What Bruce Willis’ Diagnosis Teaches Us

When news broke that Bruce Willis — the iconic tough guy we all know and love — was diagnosed with Frontotemporal Dementia (FTD), it shocked the world. This form of dementia attacks the brain’s frontal or temporal lobes and usually affects people between 45 and 64 years old. Bruce’s diagnosis puts a spotlight on something we don’t often talk about as an estate planning lawyer can share: planning for incapacity.

Most of us think about estate planning in terms of what happens after we die. But what about what happens if we can’t make decisions for ourselves, if we lose the ability to manage our affairs? That’s incapacity planning, and while it may seem uncertain or distant, it’s incredibly important.

Incapacity Doesn’t Discriminate And It Can Happen To Anyone, Anytime

Incapacity is unpredictable. It doesn’t care about your age, health, or how well you’ve planned. When it hits suddenly like after an accident or illness, it can throw families into chaos. Without a proper plan, loved ones may have to go through a complicated and stressful court process called guardianship to take over decision-making. Guardianship is sometimes called “living probate” because it’s like probate but for someone who’s still alive.

Here’s a real-world example from our friends at Bott & Associates, Ltd.:

John was excited to move closer to his elderly parents. He put his house on the market, and just days later, he was in a car accident that left him unable to manage his own affairs. A neighbor knew John’s plans and arranged for his sister to make an offer on the house above asking price! But because John had no incapacity plan, no one had legal authority to accept the offer. His family had to ask the court to appoint a guardian, but they couldn’t agree who should fill that role. The fight spilled into court, exposing personal family details, and delaying the sale. By the time a guardian was appointed, the buyer had pulled out and home prices had dropped significantly. What could have been a smooth sale turned into a painful ordeal.

How Could John Have Avoided This?

John needed a few key legal tools:

Property Power Of Attorney (POA)

This document lets you appoint someone you trust to manage your property and financial affairs if you become unable to do so. You can choose whether this power kicks in immediately or only if you become incapacitated. Without a durable POA, no one can act for you during incapacity.

Healthcare Power Of Attorney + HIPAA Authorization

This lets someone make medical decisions for you if you can’t, and the HIPAA Authorization gives that person access to your medical information, something doctors can’t share otherwise due to privacy laws.

Revocable Trust

This is a powerful way to protect your assets and privacy. Unlike a POA, a Revocable Trust allows a successor trustee to step in and manage your property right away, avoiding delays and court involvement. If John had used a trust, the buyer’s offer could have been accepted without any court battles.

Why This Matters To You

Over 7 million people aged 65+ live with dementia today and as life expectancies grow, more of us will face periods of incapacity. The emotional and financial toll on families can be overwhelming if there’s no plan in place.

Estate planning isn’t just about what happens after you’re gone. It’s about protecting yourself and your family while you’re still here. A thorough incapacity plan brings peace of mind, helps your loved ones avoid stressful legal battles, and lets everyone focus on what matters most: recovery and moving forward.

Don’t wait for a crisis to force your family into difficult decisions. Start planning for the unexpected today by contacting a lawyer near you.