Estate Planning and Incapacity: Who Has Legal Authority?

Most people think estate planning is something they can put off—but the real risk isn’t what happens after death, it’s what happens if you’re unable to make decisions tomorrow. In this episode of An Ounce of Prevention, Miguel Otero, Junior Associate at R. Reese & Associates, explains why estate planning is ultimately about control: who can act on your behalf, how decisions are made, and whether your wishes are followed when it matters most.Miguel breaks down the core components of an effective estate plan, including trusts, powers of attorney, and medical directives, and explains how these tools work together to avoid court involvement, reduce delays, and protect your family from unnecessary stress. He also challenges the idea that estate planning is only for high-net-worth individuals, emphasizing that anyone with assets, responsibilities, or dependents benefits from having a plan in place.The episode also includes a case law update on Heppner v. United States, where the court held that communications with a publicly available AI platform are not protected by attorney- client privilege. Because AI tools are not attorneys and do not provide confidential relationships, relying on them for legal strategy can create significant risk. The takeaway is clear: legal protection comes from working with counsel, not from interacting with a machine.If you want to reduce uncertainty, protect your family, and ensure your decisions are carried out as intended, this episode provides a clear framework for why estate planning should be addressed sooner rather than later.Time Stamps / Chapters00:00 — Why estate planning isn’t about death00:17 — Intro00:43 — Host introduction and case law update setup00:54 — Heppner v. United States: case overview and AI privilege dispute02:29 — Why privilege and work product protections did not apply05:14 — Introduction to estate planning fundamentals05:36 — Core estate planning documents explained06:01 — The role of trusts in estate planning06:21 — Types of trusts: revocable, testamentary, irrevocable, special needs07:03 — The real risk: incapacity, not just death07:38 — RR&A: Expanding Beyond Oil & Gas09:11 — What happens when there is no estate plan09:47 — Probate, delays, and public exposure of assets10:13 — Emotional and financial impact on families10:42 — Final takeaway: intentional decisions vs default outcomes11:04 — Closing remarks