Protecting an At-Risk Loved One Through Smart Estate Planning

Today, many families face the heartache of watching a loved one struggle — whether with substance abuse, homelessness, mental illness, or a combination of these challenges. Family members often want to help, but they worry about how to do so without enabling harmful behavior.

An inheritance or large cash gift can sometimes make matters worse. A lump sum could be quickly spent on destructive habits or taken advantage of by people with bad intentions.

Create a Plan That Helps — Without Harm

If you have a loved one facing these challenges, speak with an experienced estate planning attorney right away. You have options that allow you to provide support while keeping safeguards in place.

One of the most effective tools is a trust. You can:

• Appoint a trustee (a trusted individual or professional) to manage funds on your loved one’s behalf
• Specify how and when money is distributed
• Set conditions for treatment or support programs
• Earmark funds for caregivers, housing, education, or recovery services
• Include incentives to encourage healthier choices

Trust provisions can go into a stand-alone trust or be built directly into your will.

Why You Should Act Now

Delaying planning can leave your loved one unprotected. If you pass away without a will or trust, state law will determine who inherits — likely giving your loved one unrestricted access to funds. Even if you already have documents, review them every few years. If they’re more than five years old, they may be outdated or missing important protective language.

Call us or another estate planning attorney to ensure your plan reflects your current wishes and provides the right protections.

Go Beyond Legal Documents

Legal planning is important, but you can take additional steps:

• Write a letter of instruction – Explain your wishes in plain language, share values or hopes for your loved one, and list where to find important documents (birth certificates, financial records, passwords). Keep this letter safe since it contains sensitive information.
• Have a heart-to-heart conversation – If possible, talk with your loved one. Open communication can reduce future conflict and create a sense of peace for the entire family.

Take the First Step

Families who plan ahead can provide both protection and compassion for at-risk loved ones.

📞 Call us today at (207) 848-5600 or visit our [Contact Page] to schedule a consultation. Together, we can help you create a plan that supports your loved one’s well-being while preserving your peace of mind.