Senior attorneys, IMHO, handle some of the most compassionate legal cases. We help seniors address their medical and financial needs when they can no longer do so, and we help them create a plan to do so before the time comes when they can no longer do it on their own. In almost all of these cases, the client’s plans or decisions involve the cooperation of their spouses, children, other family members, or loved ones. But without a plan, the future is not so assured.
The simplest, but most profound thing that I learned from another professional in this field is to keep in mind the two main objectives of the elderly person: to maintain control when control is in the process of being lost and to create a legacy in the world. When time is up (How to tell seniors: Bridging the communication gap with our seniors, David Solie, MS, PA, Prentice Hall Press, 2004.) In most cases, the last goal is the easiest, and is achieved by helping clients come up with an estate plan (usually through a last will and will or similar documents) that leaves your worldly assets and goods and possessions to those whom they deem worthy recipients after they are gone.
The first, on the other hand, is a more complicated matter, one of helping the elderly maintain their dignity at a time when faculties fail and dignity seems to fade. It is that loss of control that we fear most, and for good reason. “What will happen to me if I become senile, have dementia, or am a victim of Alzheimer’s disease? Will I be okay? Who will take care of me and watch over me? Who will make my decisions for me? Will my wishes be carried out? “These questions are most pressing for those approaching age-related illnesses.
These very deep and valid questions are legitimate concerns that can be answered. before a person gets to that point, and that’s the beauty of planning ahead. If aging simply planned for these eventual events, they would be assured that their later years will be as golden as they can be. Advance directives (powers of attorney, health care powers, living wills), wills, trusts, Medicaid planning, and long-term care insurance – these are all tools that the senior attorney uses or recommends to design a plan to suit the needs and finances of each individual client. .
More importantly, they are the tools that each individual has at their disposal to maintain control over their future. Because without this type of advance planning, these decisions will be made by courts and laws that do not necessarily reflect the wishes of the individual. For example, without a will, the intestacy laws of a state control who will receive the individual’s worldly goods upon death. If you want to leave your estate to a more distant relative or loved one and omit closer relatives, your wishes must be made known in your will. Without a durable power of attorney or revocable living trust, the guardianship courts will decide who will make your financial decisions. And without health care powers and living wills, the law (if your state has a “default” health care proxy law, like New York’s new law) or a guardianship court will make those decisions. Who wants their life to be controlled like this?
If you want to make sure your wishes are followed when you can no longer do it yourself, consult an estate planning or senior care attorney to help you with the right plan motto for your future. In this way, you maintain control over your decisions, your assets, and your future. your way.