Estate planning is not only about financial assets. For families touched by mental health conditions or degenerative brain diseases, thoughtful planning can determine whether a loved one receives consistent care, maintains personal dignity, and has trusted advocates in place when decision-making becomes difficult. Incorporating powers of attorney and exploring community resources adds resilience to the planning process.

Powers of Attorney and Mental Health Care or Brain Disease:

A power of attorney (“POA”) is a cornerstone of planning for incapacity. It allows a designated agent to act on someone’s behalf if they are unable to manage financial, medical, or legal matters. For individuals living with mental health diagnosis—whether it involves periodic episodes or progressive decline—having a POA in place can prevent confusion and conflict.

Financial POAs enable a trusted individual to pay bills, manage investments, or make real estate decisions when the principal cannot. Health care POAs or health care proxies focus on medical treatment choices and coordination among providers. Establishing these documents while the individual retains legal capacity is critical; waiting until a crisis arises often results in court intervention through guardianship or conservatorship proceedings, which can be costly and disruptive.

Estate Planning Considerations:

Pennsylvania’s law on mental health care can be found at 20 Pa. C.S.A. § 5801 et seq. or Act 194, Title 20, Chapter 58 entitled the Pennsylvania Mental Health Care Act.

The mental health care power of attorney is so important for several reasons:

• The agent may be authorized to make decisions about treatment, hospitalization, medications, and other mental health services, to the extent the principal has granted those powers.

• The PA statute prohibits delegating authority to consent to psychosurgery or termination of parental rights unless explicitly authorized in the directive (and few people include those).
• If the directive is silent on particular decisions, the agent generally acts under the principle of “substituted judgment” (i.e. making the decision the principal would have made if competent).
• The agent has the right to access the principal’s mental health care records as needed to make informed decisions.

• This document allows an individual to “tie down” certain choices (e.g. known medications to avoid or preferences for electroconvulsive therapy (“ECT”), or consent/refusal for experimental studies or drug trials) while giving the agent leeway in uncertain future circumstances.

Estate planning for individuals with mental health care or brain disease requires balancing autonomy with safeguards. A revocable living trust can provide continuity of financial management while also giving flexibility if circumstances change. Special needs trusts may be appropriate if public benefits are involved, with resources that supplement—rather than disqualify—a patient from assistance.

Clear beneficiary designations on retirement accounts and life insurance can avoid unintended transfers and reduce administrative burdens. In blended families, trust provisions can help align the interests of both spouses and children, while preventing financial exploitation of a vulnerable beneficiary.

Importantly, these strategies are most effective when communicated openly within the family and coordinated with professional advisors who can anticipate both tax implications and caregiving costs.

Community and Nonprofit Involvement:

Estate planning also intersects with philanthropy. Many local nonprofits dedicate themselves to supporting patients with Alzheimer’s, Parkinson’s, traumatic brain injury, and other neurological conditions. These organizations often provide respite care, counseling, advocacy, and research funding. Families may find it meaningful to incorporate charitable giving into their estate plan—whether through donor-advised funds, charitable remainder trusts, or direct bequests.

The Association for Frontotemporal Degeneration, located at 2700 Horizon Drive, Suite 120, King of Prussia, PA, provides support and resources to patients and families. Emma Heming Willis, the wife of Bruce Willis, applauded the community support groups at AFTD.[1]

Beyond tax considerations, charitable planning reflects values and provides ongoing support for the community networks that assist patients and caregivers. By engaging with nonprofits at both a personal and financial level, families reinforce a legacy of care that extends beyond their own household.

Moving Forward with Confidence:

Families confronting mental health care and brain disease face unique challenges, but they need not navigate them alone. Through powers of attorney, tailored estate planning strategies, and involvement with local nonprofits, individuals can establish systems that protect loved ones and strengthen community support.

WealthDoneR.I.T.E. means aligning resources with intention, with plans that are resilient, integrated, and enduring. Thoughtful preparation today allows families to respond to tomorrow with clarity and strength.

Your family deserves clarity and confidence.
If you’re considering an ABLE account or preparing for the expanded 2026 eligibility, we can help you understand your options and create a plan aligned with your goals Schedule a call here.

[1] Wills, E.H. (2025, October/November 2025), A Caregiving Journey and Excerpt: Emma Heming Willis on her ‘unexpected journey.’ AARP Magazine. https://www.aarp.org/entertainment/books/the-unexpected-journey-book-excerpt/.

For Informational Purposes only and not for legal or tax advice.

About the Author – Marie Feindt, JD 

Marie Feindt is the Planning Specialist – Estate Attorney at Members’ Wealth, a boutique wealth management firm that offers a comprehensive and holistic approach to serving individuals, families, business owners, and institutions. The firm’s goal is to preserve and grow its clients’ wealth to endure over time, while thoughtfully evolving its strategy to suit an ever-changing world. With over 20 years of estate planning experience, Marie and the Members’ Wealth team thrive on bringing clarity and confidence to clients’ unique situations. She believes everyone, young adults and older, need the essential documents to conserve and preserve and transfer assets accumulated during lifetime to the next generation.

Marie received her JD from Widener University School of Law, her bachelor’s degree from Penn State University, University Park and is currently enrolled in the Villanova University Charles Widger School of Law Graduate Tax Program.

Marie is an Adjunct Faculty at the Villanova University College of Professional Studies Paralegal Professional Certificate Program where she teaches Estates & Trusts and Civil Procedure & Litigation and Torts & Personal Injury Law.

Marie volunteers for a monthly legal clinic at The Salvation Army in Chester, PA facilitated by the Christian Legal Clinic of Philadelphia. She has served on the Women’s Commission of Delaware County and as a Board Member for the Delaware County Literacy Council.

Marie enjoys biking, reading, yoga and walking in her free time with her husband and three children.

To get in touch with the Members’ Wealth team today, I invite you to email info@memberswealthllc.com or call (267) 367-5453. 

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