Comprehensive Guide to Elder Law Services in La Vergne
Elder law covers the legal issues that arise as people age, and residents of La Vergne and Rutherford County often seek clear, practical guidance for planning and protection. This page introduces how estate planning, long-term care planning, powers of attorney, guardianship, and probate relate to older adults and their families. You will find plain-language explanations of common steps, what to expect when working with a local attorney, and how the Jay Johnson Law Firm in Tennessee helps families prepare for health care decisions, property transfer, and financial management in later life.
Planning ahead reduces stress and conflict for families when medical or financial decisions are needed. This guide highlights essential documents such as wills, trusts, advance directives, and durable powers of attorney, and explains how these tools work together to protect a client’s wishes and assets. We focus on practical options for La Vergne residents, including Medicaid planning, long-term care coordination, and streamlined probate strategies. The goal is to equip families with the information to make informed choices and to know when to seek legal help for smooth transitions and protection of rights.
Why Elder Law Matters for La Vergne Families
Elder law provides protections that are particularly relevant as health and financial circumstances change over time. For La Vergne residents, careful planning can preserve assets, ensure medical wishes are followed, and reduce the burden on loved ones during difficult times. Beyond paperwork, thoughtful planning helps coordinate retirement benefits, insurance, and public benefits such as Medicaid to address long-term care costs. The real benefit is less uncertainty for family members and a clearer path to honoring an individual’s preferences for health care, living arrangements, and the distribution of property.
About Jay Johnson Law Firm and Our Practice in Tennessee
Jay Johnson Law Firm serves Tennessee communities from Hendersonville and assists clients across Rutherford County, including La Vergne. The firm focuses on estate planning and probate matters, guiding families through wills, trusts, powers of attorney, and probate administration. Our approach emphasizes clear communication, thorough preparation, and practical solutions that reflect local laws and resources. Clients receive step-by-step guidance tailored to their circumstances, whether they are creating initial plans, updating existing documents, or managing an estate after a loved one’s passing.
Elder law includes a range of services that help older adults and families address future health care choices, property management, and the orderly transfer of assets. Key legal documents include wills to name beneficiaries, durable powers of attorney to appoint someone to manage finances, and advance health care directives to state medical preferences. Some clients choose trusts to avoid probate and manage assets during incapacity. Understanding the purpose and limits of each document makes it easier to assemble a plan that aligns with personal goals and family dynamics.
In addition to documents, elder law often involves coordination with financial advisors, medical providers, and social services to plan for long-term care and potential Medicaid eligibility. Legal planning can include strategies to protect retirement accounts, minimize probate costs, and establish guardianship or conservatorship arrangements if necessary. The process typically begins with an assessment of assets, family relationships, and goals, followed by drafting documents and outlining a plan for future changes such as health decline or changes in financial status.
Key Definitions and What Elder Law Covers
Elder law addresses legal topics that commonly affect older adults, including estate planning, long-term care planning, guardianship, and benefits like Medicaid. Estate planning focuses on how assets will be distributed and who will make decisions if an individual cannot. Long-term care planning deals with paying for assisted living, in-home care, or nursing facility stays. Guardianship and conservatorship provide court-ordered decision-making authority when someone lacks capacity. These areas overlap, and a cohesive plan coordinates documents and actions so that personal wishes are respected and legal obligations are met.
Core Elements and Typical Processes in an Elder Law Plan
An effective elder law plan usually includes a will, one or more powers of attorney, an advance directive for health care, and possibly a trust. The process begins with a comprehensive review of assets, family situation, and medical preferences. Documents are drafted to reflect decisions about property distribution, guardianship appointments, and health care proxies. When incapacity or death occurs, a probate or trust administration process may be needed to transfer assets. Coordination with financial institutions and health providers ensures that documents are accepted and that the plan functions as intended when relied upon.
Glossary of Common Elder Law Terms
This glossary explains frequently used terms so clients in La Vergne can better understand legal discussions. Clear definitions help reduce confusion about legal steps and allow families to make choices with confidence. Terms include will, trust, power of attorney, advance directive, guardianship, probate, and Medicaid planning. Each term describes a specific role or process, and knowing the differences helps determine which tools fit a given situation. Use this glossary as a quick reference when reviewing planning options or discussing cases with an attorney.
