Addressing a Spouses’ Mental Health in Estate Planning

Addressing mental health in estate planning, especially in the context of spouses, is a significant and sensitive aspect that should not be overlooked. Mental health issues can impact a person’s decision-making capacity, which can have legal implications when it comes to wills, trusts, and other estate planning documents. It’s crucial for spouses to take a thoughtful and proactive approach to ensure that their estate plans are not only legally sound but also sensitive to each other’s mental health needs.

Open and honest communication is essential. Spouses should discuss their individual mental health concerns, challenges, and treatment preferences. These conversations can help ensure that both parties understand each other’s wishes and can support each other during difficult times. Additionally, it’s important to appoint trusted individuals who can serve as healthcare proxies or attorneys-in-fact under a durable power of attorney if a spouse becomes unable to make decisions due to mental health issues. This designee should be well-informed about the affected spouse’s values and preferences regarding medical treatment, financial management, and estate distribution.

If you and your spouse are seeking guidance on how to navigate mental health-related concerns in your estate planning, Gregorek and Associates can help. We can offer the legal expertise and support needed to create a comprehensive and empathetic plan that aligns with your specific needs and goals. To initiate this important conversation and take proactive steps toward securing your family’s future, call our office at 425-284-3450 or fill out our contact form and we will be in touch to schedule a meeting.