The Emotional and Financial Cost of Delaying Estate Plan Updates
Estate planning is one of those important tasks that somehow always slips to the bottom of the to-do list. It’s easy to think, “I’ll update my estate plan when I really need to.” But when it comes to revising your will, trust, power of attorney, or medical directives, deciding that you will just wait until your health starts to degrade is one of the riskiest forms of procrastination.
Whether a health crisis occurs suddenly or it progresses relatively slowly, by the time you contact an estate planning attorney, your ability to make legally valid estate plan updates may be limited or gone altogether. Whether postponing updates because life is busy, the topic feels overwhelming, or not wanting to spend money on it again, many people reassure themselves by assuming their current estate documents are probably “good enough,” even without having looked at them in many years.
But as the years go by, many aspects of your life evolve: relationships change, you may now have children or grandchildren or they may now be adults, family dynamics shift, new laws are enacted, your financial situation changes or you move to a different state, and those who you have appointed to manage your affairs if you cannot may no longer be suitable for that role. Your estate plan will need to evolve as well. An outdated estate plan can fail to protect you and your loved ones when it’s needed most.
Your Health Can Affect Your Ability to Make Valid Estate Planning Decisions
We all know that a medical crisis can strike quickly and without warning and strip a person of the ability to make any changes. Some clients have told me that they have changes they want to make in their estate plan, but they are willing to accept that risk. They know that ten years from now, they will also have changes they want to make, so they will just wait until then or until their health takes a bad turn, whichever comes first. However, even without sudden onset, illness, pain, hospitalization, and medications often impair decision‑making capability as well as the ability to communicate decisions. By the time you contact your estate planning attorney, it may be too late - you may lose legal capacity or pass away before your wishes can be put in place.
Crisis Planning Is Rushed Planning
When dealing with a negative prognosis, it is challenging enough to navigate treatment, comfort, and getting through each day. Trying to update an estate plan in this context often leads to rushed or incomplete decisions, missed, missing signatures, lost protections or overlooked details, incorrect beneficiary designations, and significant difficulty coordinating with attorneys, notaries, witnesses, and financial institutions. This is why estate plan updates should happen proactively, not as part of hospital‑bed decision making.
The Emotional Cost of Delaying Estate Plan Updates
Outdated estate planning documents can create emotional turmoil for your family. When instructions are unclear or no longer reflect your current wishes, your loved ones may be left dealing with confusion, second‑guessing, guilt, or conflict at a time when they desperately need stability and clarity. If updates are made during an illness, a common issue in families with strained relationships is that family members may misunderstand motives or feel suspicious. This can escalate into disputes that leave lasting scars on family relationships, especially at a time when support and understanding are needed most. Additionally, these misunderstandings may evolve into legal challenges. Updating and communicating your estate plan while you’re healthy helps prevent this uncertainty and reduces the likelihood of misunderstandings later.
The Financial Cost of Delayed Estate Planning
Delaying estate plan updates can also have serious financial consequences. Outdated documents may result in unintended beneficiaries, delays in accessing important accounts, unnecessary taxes, or costly legal proceedings. If powers of attorney are outdated or missing, your loved ones may be forced to petition a court simply to act on your behalf, which is an expensive and stressful process that is entirely avoidable. Furthermore, someone other than the person of your choosing may be put in charge of your medical or financial affairs.
If You’re Thinking About Reviewing Your Estate Plan, Now Is the Time
If you’re thinking, “I really should look at my estate plan again,” consider this your sign. Your estate plan should evolve as your life changes. Updating it along the way is one of the most meaningful gifts you can give yourself and your loved ones—ensuring clarity, protection, and peace of mind long before a crisis ever happens. Reach out today to schedule an estate plan review with your JGB attorney and give yourself and your loved ones the peace of mind that comes from having everything in order before it’s truly needed.
TrustGuard™ 2026 TrustGuard™
Enrollment for 2026 is now open. TrustGuard™ is a JGB proprietary, process-driven program designed for our clients who are serious about protecting their investment in their Trustbased Estate Plan with an annual review.
A subscription to TrustGuard™ includes: an annual review of your estate plan and trust funding assistance for the enrollment year, any required changes to your plan, access to our exclusive TrustGuard™ quarterly newsletter, and an invitation to our annual TrustGuard™ appreciation event. Clients who are eligible for TrustGuard™ are those who are renewing their TrustGuard™ membership and new clients who executed their trust documents in 2025.
Enrollment for the 2026 TrustGuard™ period ends on February 28, 2026. JGB clients who do not re-enroll during the enrollment period will not have another opportunity to become members of TrustGuard™. Participation in TrustGuard™ is entirely voluntary. The TrustGuard™ enrollment subscription is billed at an annual flat rate. Clients who pay their enrollment in full prior to February 1, 2026 will receive a $100 discount off of the price of full enrollment. A separate email will be sent with an enrollment form to all eligible TrustGuard™ clients.
About the Author:
Laura Feltman graduated from George Washington University with a B.A. in economics and was commissioned as second lieutenant through the U.S Air Force Reserve Officer Training Corps program at Howard University. Early in her military career, she participated in Operation Desert Shield, Operation Desert Storm, and Operation Provide Comfort as an aircrew member on command-and-control aircraft. She then attended William & Mary Law School through the Air Force's Funded Legal Education Program and served as a judge advocate for 12 years before retiring as a lieutenant colonel.
As a military attorney, Laura Feltman earned a reputation as a trusted legal advisor to commanders and young airmen alike. In several assignments, she served as the sole legal advisor on site. Laura has a natural compassion and care for each person's individual concerns. Laura has been a member of the Rotary Club of James City County since 2010 and served as its club president from 2014-2015.