Will
A will is a legal document that states how a person wants their property distributed after death and can name a personal representative to administer the estate. It may also include guardianship nominations for minor children and instructions for debts and funeral arrangements. A will typically goes through probate, a court-supervised process that validates the document, pays creditors, and distributes remaining assets. Wills are a foundational planning tool and should be drafted to reflect current relationships and assets, with updates made after major life changes.
Advance Health Care Directive
An advance health care directive records a person’s wishes regarding medical treatment and designates an individual to make health care decisions if the person cannot do so. It can include preferences about life-sustaining treatment, palliative care, and organ donation. This document helps ensure that medical teams and family members follow the person’s values and instructions. For families in La Vergne, having an advance directive in place reduces uncertainty and supports timely decisions that align with the patient’s desires during serious illness or incapacity.
Durable Power of Attorney
A durable power of attorney appoints someone to manage financial and legal matters if a person becomes unable to do so themselves. The appointed agent can handle tasks like paying bills, managing bank accounts, and filing taxes, depending on the authority granted. The term durable means the authority continues if the principal loses capacity. Selecting a trustworthy agent and detailing their powers helps prevent disputes and ensures routine affairs continue smoothly without court intervention when a person cannot act on their own behalf.
Trust
A trust is a legal arrangement where one person or entity holds property for the benefit of another, allowing for more control over asset distribution and administration during life and after death. Trusts can be used to avoid probate, provide for long-term care planning, and protect assets for beneficiaries. Different trust types serve different goals, such as living trusts for ease of asset transfer or irrevocable trusts for benefit eligibility planning. Properly structured trusts can simplify administration and deliver more predictable outcomes for families.
Comparing Limited and Comprehensive Elder Law Approaches
When planning for aging, families typically choose between a limited approach that addresses immediate needs and a comprehensive plan that anticipates future changes. A limited approach might focus on a will and basic power of attorney to handle near-term concerns. A comprehensive plan includes additional protections like trusts, Medicaid planning, and detailed health care directives to address potential long-term care issues. The right choice depends on assets, family dynamics, health status, and goals for privacy and asset distribution. A careful comparison helps families decide the level of planning that fits their circumstances.
When a Basic Limited Plan May Be Appropriate:
Smaller Estates and Simple Situations
A limited plan can be suitable for individuals with modest assets, straightforward family relationships, and minimal need to manage complex benefit eligibility. In these cases, a will paired with a durable power of attorney and an advance directive often provides sufficient protection for decision making and asset transfer. The reduced scope lowers immediate cost and administrative work while ensuring key decisions are documented. It can be appropriate for clients whose priorities are clarity and ease rather than complex tax or long-term care protections.
Immediate Documents for Near-Term Needs
Sometimes a limited approach addresses pressing concerns such as naming someone to handle finances and health care while postponing more detailed planning until later. This path can be practical when circumstances are stable and there is time to observe how health and finances evolve. A limited plan is often a first step that can be expanded. It provides necessary legal authority to manage routine matters and avoids delays in decision making when urgent situations arise.
Why a Comprehensive Plan Often Offers Stronger Protection:
Complex Assets or Long-Term Care Concerns
A comprehensive plan becomes important when clients have significant assets, multiple properties, retirement accounts, or concerns about long-term care costs. Detailed planning can include trusts, advanced Medicaid planning, and beneficiary designations that work together to protect assets and secure benefit eligibility. Addressing these issues proactively can reduce the likelihood of court involvement and help ensure that resources are available to meet health care needs while preserving value for intended beneficiaries.
Family Complexity and Contingency Planning
Complex family structures, blended families, or potential disputes over inheritance make comprehensive planning more valuable. Thorough documents and carefully drafted trusts can provide clear instructions that reduce ambiguity and conflict among heirs. Comprehensive planning also anticipates contingencies such as incapacity, special needs for beneficiaries, and potential creditor claims. By documenting intentions and creating structured mechanisms for asset management, families can reduce misunderstandings and provide a more predictable outcome for future generations.
Benefits of Taking a Comprehensive Approach to Elder Law
A comprehensive elder law plan offers benefits that extend beyond simple paperwork, including smoother transitions during incapacity, clearer directions for health care, and more efficient transfer of property. Comprehensive planning often reduces court involvement and can improve access to public benefits when long-term care is needed. It also helps protect family relationships by reducing friction over decisions and expectations. For many families in La Vergne, the reassurance that wishes are documented and coordinated across legal and financial areas provides valuable peace of mind.
