Decluttering for Peace of Mind: An Earth Day and Estate Planning Perspective
By Melinda Gustafson Gervasi
April 22, 2025
Once again a gentle Spring rain greeted my teenagers as they silenced the alarms on their phones and started their day - Earth Day 2025. Year round they bike to school; studded tires make a Wisconsin winter bike commute a possibility. Now that the snow is behind us (we hope) its the wet days that spur them to ask for a ride instead. I said no, not today, and sent them on their way. And then I zipped up my rain coat, laced up my tennis shoes, and walked to the office in the rain.
Morning walk - the sun arrives
My 30 minute walk gave me time to think about all the clients I have helped over nearly 20 years of practicing estate planning and probate. Many put a huge amount of energy in writing documents, making sure they are stored correctly, and leaving written instructions. The one area that seems to be neglected by many is the art of decluttering. Having an estate plan on paper is a great thing; only 32 percent of Americans have a will. But, if you really want to make your passing as easy as possible on the loved ones you leave behind, I suggest decluttering now. It will be a gift to your loved ones, and to Mother Earth.
When you take the time to declutter now you can rehome items efficiently, minimizing what gets tossed into a dumpster. You can also save loved ones hours and hours of time sorting through your possessions, trying to decide what to keep and what to toss, make all the more difficult because they are operating in a cloud of grief.
This is not a new topic for those who follow my writing. Here are 2 different book reviews I’ve written that might motivate you to tackle the clutter yourself, and not leave it up to your heirs:
A blog is meant to spark thought and reflection - it is not legal advice. Please consult with an attorney in your home state for advice specific to your situation. If you have found this post helpful, consider sharing a link on your favorite social media platform. Also, enter your email above, upper right, to receive a message when a new post hits. Be well, and thank you for reading.
“Brain, brain, what is brain” quipped my almost 15 year old daughter as we wove our way through information tables at the recent UW Carbone Cancer Center Open House. Among the display tables, all featuring interesting swag, one table offered rubber gloves and the chance to pick up a human brain. She quoted an episode from her beloved Star Trek (she is very much her father’s daughter in terms of Sci Fi preferences), and then quickly exited the area. I on the other hand had a few questions for the eager medical students armed with knowledge and props. As an estate planning and probate attorney, I routinely discuss organ donation with my clients as they complete a power of attorney for health care. When we think about “donating my body to science” we likely do not think about the role actual human organs play in community outreach! Now I have a new perspective to share with my clients. I also have no insight into my scientifically inclined daughter – she will not be working with anything involving formaldehyde.
Organ donation used for community outreach
Ever the teenager, my daughter was not pleased to be spending her Sunday afternoon at a scientific open house. “Mom, these events are for 3rd graders, not me. And it SMELLS in here!” I agreed, but countered with a positive “well, at least we know you don’t want to work with human organs. Identifying what you do not want to do for a career is likely more important than settling on a specific career before you can vote!” There is intense pressure on our teens to decide on a career path at an early age. Sometime too early in this mama’s opinion. And I offer this same approach to you dear reader, when it comes to making decisions and you feel stymied, start with ruling things out. That may help you zero in on what you do want. For example, it's time to make healthcare decisions.
Next week we’ll celebrate National Healthcare Decision Day on April 16th. Organized by The Conversation Project. The day is meant to encourage Americans to make decisions about your healthcare preferences and to make those choices known. Specifically, you can create a Power of Attorney for Healthcare where you can appoint another person to make your medical decisions when you cannot due to an accident or sudden illness. For example, the person can consent to surgery, schedule medical appointments, or set up in home healthcare. Another document is called the Living Will (aka Advance Directive) which tells your medical team what measures you want in an end of life situation. For example, whether you wish to receive life-sustaining treatments like CPR, dialysis, or mechanical ventilation.
Laws related to estate planning and probate are state specific. Each state has its own set of laws and regulations related to powers of attorney for healthcare. It is important to learn the laws of your state, and follow them accordingly. Here in Wisconsin, we are not a “next of kin” state. That means there is no automatic assumption under the law about who can make healthcare decisions for you if you are incapacitated. As a result, the courts would then appoint a guardian. This may be someone you would not have wanted to act. If at all possible, make a decision about who should speak for you, and then make it legally binding by creating a power of attorney for healthcare.
You are likely the best person to decide who should act for you. If this topic is new to you, consider the following factors when selecting your healthcare agent:
Who has the time, or can make the time, to handle decisions if you are seriously ill
Who has the skill set to be your advocate in the overcrowded healthcare world
Who will honor your wishes and follow your wishes when making medical decisions
Who will remain the most calm and level headed it you are in the ICU
Thank you for reading. Remember that a blog is not legal advice, but rather a platform to encourage thought and reflection. Please seek legal counsel from an attorney licensed in your home state. Consider sharing this post on your favorite social media platform if others might enjoy it, and sign up above (upper right hand corner) to receive an email for future posts. Be well!
4 Steps for Pet Lovers to Include in an Estate Plan
By Melinda Gustafson Gervasi
April 4, 2025
Her name was Kiki, and she was a full-of-life 5 year old cat who all of a sudden found herself in need of a new home. When her human companion suffered a sudden and severe illness, it became clear that under no circumstances would they be able to continue sharing the downtown condo they had called home. Like countless other animals, Kiki's path was uncertain – now what?
It was the promise of a dear family friend that secured Kiki secured a new family. And that family is my own. Kiki's sudden need for a second family is not unique, and is one I routinely discuss with clients. Now aged 18, she remains full of sass and demands her breakfast and dinner with the precision of a Swiss train.
When assisting people in drafting powers of attorneys, wills, and trusts – I routinely ask them “what if questions”. And more often than not I hear “Oh, I hadn't thought of that!” In the case of clients who are human companions to dogs, cats, and other animals I offer the following suggestions:
Program the ICE in your Smart Phone (it's the In Case of Emergency key) to have a Pet Contact. Should you be in a car accident or other situation where you are fall ill away from home, make sure emergency personnel know about animals in your home that may need care within the next 12 hours. It is common practice for authorities to use your phone to locate loved ones, and it can alert them to special circumstances in your home.
Post a Care Contact Document on your fridge. Parents of young children often have a magnet on the fridge with the phone number for the pediatrician, etc. Those with animals in the home should create a similar document and list: name and phone number of veterinarian; list of prescription food or medicines for each animal, if any; contact information for a short-term pet sitter; and the name and number of one or two people who are willing and able to offer a new permanent home to an animal.
Create powers of attorney for finance, which allow your agent to manage your financial affairs if you are alive, but too sick to act. This should include services related to animal health and care.
If medical or other care costs will be a financial burden on future caretakers, consider creating a pet trust in a will. This tool can be simple (usually four paragraphs long), and allow you to transfer animals and money to a trust managed by someone you appoint, cared for my a person of your choosing, and direct where any remaining monies should upon the death of the animal.
Ms. Kiki - now aged 18
Please know that a blog is not intended to be legal advice. Rather, it is meant to spark thought and reflection. Please consult with an attorney licensed in your state. Be well, thanks for reading, and share this post on your preferred social media if you think others might enjoy it as well!
