As the year winds down, we’re sending heartfelt wishes for a joyful and restful holiday season. May your home be filled with moments of comfort, connection, and memories.
Our office will be closed from December 24, 2025 through January 1, 2026 so our team can recharge with loved ones. We’ll reopen and be ready to welcome you back on January 2, 2026.
Thank you for being part of our community. Your support continues to make a meaningful difference, and we look forward to sharing more inspired moments together in the new year.
Sincerely,
Christine C. Weiner, Esq., B.A., M.A., J.D., TEP, CEPA
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Holiday Travel and Planning:
What If Something Happens While You're Away?
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The holiday season has a way of sneaking up on us. One minute you’re finishing the leftover Halloween candy, and the next you’re booking flights, mapping out road trips, thawing turkeys and debating over real or fake trees.
But as joyful (and chaotic) as December travel can be, it’s also one of the highest-risk times of year for unexpected emergencies. Snowstorms, icy roads, crowded airports, and packed schedules mean more opportunities for things to go sideways. And while we can’t bubble-wrap life (or our families), we can put safeguards in place.
This is where incapacity planning quietly does its best work.
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If something happens while you’re several states away, the last thing you want is for your family to be unable to help because key legal documents aren’t in place.
A few core tools make all the difference:
Financial Power of Attorney.
If you were stuck in the hospital in Denver or delayed overseas with no way to communicate, someone needs authority to: pay your bills, handle banking, deal with insurance matters, and manage other year-end financial responsibilities. Without this, your loved ones have to ask a judge for permission, through a guardianship or conservatorship, and holiday court schedules are notoriously slow.
Healthcare Power of Attorney and HIPAA Authorization.
If you’re unconscious or unable to speak, doctors can’t legally speak to your family or take direction from them without proper authorizations. Medical providers don’t make exceptions because it’s Christmas week.
Guardianship Nominations (If You Have Young Children).
Every parent worries, quietly, about what would happen if they couldn’t make it home. Clear nomination documents ensure your children are cared for by the people you trust, not chosen at random by whoever happens to be on duty at the courthouse.
Access to Your Documents.
Even the best documents won’t help if no one can find them. This time of year especially, it’s critical to store documents digitally in a secure, accessible location; make sure your agents know how to reach them; and carry an emergency card with key contacts listed. It’s one of the simplest, most overlooked steps… and one of the most important.
The Travel Factor: Real Risk, Not Alarmism
A few numbers put this into perspective:
- November–January is consistently one of the highest months for accident-related ER visits due to winter weather, increased driving, and travel fatigue.
- More than 50% of Americans travel during the holidays, many long distances.
- Airports report their highest congestion of the year, meaning more delays, more stress, and more opportunities for health complications, especially for older travelers.
None of this is meant to scare. It’s simply a reminder that December creates conditions where planning gaps become more visible.
So this year, before the suitcase is zipped, consider these questions:
- Do I have updated financial and medical powers of attorney?
- Does someone know where these documents are (and how to access them fast)?
- Have I reviewed guardian nominations for minor children?
- If something happened while traveling, would my family be legally empowered to help?
If the answer to any of these is “no” or “I think so, maybe,” it’s worth addressing before you pack the car with gifts and hot chocolate. Estate planning during the holidays may not sound festive, but it’s one of the most meaningful gifts you can give your family, to provide clarity, protection, and fewer what-ifs.
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After all, the holidays are about the people we love. Planning just makes it easier to take care of them… whatever the weather may bring.
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Your Aging Parents’ House:
Asset, Burden, or Both?
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For many families, the “family home” isn’t just a structure. It’s memory-soaked real estate: pencil marks on the doorframe, backyard wiffle ball games, the spot on the stairs where someone always squeaked because no one ever fixed it.
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But when aging parents begin to decline, that same home becomes something else entirely: an asset, a responsibility, and sometimes a source of conflict. With Baby Boomers aging rapidly (the “silver tsunami” is no longer a prediction but a reality), families everywhere are navigating what to do with aging parents’ homes. And the decisions aren’t always simple.
Sometimes the property is an asset, but not always. When you look at the house strictly as property, several issues come into play:
First, there’s upkeep and safety to consider. Even a well maintained home comes with roof repairs, plumbing issues, property taxes, winterizing needs, security issues, accessibility challenges (including stairs and icy walkways). For an older adult on a fixed income, or an adult child trying to help, these can quickly become expensive.
Plus, there is market value versus real value. Parents often believe their home is worth more than it is. Children often discover it's worth less than they expect. And even if the house is valuable, selling it may trigger tax issues, benefits eligibility issues, or family disputes over who gets what.
Speaking of benefits eligibility, one of the biggest misconceptions in estate planning and elder law is that the home “doesn’t count” for Medicaid. It’s partially true… but dangerously misleading.
What families don’t realize is that a house may be exempt during your parents’ lifetime, but subject to recovery after death, which can force a sale. Further, transferring a home to children causes a Medicaid penalty period, unless done strategically. If one sibling lives in the home and others don’t, tensions can erupt quickly. Placing the home into a Medicaid asset protection trust can help, but only if done correctly. The home is sometimes the biggest financial piece of the planning puzzle… and one of the least understood.
And the emotional toll is just as hard as the financial burden. Ask any family who has gone through it: Sorting out “what to do with Mom and Dad’s home” isn’t just a legal decision. It’s an emotional one. Siblings may disagree and parents may resist leaving. Everyone may carry their own version of a memory that feels worth defending.
Here are some other options and considerations for handling the family home:
- Aging in Place with Modifications. Ramp installation, grab bars, stair lifts, walk-in showers, and home-health aides can extend the time a parent can safely remain at home.
- Downsizing or Moving to a Safer Environment. Sometimes a smaller home, condo, or senior living community is the best blend of independence and support.
- Transferring the Home Into a Trust. A Medicaid Asset Protection Trust can preserve the home while protecting eligibility.
- Selling the Home. Sometimes the most practical option, especially if the home is deteriorating or funds are needed for care.
- Co-ownership Agreements Among Siblings. If multiple children want to keep the home, a clear written agreement prevents disputes later.
For aging parents, the home often symbolizes independence. For adult children, it can symbolize responsibility, or even guilt. For Medicaid planning, it’s a major asset that must be handled carefully. So, is the home an asset or a burden? It’s both.
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The best time to talk about these issues is before a crisis hits. Before a fall, before a hospital stay, and before the home becomes a source of disagreement. A thoughtful plan - one that considers finances, Medicaid, family dynamics, and the emotional undercurrent - is the best way to honor both the memories and the practical realities of the home.
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