At Duncan Legal, PC, we know that thoughtful planning today brings peace of mind tomorrow. Whether you’re preparing for retirement, managing inherited assets, or supporting a loved one with Alzheimer’s disease, having a clear legal and financial strategy can make all the difference.
As we approach the end of 2025, two important topics are shaping many families’ futures — the real-world impact of the SECURE 2.0 Act and the growing need for proactive Alzheimer’s and incapacity planning.
Secure 2.0: What’s Working and What’s Still Confusing
When Congress passed the SECURE 2.0 Act in late 2022, it aimed to modernize retirement savings and make planning easier. Now that families and employers have lived with the law for a few years, we’re beginning to see what’s working well — and what still leaves people scratching their heads.
What’s Working
- Later Required Minimum Distributions (RMDs).
Retirees now have until age 73 (and eventually 75, starting in 2033) before they must begin taking distributions from IRAs and other retirement accounts. This extra time provides flexibility, allowing assets to grow tax-deferred and enabling more strategic withdrawals. - Bigger Catch-Up Contributions.
Starting in 2025, individuals between ages 60–63 will be able to make higher “catch-up” contributions to retirement plans. This update helps those who experienced career interruptions or started saving later build stronger financial security before retirement. - Employer Matching on Student Loan Payments.
Younger workers paying down student loans can now benefit from employer retirement plan matches — even if they’re not contributing directly. This small change can make a big difference in helping the next generation start saving earlier.
What’s Not Working (Yet)
- Confusing Beneficiary Rules.
The original SECURE Act eliminated “stretch IRAs” for most non-spouse beneficiaries, replacing them with a 10-year payout rule. Unfortunately, guidance around required annual withdrawals and how trusts are treated remains inconsistent and confusing — especially for families trying to plan long-term. - Roth Catch-Up Contribution Challenges.
For higher-income earners, new rules require that catch-up contributions be made to Roth accounts instead of pre-tax ones. However, implementation has been complicated, leading to confusion among employers and plan administrators. - Missed Opportunities for Coordination.
Many families haven’t revisited their broader estate or tax plans since the SECURE 2.0 changes took effect. Shifts in RMD timing, Roth conversions, and charitable giving strategies can significantly affect tax outcomes and inheritance planning.
Practical Takeaways for Families
- Review Beneficiary Designations. Ensure your retirement accounts name the right people or trusts, especially if your plan relied on “stretch” rules.
- Revisit Withdrawal Strategies. The later RMD age may open a window for Roth conversions or qualified charitable distributions that reduce future tax burdens.
- Coordinate With Your Estate Plan. Update trusts, powers of attorney, and estate documents to reflect today’s laws and your current goals.
- Ask About Employer Updates. If you’re still working, confirm how your employer handles student loan matching and Roth contributions.
Estate Planning and Alzheimer’s Disease: Protecting Dignity Through Preparation
Few diagnoses are as life-changing as Alzheimer’s disease — both emotionally and practically. At Duncan Legal, PC, we know these are deeply personal moments for families. The most compassionate step you can take is to prepare early, while decision-making capacity remains strong.
Estate planning isn’t just about finances — it’s about protecting autonomy, dignity, and peace of mind.
Why Timing Matters
Legal capacity — the ability to understand and communicate one’s wishes — is essential to estate planning. Alzheimer’s is progressive, meaning that early planning ensures your choices are honored before the disease limits decision-making ability.
Essential Legal Tools for Alzheimer’s Planning
- Durable Power of Attorney for Finances: Lets trusted agents manage money and property when it’s no longer safe to do so independently.
- Health Care Power of Attorney (Health Care Proxy): Authorizes someone you trust to make medical decisions aligned with your values.
- Living Will: Outlines wishes for life-sustaining treatment and comfort care.
- Dementia-Specific Advance Directive: Provides detailed guidance for care preferences as Alzheimer’s progresses.
- Last Will and Testament and/or Revocable Trust: Ensures your assets are distributed according to your wishes and minimizes family conflict.
Without these documents, families may need to pursue guardianship or conservatorship, a stressful and often costly process that can limit personal control. With proper planning, you can spare loved ones from this burden.
How Duncan Legal, PC Can Help
Our team helps families across Colorado:
- Protect assets from the rising costs of long-term care.
- Draft or update advance directives and care documents.
- Appoint trusted decision-makers who understand your values.
- Avoid guardianship whenever possible.
- Ensure every plan complies with Colorado law and reflects your family’s needs.
The Real Goal: Peace of Mind
Whether you’re navigating the complexities of the SECURE 2.0 Act or preparing for the challenges of Alzheimer’s, the common thread is the same — thoughtful planning today prevents unnecessary stress tomorrow.
At Duncan Legal, PC, our mission is to help families protect what matters most: independence, dignity, and legacy.
Let’s make sure your estate plan gives you and your loved ones the confidence and clarity you deserve.
Plan for the future and protect your family’s peace of mind.
Visit Us: 1610 Wynkoop St., Suite 200, Denver, CO 80202
Call Us: (720) 506-2536
Learn More: www.duncanlegal.com