Comprehensive plans are tailored to individual goals, allowing for greater flexibility in how assets are handled and for whom. They can provide safeguards against unforeseen medical expenses and create mechanisms for continued support of vulnerable beneficiaries. With proper coordination, family members have clearer authority to act and fewer obstacles to accessing funds for care. This planning can save time and expense during administration and help ensure that resources are used as intended to support quality of life and the legacy a client wishes to leave.
Greater Control Over Asset Distribution
Comprehensive planning increases control over how assets are distributed, allowing clients to set conditions, timelines, or management structures through trusts and other tools. This control helps protect assets from unintended creditors and ensures that beneficiaries receive support in a manner consistent with the client’s wishes. It also enables tailored arrangements for beneficiaries with special needs or for those who may not be ready to manage a large inheritance. Clear instructions reduce family disputes and provide a smoother process for carrying out the client’s intentions.
Preparedness for Medical and Financial Changes
A comprehensive plan addresses both medical decision-making and financial management in the event of incapacity, giving families a clear roadmap for handling emergencies and long-term needs. This includes naming decision-makers, detailing care preferences, and arranging finances to cover medical expenses. Being prepared reduces the time spent resolving disputes and allows family members to focus on care rather than administrative tasks. The result is a more coordinated response to changes in health or finances, preserving dignity and continuity of care.
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Practical Tips for Planning and Protection
Start with a clear inventory of assets and documents
Gathering a complete inventory of assets, account information, insurance policies, and existing legal documents is an important first step. This inventory should include bank statements, retirement account details, property deeds, and titles, along with any existing wills or trusts. Having this information organized makes meetings with an attorney more productive and helps identify gaps in coverage. It also makes it easier for the person chosen to act on behalf of the client to access needed information quickly during an emergency or when acting under powers granted in planning documents.
Discuss wishes and responsibilities with your family
Review and update plans regularly
Life changes such as marriage, divorce, births, deaths, or significant shifts in assets should prompt a review of estate plans and related documents. Regular updates ensure that beneficiary designations, powers of attorney, and health care directives remain aligned with current wishes and legal requirements. Keeping documents current avoids unintended results and makes administration smoother when they are needed. Scheduling periodic reviews and updating documents proactively saves time, reduces complications, and helps families feel confident that plans reflect present circumstances.
Reasons La Vergne Residents Should Consider Elder Law Planning
Planning ahead addresses predictable legal and financial issues that can arise with aging, from medical decision-making to the transfer of property. For residents of La Vergne, proactive planning helps secure access to necessary benefits, organizes finances for long-term care, and preserves wealth for intended beneficiaries. It allows individuals to name trusted decision-makers and express medical preferences in writing. Taking these steps reduces the burden on family members during emotionally charged times and provides a documented plan that professionals and institutions can follow.
Another reason to consider elder law services is the complexity of public benefits systems and the potential for costly mistakes without proper guidance. Planning can address the interaction between retirement assets, insurance, and benefits eligibility in a way that preserves as much value as possible for the person who needs care. Families also benefit from having clear authority in place for financial and health care decisions, which reduces delays and avoids judicial intervention that can be time-consuming and expensive.
Common Situations That Lead Families to Seek Elder Law Help
Families often seek elder law assistance when facing transitions such as serious illness, hospital discharge planning, the need for long-term care, or the death of a loved one. Planning is also common when significant life events occur, such as remarriage, the birth of grandchildren, or a change in financial circumstances. When a family member shows signs of cognitive decline, legal documents to authorize decision-makers become essential. Addressing these circumstances early can avoid emergency filings and provide a clearer path forward for families and professionals involved in care.
Preparing for Long-Term Care Needs
When a person faces the possibility of long-term care, either at home or in a facility, planning helps manage potential costs and logistics. Legal documents can designate who will make health and financial decisions, and planning strategies can help qualify for public benefits when appropriate. Organizing finances and documenting wishes ensures that care decisions align with personal preferences while providing for necessary funding. Early planning allows families to evaluate options and make informed choices about long-term living arrangements and resources.
