By Michael J. Young, Estate Planning and Elder Law Attorney, Walnut Creek, California
Short answer: An estate plan is not mainly about money. It is about control. In your estate planning documents you decide, in advance, who will make health care decisions and who will make financial decisions for you if you cannot, and you can put in writing that you want to stay in your own home for as long as possible.
What worries people most about getting older?
Most people assume the big worry is money. It is not. It is control.
In a national survey of older adults released in June 2026, losing independence was the number one worry, named by 60 percent of those surveyed. It ranked ahead of financial hardship. Nearly half, 46 percent, said they worry about becoming a burden on their family.
I have been an estate planning and elder law attorney in Walnut Creek for more than 30 years, and that matches what clients tell me. What many people do not realize is that a good estate plan is designed to keep you in control.
How does an estate plan keep you in control?
You choose who makes health care decisions
In your health care directive, you name the person who will make health care decisions for you if you cannot make them yourself. You choose that person. A court or a hospital does not.
You choose who makes financial decisions
In your financial power of attorney and your living trust, you name the person who will handle your finances if you cannot. Again, the choice is yours, made while you are able to make it.
You can state how you want to be cared for
Care provisions can be written into your estate planning documents. In most of my clients’ documents, we confirm that they intend to stay at home and be cared for at home, using their own money, for as long as possible. Your family and the people you have named then have your wishes in writing.
How does planning keep you from becoming a burden?
The burden on a family usually comes from not knowing: who is supposed to be in charge, what you would want, and whether anyone has the legal authority to act. When your documents answer those questions, your family can simply follow your instructions. That is the opposite of being a burden.
How do I get started?
I represent clients remotely throughout California. If you would like to talk, go to walnutcreekelderlaw.com and send me an inquiry, filling out the short form as best you can, or call (925) 256-0298. When I receive your inquiry, I will call you. You can also read about the documents involved on my Estate and Asset Protection Planning page.
Questions and answers
Does making an estate plan mean giving up control?
No. An estate plan is how you keep control. You decide now who will act for you later, and the people you name step in only if you cannot make decisions yourself.
Who makes decisions for me if I cannot?
The people you name in your documents: a health care agent in your health care directive, and an agent or trustee for finances in your financial power of attorney and living trust.
Can my estate plan say that I want to stay in my own home?
Yes. Care provisions can be included in your documents confirming that you intend to remain at home and be cared for there for as long as possible.
What happens if I do not have an estate plan and can no longer make decisions?
Your family may have to ask a court to appoint someone to act for you, in a proceeding such as a conservatorship. The decision about who is in charge is then made by a judge and not by you.
Do I have to come to your office in Walnut Creek?
No. I prepare estate plans remotely for clients anywhere in California, by phone, Zoom, and email.
About the author
Michael J. Young is an estate planning and elder law attorney with more than 30 years of experience. His office, Law Offices of Michael J. Young, Inc., is at 1931 San Miguel Dr., Suite 220, Walnut Creek, CA 94596, and he represents clients remotely throughout California.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every family’s situation is different. This is attorney advertising.
