For many individuals, estate planning naturally revolves around a spouse or children. These are often the individuals who will step in during a crisis, make decisions and ultimately, inherit assets. But increasingly in my practice, I am meeting with a population that does not have that built in support system. Whether by choice or circumstance, aging without a spouse or children presents unique estate planning challenges that require thoughtful and proactive solutions.
Who Will Make Decisions for You?
One of the most immediate concerns for solo-agers is decision-making in the event of incapacity. Without a default decision-maker, there is sometimes no logical answer as to who to appoint as your agent under a health care proxy or power of attorney in the event of incapacity.
Without proper planning, this often results in court intervention through a guardianship proceeding, an outcome that can be both costly and emotionally taxing. Furthermore, if there is no willing relative to step in, the guardian will often be a third party court appointed guardian, often times an attorney of a court list of willing attorneys to act.
Having a stranger make medical and financial decisions for one is not ideal. While considering who to appoint as an agent under a health care proxy or power of attorney can become a daunting task, in my opinion, it is a necessary one. Trusted friends, extended family members, or even professional fiduciaries may serve in these roles, but the choice should be made deliberately, with clear communication and, ideally, backups in place. Often times, individuals I meet with do not want to burden their friends or extended family members and I have seen an uptick in the amount of individuals seeking to appoint professionals in lieu. While this is an excellent option, it too requires vetting, annual meetings with the professional (before any incapacity even occurs) and can increase the costs to the individual as the person is being hired to act in these capacities. We are also seeing a growing number of professional fiduciaries offering these services. Generally these individuals have daily money manager practices where they act as “financial caregivers” and will help with everything from bill payment and organization through estate administration after passing. Some are also willing to act as the health care proxy as well.
The Risk of Isolation in a Crisis
In many cases, solo-agers face not only legal gaps but practical ones. Who will notice if something is wrong? Who will advocate during a hospital stay or ensure that care preferences are followed?
This is where planning goes beyond documents. Building a network, whether through friends, advisors, or care managers, can be just as important as executing legal instruments.
Managing Finances and Avoiding Court Intervention
Without a trusted individual in place, financial institutions may hesitate to act, even in emergencies. A properly drafted power of attorney, potentially paired with a revocable living trust, can ensure continuity in financial management without court involvement and ensure that the individual stays in control of decision making for as long as possible.
Communication with all individuals is key. A financial advisor often acts as more than just an advisor with this population, and may even be the individual connecting the dots and assisting in coordinating a plan.
Where Will Your Assets Go?
Unlike traditional estate plans that prioritize spouses and children, solo-agers typically have more flexibility…but also more decisions to make.
Friends, extended relatives, and charitable organizations frequently become the focus of testamentary planning. However, without careful drafting, even well-intentioned plans can create confusion or disputes.
For example, if the solo-ager has assets in his or her name alone with no beneficiaries listed, even if their Last Will and Testament clearly outlines their wishes, their next of kin are still necessary parties to a Probate proceeding in the Surrogate’s Court and must be located and given an opportunity to indicate why the Will should not be admitted to probate. Sometimes this requires genealogists to be hired to locate relatives, more lengthy affidavits prepared demonstrating efforts to locate next of kin, or in the worst case scenarios, opens a door for an angry estranged next of kin to wreak havoc in an attempt to undermine a plan.
Avoiding probate for the solo-ager is critical. As such, clear beneficiary designations with alternate beneficiaries listed, along with the use of a Revocable Living Trusts to avoid probate is critical.
A Different Kind of Planning—But No Less Important
Estate planning for solo-agers is not about replacing family. It is about intentionally creating a structure of support where one does not naturally exist.
With the right legal documents, trusted decision-makers, and a proactive approach, solo-agers can maintain control, protect their assets, and ensure their wishes are honored.
In many ways, this type of planning requires even greater care and attention. Meeting with an Elder Law and Estate Planning attorney that focuses on these complexities is an excellent first step and offers an opportunity for the solo ager to define, on their own terms, who will stand in their corner when it matters most.
Lauren C. Enea, Esq. is a Partner at Enea, Scanlan & Sirignano, LLP. She concentrates her practice on Wills, Trusts and Estates, Medicaid Planning, Special Needs Planning and Probate/Estate Administration. She believes that it is never too early or too late to start planning for your future and she enjoys working with individuals to ensure that their plan best suits their needs. Ms. Enea received a B.S. in Business Management from Quinnipiac University graduating Magna Cum Laude and a J.D. from the Pace University School of Law graduating Summa Cum Laude. She is admitted to practice law in New York and Florida. She can be contacted at 914-948-1500 or www.esslawfirm.com and she has offices in both White Plains and Somers, New York.
