More and more members of the Baby Boomers generation are confronted with the emotional and financial challenges that come with caring for their aging parents. I commonly receive telephone calls from adult children asking about the preparation or updating of estate planning documents for their parents.

The first question I ask is whether their parents are able to understand the substance of such estate planning documents. Put more bluntly, do their parents have the legal capacity to understand typical estate planning documents. Often it is too late to address these requests because the parent no longer has legal capacity. An attorney cannot prepare documents for clients who do not have the legal capacity to understand what they are signing.

When legal capacity is lacking, creative approaches may be available to address issues related to estate planning by way of guardianships and agreements permitted under Washington’s Trust and Estate Dispute Resolution Act. However, these measures are complex, expensive and are not the best substitute for a clear estate plan prepared by clients with clarity of mind.

The better approach is to have this discussion with parents while they still have clarity of mind and understand the subject of their estate plan. Such a plan typically includes a will or living trust, a durable power of attorney for financial matters, a durable power of attorney for health care decisions, possibly a community property agreement, and a health care directive. Whether such documents exist or should be updated is the focus of this discussion and children should also identify the parents’ advisors (doctors, accountant, attorney, investment advisor and insurance agent), and the nature and location of the parents’ primary assets.

Of course, in a perfect world the parents should initiate this discussion. However, it is my experience that parents of Boomers are very private about their affairs and often will not discuss their affairs with their children. Many adult children find this topic difficult to broach. However, when handled with care it can often lead to some very interesting conversations and a deeper relationship between parents and their children.