Estate Planning for Parkinson's Families: Why You Need More Than a Will

Most families think of estate planning as a single document: a will. But for families navigating a Parkinson's disease diagnosis, a will alone can leave dangerous gaps. At a recent PD Talk hosted by the Parkinson's Association of Southwest Florida (PASWFL), elder law attorney Ted Wolfendale, Esq. explained why the real risk isn't dying without a will. It's becoming incapacitated without the right documents in place first.
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Wolfendale has watched families lose the ability to plan simply because they waited too long. Here's what he says every Parkinson's family needs, and why timing matters more than most people realize.

​What Estate Planning Documents Do Parkinson's Families Need?
Beyond a will, families affected by Parkinson's disease typically need a durable power of attorney, a health care surrogate designation, a living will, a blanket HIPAA authorization, and, in some cases, a trust and a Medicaid plan. These documents must be created while the person with Parkinson's still has legal capacity, since courts will not allow them to be signed later.

Why Estate Planning Can't Wait with a Parkinson's Diagnosis
Wolfendale explained that a power of attorney lets a person, the "principal," name someone else, the "agent," to manage finances or health decisions on their behalf. The catch: it can only be created while the principal has legal capacity. Once a court determines someone lacks capacity, that window closes permanently.

Florida law does offer some flexibility. Under Florida Statute 117, a principal who cannot physically sign their name may make an "X," and Florida also recognizes an "overt act," such as pointing to indicate an intended agent, if capacity is otherwise present. Wolfendale has used both provisions with Parkinson's clients. But he was direct: waiting until symptoms are advanced is a gamble.

The Backup Plan Nobody Talks About: A Blanket HIPAA Authorization
One of the most overlooked documents, Wolfendale said, is a general HIPAA authorization listing every person who might need to advocate for you, not just your official health care surrogate. He described a case involving a couple who had lived together for decades without marrying; when one partner was hospitalized, the other was barred from her bedside because his name wasn't on a HIPAA form. A blanket authorization prevents that.

Living Will, Last Will, or Trust: Which Do You Need?
A living will governs decisions while you're alive, such as life support preferences. A last will directs where assets go after death but must pass through probate, a court process that can take months or years. A trust accomplishes the same goal privately and typically faster, without probate, though it costs more to set up initially.

Guardianship: The Costly Outcome of Waiting Too Long
Without a power of attorney, an incapacitated person's family must petition the court for guardianship, a process requiring evaluation by three doctors and separate attorneys for both the ward and the petitioner. Wolfendale said this route often costs tens of thousands of dollars, expenses that proper planning can avoid entirely.
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Medicaid Planning: Protecting Savings Without Losing Care
Many families assume they have "too much" money to qualify for Medicaid, or too little to bother planning. Wolfendale said neither is necessarily true. Legal strategies, such as personal service contracts and Florida's home equity exemption, can protect significant savings while still qualifying a family member for benefits like Florida's Home and Community-Based Services (HCBS) program, which supports in-home care.

​Questions People Ask
Does a person with Parkinson's disease need a power of attorney even if they feel fine? Yes. A power of attorney can only be created while the person has legal capacity, so Wolfendale recommends creating one early, well before it might be needed.

What's the difference between a living will and a last will? A living will states your wishes for life support while you're alive; a last will directs who receives your assets after you die and must go through probate.

Can a power of attorney from another state be used in Florida? Generally yes, under the U.S. Constitution's Full Faith and Credit Clause, but Florida institutions often require Florida-specific language, so a Florida-drafted document is usually more reliable.

Does having savings disqualify someone from Medicaid? Not necessarily. Legal planning strategies can protect assets, including home equity up to a set limit, while still qualifying a person for Medicaid-funded care.
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Conclusion
A Parkinson's diagnosis doesn't just change day-to-day life. It changes the calendar for legal and financial planning. As Wolfendale put it, the documents that matter most, powers of attorney, health care surrogates, and a blanket HIPAA authorization, only work if they're created while there's still time. Waiting isn't a neutral choice; it's a decision that can cost families their options.

Why Support Matters
A diagnosis of any form of Parkinson's can feel overwhelming. But with the right support and resources, individuals can maintain independence, quality of life, and emotional well-being.
For resources, referrals, and support in navigating Parkinson's and related conditions, contact the Parkinson's Association of Southwest Florida at www.paswfl.org or call 239-417-3465.

For over 25 years, PASWFL has provided free, high-quality services and programs to individuals and families touched by Parkinson's disease in Southwest Florida. Their goal is simple: help people live well with PD, regardless of where they are in their journey.

Each week, PASWFL offers more than 25 free programs and support groups, including:

• Wellness and fitness classes
• Speech Exercise classes
• Educational seminars
• Support for care partners
• Support groups

There are no fees to become a member, and PASWFL welcomes anyone touched by PD.

Take the First Step Toward Living Well
If you suspect early Parkinson's or have been recently diagnosed, you don't have to face it alone.
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To learn more, visit www.paswfl.org and discover the power of support, education, and community.