Last Writes

Brian Wilson was a co-founder, singer, and songwriter, behind the Beach Boys. Wilson died in 2025 at age 82, leaving behind a legacy that influenced generations of artists. His later years also offer an important estate-planning lesson. Wilson’s advance health care directive named his wife, Melinda, as his health care agent but reportedly did not name a successor. After Melinda died in January 2024 and Wilson was unable to make health care decisions because of a neurocognitive disorder, his family and friends petitioned a California court for a conservatorship. The court appointed his publicist and business manager as co-conservators to oversee his personal and medical decisions. The terminology and procedures differ between California and Pennsylvania, but the planning lesson is the same: your health care power of attorney should not depend on one person always being available.

Pennsylvania law permits you to name one or more successor health care agents who can serve in the order listed in your document. A backup can step in if your first choice dies, becomes incapacitated, declines to serve, or simply cannot be reached when a decision must be made. Without an available agent, Pennsylvania law may allow a health care representative—such as a spouse, adult child, parent, sibling, grandchild, or another adult familiar with your wishes—to make decisions. That statutory fallback, however, may not select the person you would have chosen. It can also create uncertainty when several people share the same priority but disagree about your care.

Naming a backup is only the beginning. Review your health care power of attorney after the death, illness, incapacity, or estrangement of your agent—and after a marriage, divorce, relocation, or major diagnosis. Confirm that each person remains willing to serve, understands your values, and knows where to find the document. Consider naming a second backup if your first two choices are close in age, frequently travel together, or face similar health concerns. Your health care power of attorney is not a sign-it-and-forget-it document. A quick review today may help ensure the person speaking for you tomorrow is someone you know, trust, and chose.