Handling Incapacity or Cognitive Decline
Incidents of incapacity or cognitive decline create immediate legal and practical needs, such as managing bills, applying for benefits, and making medical decisions. Having powers of attorney and advance directives already in place allows designated individuals to act quickly and in accordance with the person’s preferences. Without these documents, families may need to seek court appointments, which adds time and cost. Proactive planning reduces the need for emergency legal proceedings and gives families a structured approach to managing day-to-day and long-term affairs when capacity is diminished.
Administering an Estate After Death
After a loved one dies, families must handle administrative tasks such as notifying institutions, settling debts, and distributing assets. If a will or trust exists, the process is guided by the document’s instructions, but probate or trust administration often still requires legal steps. Proper planning can streamline administration, minimize delays, and reduce the risk of disputes among beneficiaries. Clear documents and a well-organized record of assets and liabilities make estate settlement more efficient and less stressful for surviving family members.
Local Elder Law Attorney Serving La Vergne and Rutherford County
Jay Johnson Law Firm provides elder law and estate planning services for La Vergne and nearby communities in Tennessee. The firm helps clients prepare wills, trusts, advance directives, and powers of attorney, and it guides families through probate and benefit planning when necessary. Our focus is on providing clear, practical advice that reflects Tennessee law and local court procedures. Whether you are starting your first estate plan or updating existing documents, we help you identify priorities and create a plan that addresses foreseeable concerns while remaining flexible for changing circumstances.
Why Choose Jay Johnson Law Firm for Elder Law in La Vergne
Clients choose Jay Johnson Law Firm for its local focus, practical approach, and commitment to clear communication. The firm provides personalized planning that is tailored to each client’s financial situation, family relationships, and health care preferences. By focusing on estate planning and probate matters in Tennessee, the team understands how to coordinate documents with local institutions and courts. This local knowledge helps make documents more effective and reduces the risk of delays when documents need to be used.
Our process emphasizes listening and ensuring clients understand options and consequences before making decisions. We take care to explain how different documents function, how benefits eligibility can be affected, and what steps are needed to implement a plan. Clients receive written instructions and organized records so family members and agents can act with confidence when necessary. The goal is to provide durable, practical solutions rather than one-size-fits-all forms that may not align with a client’s goals.
Whether clients live in La Vergne, Hendersonville, or elsewhere in Tennessee, we assist families through initial planning, updates, and estate administration. Our team helps clients anticipate potential issues and provides realistic strategies that balance protection and accessibility. We encourage early planning and periodic reviews so documents remain effective through changes in health, family structure, or financial circumstances. When urgent matters arise, the firm provides steady guidance to help families move forward with clarity and control.
Talk to a La Vergne Elder Law Attorney Today
How the Legal Process Works with Our Firm
Our legal process begins with a detailed intake and document review to understand goals, assets, and family relationships. We then propose a plan that may include wills, powers of attorney, advance directives, and trusts, explaining how each element serves the client’s objectives. After documents are drafted and approved, we assist with execution and provide guidance on how to store and share documents so agents and family members can find them when needed. We also offer support for probate or administration if a family requires help after a death.
Step 1: Initial Consultation and Document Review
The first stage is a thorough meeting to review existing paperwork, discuss assets, and outline the client’s goals for health care directives and asset distribution. We gather necessary financial information and discuss family dynamics and potential concerns. This stage identifies immediate needs and longer-term planning opportunities. By establishing priorities and potential problem areas early, the process becomes more efficient and better aligned with the client’s wishes and practical realities in Tennessee.
Gathering Financial and Personal Information
Collecting accurate information about bank accounts, retirement plans, properties, insurance policies, and creditor obligations is essential to effective planning. We assist clients in organizing records and verifying beneficiary designations to ensure documents will function as intended. This preparation also helps identify where a trust or beneficiary updates might reduce the need for probate. Accurate, organized records reduce the time needed to draft documents and make implementation smoother for appointed decision-makers when actions are required.
Discussing Goals and Preferences
We explore the client’s wishes for medical care, legacy planning, and the distribution of assets, identifying priorities and potential areas of concern. These conversations inform which documents are appropriate and how they should be drafted. Clarifying preferences about life-sustaining treatment, long-term care, and beneficiary support helps ensure that documents reflect real intentions. This stage sets the framework for a plan that balances legal effectiveness with personal values and family considerations.
