, Estate Planning, and Probate. Jim began his law career more than 30 years ago as an Assistant District Attorney, specializing in prosecuting crimes against children and special victims.

For the past decade, Jim has been in private practice as The Estate Planning Law Group of Georgia, James M. Miskell, P.C. and now specializes in wills, trusts, estate planning, and elder law, helping families plan for all stages of their lives.

No two families are the same and no two estate plans are the same. Jim believes that estate planning is most effective when you understand all of your options before making any major decisions. To that end, the Estate Planning Law Group of Georgia, James M. Miskell, PC, offers free educational workshops so that clients discover potential issues and options for their families. Then, in consultation, families can make informed decisions in planning for the future.

Disclaimer

The information provided in this podcast is for general informational and educational purposes only. It is not legal advice. If you need advice about your specific situation, please consult a qualified attorney licensed to practice in your state and experienced in the relevant area of law.

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Let's Talk Estate PlanningBy The Estate Planning Law Group of Georgia