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Episode 7 | Elder Law for Aging Parents: Who Controls Your Life If You Can’t?
08/11/2026
Episode 7 | Elder Law for Aging Parents: Who Controls Your Life If You Can’t?
Elder Law for Aging Parents is about much more than what happens after someone dies. It’s about making sure your family knows who can make decisions, manage finances, communicate with doctors, and step in when an aging parent can no longer do those things for themselves. In Episode 6 of the Aging Parent Podcast, Valerie Upham sits down with Kimberly R. McGhee, CELA, a Certified Elder Law Attorney with Black & McGhee, to talk about the legal planning families often don’t think about until there’s already a crisis. Kimberly explains why she considers an estate plan a “manual for your life”—a set of instructions that can help answer who manages your affairs while you’re well, who steps in if you become incapacitated, and what happens after your death. The conversation goes beyond traditional estate planning for aging parents. Valerie and Kimberly discuss powers of attorney, advance healthcare directives, trusts, conservatorships, probate, digital assets, long-term care planning, and one of the most overlooked decisions of all: choosing the right person to act on your behalf. Kimberly also challenges the assumption that the oldest child, caregiving daughter, or most obvious family member should automatically be put in charge. Instead, she encourages families to think of the role as a job and ask whether that person truly has the skills, temperament, and judgment required to do it. The episode also explores why the best person to manage finances may not be the same person you want advocating for your healthcare. In This Conversation, We Cover What an elder law attorney does and how elder law differs from traditional estate planning The legal documents aging parents should consider before a crisis Powers of attorney and advance healthcare directives What can happen when someone loses capacity without a plan Conservatorship and why planning ahead matters Revocable living trusts and probate Long-term care and Medi-Cal planning considerations Why a power of attorney ends at death Planning for digital assets, online accounts, and financial information How to choose a successor trustee Why your financial decision-maker and healthcare advocate may be different people When a professional fiduciary may make sense How poor planning and lack of communication can contribute to family conflict Why both spouses should understand where important financial and legal information is kept Kimberly also shares real situations involving spouses and adult children who were left trying to manage finances, healthcare, or estates without having the necessary information or authority in place—illustrating how much harder an already emotional situation can become without advance planning. About the Aging Parent Podcast The Aging Parent Podcast features conversations with professionals who work with older adults and their families. Each episode is designed to give aging parents and adult children practical information, real-world perspectives, and resources that can help them better understand their options and make informed decisions before a crisis forces the conversation. Topics include senior living, caregiving, dementia, elder law, estate planning, hospice, downsizing, long-term care, aging in place, and other decisions families face as parents get older. Connect With Today’s Guest Kimberly R. McGhee, CELA* Certified Elder Law Attorney by the National Elder Law Foundation THE ESTATE LAWYERS, APC 📞 Phone: (858) 351-4006 📧 Email: kim@theestatelawyers.com Connect With Aging Parent Network Not sure where to start with an aging parent? Aging Parent Network helps families understand their circumstances and connects them with professionals who may be appropriate for their needs. 📞 Phone: 858-727-9333 📧 Email: info@agingparentnetwork.com If you’re concerned about an aging parent and aren’t sure which professional to call or what questions to ask first, contact Aging Parent Network at 858-727-9333. We’ll listen to what’s happening and help identify the right type of professional for your circumstances. If this conversation helped you, subscribe to the Aging Parent Podcast, share this episode with a family member, and save it for the conversation you may need to have later.
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