Step 2: Drafting and Review of Documents
Once goals and asset details are established, we draft the necessary documents, explain their implications, and make any requested revisions. Drafting is done with attention to Tennessee law and local procedures to reduce later obstacles in enforcement or administration. We review the documents with clients, making sure language is clear and that appointed agents and beneficiaries understand their roles. This stage often includes suggestions for coordinating beneficiary designations and trust arrangements with the client’s broader financial plan.
Preparing Wills, Powers of Attorney, and Directives
We prepare tailored wills, durable powers of attorney, and advance health care directives that reflect the client’s choices and provide clear authority for decision-makers. Each document is designed to work together to minimize ambiguity and avoid conflicts. Clients receive straightforward explanations of how each document functions and practical guidance on execution and safekeeping. Properly prepared documents reduce the chance of misunderstandings and make it easier for family members to carry out the client’s wishes without unnecessary delay.
Drafting Trusts and Benefit Planning Documents
When a trust or other benefit-related arrangement is appropriate, we draft documents that align with long-term care planning and beneficiary goals. Trust documents can specify management of assets during incapacity and provide for distribution terms after death. Benefit-related planning considers the interaction between assets and public benefits to help preserve resources for care. Clients receive advice on the pros and cons of different arrangements so they can select the solution that best fits their priorities and family circumstances.
Step 3: Execution, Storage, and Ongoing Review
After documents are finalized, we assist with proper execution and advise on secure storage and communication with agents and beneficiaries. We recommend steps to ensure institutions accept documents and suggest a schedule for periodic review so plans remain current with life changes and legal updates. Our firm remains available to update documents, help with funding trusts, and provide guidance for implementing plans as needs evolve. Ongoing attention maintains the utility and effectiveness of the plan over time.
Executing Documents and Informing Agents
Proper execution in accordance with Tennessee requirements is essential for documents to be effective when needed. We oversee signings and provide clients and appointed agents with clear instructions on when and how to use documents. Notifying agents, trustees, and close family members about where documents are kept and their roles reduces confusion during critical moments. Documentation of execution and distribution of copies to trusted parties helps ensure timely access and implementation when circumstances require action.
Periodic Review and Plan Maintenance
Plans should be revisited after major life events or every few years to ensure they still reflect current wishes and legal standards. We encourage periodic reviews so beneficiary designations, powers of attorney, and trust terms remain aligned with the client’s objectives. Updating documents avoids unintended outcomes and incorporates changes in assets or family relationships. Routine maintenance keeps documents functional and reduces the need for emergency legal adjustments if circumstances change unexpectedly.
Frequently Asked Questions About Elder Law in La Vergne
What documents should I have in place for elder law planning?
Essential documents for elder law planning typically include a last will and testament, a durable power of attorney for finances, an advance health care directive, and any trust documents that suit the client’s goals. A will directs asset distribution at death and can nominate a personal representative. A durable power of attorney appoints someone to manage financial affairs if incapacity occurs, and an advance directive records medical preferences and designates a health care decision-maker.Depending on asset complexity, a trust may be useful to avoid probate and provide ongoing management for beneficiaries. It is important to review beneficiary designations on retirement accounts and insurance, as those designations can override terms in a will. Together, these documents form a coordinated plan that reduces uncertainty and streamlines decision-making for families.
How does a durable power of attorney work in Tennessee?
A durable power of attorney in Tennessee grants a designated agent authority to manage financial and legal matters on behalf of the principal when they are unable to act. The document can be drafted to take effect immediately or upon a specified event such as incapacity, and it can grant wide or limited powers depending on the principal’s wishes. Selecting a trustworthy agent and clearly outlining their authority reduces the risk of misuse and helps ensure smooth management of affairs.Because the agent can act on banking, property, and tax matters, it is important to keep the document in a safe place and provide copies to institutions and the appointed agent. Periodically reviewing the document and updating it after major life changes ensures it remains effective and aligned with current intentions.
When should I consider setting up a trust?
A trust may be appropriate when the goals include avoiding probate, managing assets during incapacity, protecting funds for beneficiaries, or addressing specific distribution terms. Living trusts can provide continuity of asset management without court supervision and can be particularly helpful for individuals with multiple properties or complex family situations. Trusts can also be tailored to support beneficiaries who need ongoing financial oversight or to preserve eligibility for certain benefits.The decision to set up a trust depends on asset size, family dynamics, and long-term objectives. Consulting with legal counsel to weigh the administrative needs, costs, and potential benefits helps determine if a trust is the best tool for a particular situation and ensures the trust is properly funded and maintained.
