Episode Summary

In this episode of Red Flags with Elissa, Elissa Brewster explains why incapacity planning is just as important as traditional estate planning. She breaks down the role of medical and financial powers of attorney, what happens if no documents are in place, and how families can avoid painful court battles. Elissa also shares practical advice on guardianship, protecting loved ones with special needs, and choosing the right person to make critical decisions when you cannot.

Key Timestamps

01:20 – Why planning for incapacity matters
04:50 – Advanced directives and removing the burden from loved ones
06:15 – Difference between medical and financial power of attorney
08:30 – What happens if someone has no documents in place
10:10 – Guardianship concerns and protecting children with special needs
12:40 – Choosing the right person as your power of attorney
13:45 – Avoiding financial abuse and misuse of authority
15:00 – Why estate planning documents should be reviewed and updated 

16:00 – The first step if you’re just starting your estate plan

About the Show

Red Flags with Elissa is a podcast dedicated to helping families spot the warning signs that can create stress, conflict, and costly mistakes when it comes to estate planning. Host Elissa Brewster, an experienced attorney, breaks down wills, trusts, probate, and family dynamics into clear, practical conversations. Each episode highlights the “red flags” to watch for—and the proactive steps you can take to protect your loved ones, your assets, and your legacy.