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2025 Estate Planning Essentials

Is your anxiety based on a mistake or behavior?

Many mistakes can be dissected, examined, and resolved to alleviate the anxiety.  

For example, you purchased your first home without employing a credentialed structural engineer to inspect the property for defects. You thought, “Hey, what’s the big deal?”

This was a mistake. The giant hornet habitat in the attic which turned your ceiling into mush was proof. You will remember this mistake for the next home purchase as images of yourself being chased around by those winged felons pop into your head during the contract signing.

Anxiety based on behavior is on a whole different planet. Continuing indifference, which leads to unpreparedness, which leads to panic during a crisis cannot be solved by forming a simple mental picture. Self-actualization leading to proactive steps that harden into good habits needs a starting point.

We do not want you to hit rock bottom.

A New Year’s resolution is a great way to begin the process.

Your loved ones have tried to talk to you. You’ve heard the terms many times – “power of attorney,” “health care proxy,” “living will,” “living trust.” You understand how essential these planning documents are in the event a health crisis occurs, and you get defensive.

This reaction is so common, and as such, your loved ones are about to give up, seeing as your behavior is the issue.

It is 2025. The New Year has begun. Everything is the same. Nothing is in order. You have come to the realization that no one is going to help you out of this funk. You call the elder law attorney and say you want to be protected and a consultation is booked.

You have two jobs: choose your people and protect your assets. The loved ones who only want the best but send you into defensive posturing are the same people who will be your agents under a power of attorney, health care proxy, and trustees.

Each document serves a purpose. A health care proxy is a person of your choosing who makes health care decisions if you are incapacitated. An agent under a power of attorney is authorized to handle financial matters on your behalf. A living will is the set of health care instructions that help to guide your health care proxy and medical personnel as to your end of life care. An irrevocable living Medicaid trust holds your assets to avoid probate and shield them from Medicaid and certain creditors.  

Fast forward a few weeks, and all of your planning documents have been executed. Your loved ones no longer have a look of dread on their faces. As far as you’re concerned, it was relatively painless and you turn your attention to the patio that could use some sprucing up.

A little good behavior goes a long way.

Alan D. Feller, Esq., is managing partner of The Feller Group, located at 572 Route 6, Suite 103, Mahopac. He can be reached at alandfeller@thefellergroup.com.

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