How can I plan for long-term care costs in La Vergne?
Planning for long-term care costs often involves reviewing personal savings, insurance options, and public benefits such as Medicaid to identify ways to meet care needs while preserving assets. Strategies may include purchasing long-term care insurance if appropriate, organizing assets to maximize eligibility for benefits when needed, and considering trusts that can protect resources while complying with benefit rules. Early planning gives families more options and time to implement measures thoughtfully.Coordinating with financial advisors and attorneys ensures that planning for care aligns with legal requirements and personal goals. Each family’s circumstances are different, so individualized planning considers income streams, property, and the likely timing and level of care that may be required in the future.
What happens if someone becomes incapacitated without documents?
If someone becomes incapacitated without legal documents like a durable power of attorney or an advance directive, family members may need to seek a court appointment to serve as guardian or conservator. This process can be time-consuming, public, and costly, and it may limit the choices that family members would otherwise make. A lack of documents also creates uncertainty about medical preferences, which can complicate decisions during emergencies.Having documents in place avoids this route by designating trusted individuals to make decisions and act on behalf of the person. Advance planning reduces delays and allows loved ones to focus on care rather than legal procedures, which provides better continuity for medical and financial management.
Do I need to update my estate plan after major life events?
Yes, updating an estate plan after major life events such as marriage, divorce, births, deaths, or significant changes in assets is important to ensure documents reflect current wishes. Beneficiary designations, powers of attorney, and health care directives might need revisions to align with new family dynamics or changed priorities. Failing to update documents can result in outcomes that do not match the client’s intentions.Routine reviews every few years also help incorporate changes in the law or in personal circumstances. Proactive maintenance keeps a plan functional and reduces the need for emergency legal measures when circumstances change suddenly.
How does probate work in Rutherford County, Tennessee?
Probate in Rutherford County, Tennessee is the legal process for proving a will and supervising the administration of an estate when assets are held in the decedent’s name. The process includes filing the will, notifying creditors and beneficiaries, paying debts and taxes, and distributing remaining assets according to the will or state law if no will exists. Smaller estates may qualify for simplified or expedited procedures that reduce time and expense.A well-structured estate plan can reduce the scope of probate or eliminate it for certain assets held in trust or with proper beneficiary designations. Working with counsel helps families understand filing requirements, deadlines, and local court procedures to administer an estate efficiently and in compliance with Tennessee law.
Can advance directives control end-of-life medical decisions?
Advance directives allow individuals to state their preferences for medical treatment and to designate someone to make health care decisions if they cannot express their wishes. These documents cover choices about life-sustaining treatment, pain management, and other aspects of end-of-life care. Having an advance directive reduces ambiguity for medical providers and family members and helps ensure that care aligns with the person’s values and goals.It is helpful to discuss advance directive choices with family and the appointed decision-maker and to provide copies to medical providers. Periodically reviewing and updating the directive ensures it matches current medical options and personal preferences as circumstances evolve.
How do beneficiary designations affect my estate plan?
Beneficiary designations on retirement accounts, life insurance, and payable-on-death accounts often take priority over directions in a will. That means these designations can directly determine who receives certain assets without going through probate. Keeping beneficiary information up to date is essential to ensure those assets pass to the intended individuals and to avoid unintended distributions.When planning an estate, coordinating beneficiary designations with wills and trust terms prevents conflicts and unintended results. Reviewing these designations after life events or changes in relationships helps ensure that the overall plan reflects current wishes and legal intentions.
What steps should family members take when a loved one passes away?
When a loved one passes away, family members should locate important documents such as the will, trust, and insurance policies; notify financial institutions; and contact the appropriate local probate court if necessary. It is also important to obtain certified copies of the death certificate and to determine whether the estate will require probate or can be administered through a trust or beneficiary designations. Keeping organized records and contacting counsel early can help family members understand immediate steps and deadlines.Legal counsel can assist with filing documents, notifying creditors, and guiding the distribution of assets according to the decedent’s plan or state law. Seeking guidance sooner rather than later helps avoid missed deadlines and ensures administrations proceed in an orderly manner that respects the deceased person’s wishes.