They Planned for Death — But Forgot About Disability

They Planned for Death — But Forgot About Disability

A client’s father had a beautiful estate plan.
He’d done the hard work — created a trust, updated his will, named beneficiaries.

But when he had a stroke and couldn’t manage his affairs, the family discovered something terrifying:
His power of attorney was outdated.
And the bank wouldn’t accept it.

Suddenly, the plan that worked perfectly on paper was useless in real life.

They had to go to court.
They filed emergency petitions.
They sat through hearings, paid attorneys, and waited for a judge to decide who would manage his money.

It took months. It cost thousands.
And it all happened while their father was still alive, still fighting to recover.

When everything was finally resolved, his daughter looked at me and said:

“I thought estate planning was about what happens after someone dies. I had no idea we needed to plan for this.

That’s the truth most people miss.
You’re far more likely to face a period of disability than death.
And if your plan doesn’t prepare for it, your family may be left powerless when they need help the most.

Afterward, we made sure the entire family’s documents — powers of attorney, healthcare surrogates, and trusts — were updated and ready.

Because estate planning isn’t just about dying well.
It’s about living well, even when life takes an unexpected turn.

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Craig R. Hersch

  • Senior Partner,
    • Sheppard Law Firm
  • Florida Bar Board Certified Estate Planning Attorney / CPA
  • Editorial Advisory Board Member,
    • Trusts & Estates Magazine
  • Founder & Board Member,
    • State Chartered Trust Company