Elder Law Estate Planning for the Future

Elder Law Estate Planning for the Future

Seniors who are parents of adult children can make their children’s lives easier by making the effort to button-down major goals in elder law estate planning, advises Times Herald-Record in the article “Three ways for seniors to make things easier for their kids.” Those tasks are: 1) planning for disability; 2) protecting assets from long-term care or nursing home costs, and 3) minimizing costs and stress in passing assets to the next generation.

Here’s what you need to do, and how to do it.

Disability Planning

Disability planning includes signing advance directives. These are legal documents that are created while you still have all of your mental faculties. Naming people who will make decisions on your behalf if, and when, you become incapacitated gives those you love the ability to take care of you without having to apply for guardianship, conservatorship, or other legal proceedings. There are many names for these advance directives, which include financial powers of attorney, health care powers, health care proxies, and living wills.

Your agent named in the financial power of attorney will make all and any legal and financial decisions on your behalf. In addition, if you use a power of attorney that is specifically drafted for long term care and benefits planning, the agent will have unlimited gifting powers that may save about half of a single person’s assets from the cost of nursing home care.

The agent named in the health care directive can make medical decisions, and you can also have language that advises your agent about how you want your body to be taken care of in the event you are incapacitated. If you want to list these separately, you can also use a health care proxy to name the person who can make medical decisions, and use a living will, to convey your wishes for end-of-life care, including resuscitation and artificial feeding.

When advance directives are in place, you spare your family the need to have a judge appoint a legal guardian to manage your affairs. That saves time, money and keeps the judiciary out of your life. Your children can act on your behalf when they need to, during what will already be a very difficult time.

Protect Assets

Goal number two is protecting assets from the cost of long-term care. Losing the family home and retirement savings to unexpected nursing costs is devasting and could be minimized or avoided with the right planning. The first and best option is to purchase long-term care insurance. If you don’t have or can’t obtain a policy, the next best is the Medicaid Asset Protection Trust (MAPT) that can be used to protect assets in the trust from nursing home costs, after the assets have been in the trust for five years.

Have a Trust

The third thing that will make your adult children’s lives easier, is to have a trust that dictates where you want your assets to go after you die. A trust lets you leave assets to the family as you want, with the least amount of court costs, legal fees, taxes and family battles over inheritances. It also allows for the estate to be settled quicker, which will in turn also be easier for your children. Work with an experienced estate planning attorney to have a trust created.

Think of estate planning as part of your legacy of taking care of your family, ensuring that your hard-earned assets are passed to the next generation. You can’t avoid your own death or that of your spouse, but you can prepare so those you love are helped by thoughtful and proper planning.

Reference: Times Herald-Record (July 13, 2019) “Three ways for seniors to make things easier for their kids”