01 Jul BRIAN WILSON’S ESTATE PLANNING ERRONEOUSLY GAVE HIM “GOOD VIBRATIONS”
The estate planning of Brian Wilson, the legendary co-founder and primary songwriter of the Beach Boys, was a mixed bag. Wilson, whose death was announced on June 11, 2025, had a revocable living trust, which was likely beneficial in numerous ways, ranging from probate avoidance to privacy and likely tax planning.
However, he made the mistake of not naming an alternate agent after his wife on his health care power of attorney (called a medical power of attorney in Texas). His wife, Melinda, died in January 2024. Wilson was tormented with mental illness, including dementia in his latter years. Melinda took care of him until her death.
Since no alternate agent was named, Wilson’s family filed for conservatorship since he was suffering from a neurocognitive disorder. The conservatorship was only to take care of him, as well as making medical decisions on his behalf. In Texas, this is called guardianship over the person. The petition indicated he was “unable to properly provide for his personal needs for health, food, clothing or shelter”. LeeAnn Hard and Jean Sivers were appointed as his conservators in May 2024. The Wilsons had children who were cared for at their family home (the Wilsons adopted children who were either minors or still living at home at the time of Melinda’s death), and there was a desire for this not to be disrupted.
The conservatorship was not over management of most of his assets (called guardianship of the estate in Texas) since the trustees of his revocable living trust handled his assets.
4 end-of-life documents that could say that an alternate should be considered:
#1. Medical Power of Attorney
Wilson had no alternative after his wife. It is best to have at least 2 alternates in the event an agent dies or becomes disabled. The medical power of attorney governs who makes medical decisions when the principal (i.e. Wilson) can no longer do so.
#2. Directive to Physician
Commonly known as a living will, this document governs whether you want to be kept alive if you have a terminal or irreversible condition. The document can indicate with whom you want the doctor to discuss end-of-life decisions.
#3. Declaration of Guardian in the Event of Later Incompetence or Need
In Texas, you can choose who you want (or do not want) to take care of you and your assets if there even should be a need for a guardian of the person or estate.
Assuming mental capacity and no undue influence at the time of the signing, courts will likely honor your request (especially if there is a dispute). In Wilson’s case, there was no dispute. However, sometimes there is fight over control.
#4. HIPPA
You can give access to your medical records to others named in the document, that is effective after you lose mental capacity or even after death if this document is executed. This is needed due to the privacy laws.
“Wouldn’t it be nice” if Brian Wilson had a perfect estate plan?
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