Lauren C. Enea, Esq. is a Partner at Enea, Scanlan & Sirignano, LLP. She concentrates her practice on Wills, Trusts and Estates, Medicaid Planning, Special Needs Planning and Probate/Estate Administration. She believes that it is never too early or too late to start planning for your future and she enjoys working with individuals to ensure that their plan best suits their needs. Ms. Enea received a B.S. in Business Management from Quinnipiac University graduating Magna Cum Laude and a J.D. from the Pace University School of Law graduating Summa Cum Laude. She is admitted to practice law in New York and Florida. She can be contacted at 914-948-1500 or www.esslawfirm.com and she has offices in both White Plains and Somers, New York.
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18 Apr 2026
0 Commentsaging solo, planning strong
For many individuals, estate planning naturally revolves around a spouse or children. These are often the individuals who will step in during a crisis, make decisions and ultimately, inherit assets. But increasingly in my practice, I am meeting with a population that does not have that built in support system. Whether by choice or circumstance, aging without a spouse or children presents unique estate planning challenges that require thoughtful and proactive solutions.
Who Will Make Decisions for You?
One of the most immediate concerns for solo-agers is decision-making in the event of incapacity. Without a default decision-maker, there is sometimes no logical answer as to who to appoint as your agent under a health care proxy or power of attorney in the event of incapacity.
Without proper planning, this often results in court intervention through a guardianship proceeding, an outcome that can be both costly and emotionally taxing. Furthermore, if there is no willing relative to step in, the guardian will often be a third party court appointed guardian, often times an attorney of a court list of willing attorneys to act.
Having a stranger make medical and financial decisions for one is not ideal. While considering who to appoint as an agent under a health care proxy or power of attorney can become a daunting task, in my opinion, it is a necessary one. Trusted friends, extended family members, or even professional fiduciaries may serve in these roles, but the choice should be made deliberately, with clear communication and, ideally, backups in place. Often times, individuals I meet with do not want to burden their friends or extended family members and I have seen an uptick in the amount of individuals seeking to appoint professionals in lieu. While this is an excellent option, it too requires vetting, annual meetings with the professional (before any incapacity even occurs) and can increase the costs to the individual as the person is being hired to act in these capacities. We are also seeing a growing number of professional fiduciaries offering these services. Generally these individuals have daily money manager practices where they act as “financial caregivers” and will help with everything from bill payment and organization through estate administration after passing. Some are also willing to act as the health care proxy as well.
The Risk of Isolation in a Crisis
In many cases, solo-agers face not only legal gaps but practical ones. Who will notice if something is wrong? Who will advocate during a hospital stay or ensure that care preferences are followed?
This is where planning goes beyond documents. Building a network, whether through friends, advisors, or care managers, can be just as important as executing legal instruments.
Managing Finances and Avoiding Court Intervention
Without a trusted individual in place, financial institutions may hesitate to act, even in emergencies. A properly drafted power of attorney, potentially paired with a revocable living trust, can ensure continuity in financial management without court involvement and ensure that the individual stays in control of decision making for as long as possible.
Communication with all individuals is key. A financial advisor often acts as more than just an advisor with this population, and may even be the individual connecting the dots and assisting in coordinating a plan.
Where Will Your Assets Go?
Unlike traditional estate plans that prioritize spouses and children, solo-agers typically have more flexibility…but also more decisions to make.
Friends, extended relatives, and charitable organizations frequently become the focus of testamentary planning. However, without careful drafting, even well-intentioned plans can create confusion or disputes.
For example, if the solo-ager has assets in his or her name alone with no beneficiaries listed, even if their Last Will and Testament clearly outlines their wishes, their next of kin are still necessary parties to a Probate proceeding in the Surrogate’s Court and must be located and given an opportunity to indicate why the Will should not be admitted to probate. Sometimes this requires genealogists to be hired to locate relatives, more lengthy affidavits prepared demonstrating efforts to locate next of kin, or in the worst case scenarios, opens a door for an angry estranged next of kin to wreak havoc in an attempt to undermine a plan.
Avoiding probate for the solo-ager is critical. As such, clear beneficiary designations with alternate beneficiaries listed, along with the use of a Revocable Living Trusts to avoid probate is critical.
A Different Kind of Planning—But No Less Important
Estate planning for solo-agers is not about replacing family. It is about intentionally creating a structure of support where one does not naturally exist.
With the right legal documents, trusted decision-makers, and a proactive approach, solo-agers can maintain control, protect their assets, and ensure their wishes are honored.
In many ways, this type of planning requires even greater care and attention. Meeting with an Elder Law and Estate Planning attorney that focuses on these complexities is an excellent first step and offers an opportunity for the solo ager to define, on their own terms, who will stand in their corner when it matters most.