Planning Ahead with Parkinson’s: Writing Your Will and Navigating Legal Planning with Parkinson’s

While financial security is essential when it comes to living with Parkinson’s (see our guide on the financial planning for Parkinson’s), so is making sure your legal affairs are in order. 

Estate planning and legal directives provide clarity, reduce family conflict, and protect your wishes. For people with Parkinson’s, starting early ensures decisions are made while you have full capacity.

Let’s walk through the essentials of wills, powers of attorney, and advance directives so you can feel confident, prepared, and supported as you navigate life with Parkinson’s.

Estate Planning for PD: Putting It in Writing

Estate planning ensures your assets are managed and distributed according to your wishes. For those with PD, it also provides clarity and reduces potential family conflict.

Wills

A will outlines how your assets will be divided, names an executor, and can appoint guardians for dependents. Without a will, state laws determine distribution, which may not reflect your preferences.

Here are the steps to follow when making a will: 

1. Decide What You Want the Will to Cover

• List your assets (bank accounts, property, investments, personal belongings).
  
  
• Decide who you want to inherit what.
  
  
• Think about guardianship if you have minor children or dependents.
  
  
• Consider charitable donations or notable bequests.

2. Choose an Executor

• Select someone you trust to carry out your wishes (this can be a family member, close friend, or professional like an attorney).
  
  
• Confirm that the person is willing and able to take on the responsibility.

3. Decide on Guardianship (if applicable)

• If you have minor children, choose a guardian.
  
  
• Consider naming an alternate guardian in case your first choice cannot serve.

4. Consult an Attorney (Recommended)

• An estate planning attorney ensures your will meets your state’s legal requirements.
  
  
• They can also advise on trusts, tax implications, and special situations (like blended families, special needs, or large estates).

5. Draft the Will

You can:

• Use an attorney: Provides the most security and customization.
  
  
• Use an online will service or software: More affordable, good for straightforward estates.
  
  
• Write your own (handwritten/holographic will): Only valid in some states, often more prone to disputes.

6. Sign the Will Properly

• Most states require at least two witnesses (who are not beneficiaries).
  
  
• Some states allow notarization for added legal strength.
  
  
• Make sure signatures and dates are included correctly.

7. Store the Will Safely

• Keep it in a safe but accessible place.
  
  
• Make sure your executor and key family members know where it is.

8. Review and Update Regularly

Update your will when life circumstances change.

Trusts

Trusts can provide more control and flexibility than wills. Common options include:

• Revocable Living Trusts: Allow you to maintain control of assets during your lifetime and designate management if you become incapacitated.
  
  
• Special Needs Trusts: Helpful if you want to leave funds for a loved one without jeopardizing their government benefit eligibility.

Trusts can also help minimize estate taxes and avoid probate, saving time and money for your heirs.

Giving

Charitable giving can be built into your estate plan. This may include:

• Donations to Parkinson’s organizations.
  
  
• Gifts to family while you’re alive (which can also reduce estate taxes).
  
  
• Setting up donor-advised funds for ongoing charitable impact.

Powers of Attorney & Guardianship: Choosing Someone to Act on Your Behalf

Powers of Attorney

A power of attorney (POA) gives someone legal authority to make decisions on your behalf. This is crucial for people living with Parkinson’s, as cognitive or motor impairments may eventually limit decision-making ability.

Types of Powers of Attorney in California:

• General POA: This gives the agent authority to manage finances, property, and contracts on your behalf.
• Durable POA: Remains in effect even if you become incapacitated. Often used in conjunction with General POA. 
• Medical POA: Authorizes someone to make medical decisions based on your preferences.
• Limited or Special POA: Grants authority over a specific purpose or action. 

Having these documents in place ensures continuity and reduces confusion if you’re unable to manage affairs yourself.

Guardianship

If no POA is established and you lose decision-making capacity, the court may appoint a guardian. Guardianship gives broad authority over healthcare, finances, and daily living. It’s typically more restrictive than a POA and can be stressful for families, so establishing powers of attorney early is preferable.

Advance Directives

Advance directives outline your medical care wishes in case you can’t communicate them. These documents may include:

• Living Will: Details your preferences for life-sustaining treatments (ventilators, feeding tubes, resuscitation).
  
  
• Do Not Resuscitate (DNR) orders: Specifies if you do not want CPR in a medical emergency.
  
  
• POLST/MOLST forms: Physician/Medical Orders for Life-Sustaining Treatment, used in some states to guide emergency responders. In the state of California, these forms are voluntary, not required.

These documents protect your autonomy and guide your healthcare team and family.

PCLA Resources

Navigating the legal side of Parkinson’s can feel overwhelming, but PCLA provides guidance and connection every step of the way. Whether you’re preparing a will, setting up a trust, or establishing powers of attorney, PCLA can help by:

• Offering support groups where families can share experiences about legal planning and caregiving.
• Referring you to trusted attorneys who understand the unique considerations of Parkinson’s.
• Connecting individuals and families with community resources to make legal planning less stressful.

For more information and educational materials, including articles, podcasts, and videos, visit PCLA’s website.

Protecting Your Wishes, Empowering Your Journey

Taking time to prepare your will and legal documents is one of the most powerful ways to protect your wishes and provide comfort to your loved ones. Proper planning ensures your legacy, healthcare preferences, and personal dignity are respected, giving you and your family peace of mind.

You don’t have to navigate these decisions alone. PCLA provides support groups, educational programs, and trusted referrals so you can plan with confidence and focus on what matters most: living fully and embracing joy throughout your Parkinson’s journey.