Blog

  • Age-appropriate legal documents (Part 1)

    Twenty years ago, Jim and Sandy, age 45 at the time, went on their first vacation without their kids since they were married.   They had no planning documents in place, and had to scramble quickly to get a simple will and a power of attorney to make sure their kids would be taken care of should something happen to them.  They owned a home with a mortgage, and had very little in savings.

    The will named a guardian for their minor children, and named a trustee to hold their children’s money in trust until they reached age 21. The durable power of attorney only addressed basic financial issues, naming an agent to act in their place (paying bills, writing checks for the kids’ various activities) in the event they were unable to.  Jim and Sandy did not prepare a Living Will, or any type of document that named another person to make healthcare decisions for them if needed.  Their main focus was their children, and making sure the mortgage and other bills were paid if something happened to them while they were away.

    Jim and Sandy arrived home from their trip perfectly healthy, and the documents they signed sat in a safe deposit box for the next 20 years. Now age 65, Jim and Sandy are nearing retirement and have accumulated a nice “nest age” and just paid off their home.  However, they recently had a friend suffer a near-fatal heart attack and it was a sharp reminder to them of how precious life is.  The topic of their will from 20 years ago came up, and they both agreed it was time for an update.

    Jim and Sandy now need documents that address their current age and status – near retirement with substantial savings. Their durable power of attorney that worked for their purposes 20 years ago needs a major makeover.  Jim and Sandy now need to consider who will step in and make financials decisions on all of their matters if they are unable to because of incapacity.  Incapacity can result from a disease, like dementia, or it could come from a more sudden health event, like a heart attack or stroke.  As Jim and Sandy grow older, the possibility of a debilitating health event increases.  They have more assets than they did 20 years ago, including a number of online accounts that would need to be managed.  A “general” form is usually not enough to cover the complex issues that arise as we get older, and as we acquire more possessions.

    This increasing possibility of a health crisis also sheds light on the need to have their medical wishes properly documented through a health care directive. What type of life-sustaining measures should be undertaken for them?  Who will make health care decisions if they are unable to?  The natural choice is to choose the other spouse as agent, but what if the other spouse is unable or unwilling to act?   If Jim and Sandy haven’t designated their agent through proper legal documents, then a court may be left to decide for them – an expensive and sometimes lengthy process that can be very stressful on the family.

    Another issue that is important to discuss is what type of care should be provided if Jim or Sandy need it? Does Jim wish to stay home and receive care there?  If so, who should provide that care?  Do both of them want to transition to independent living at some point when keeping up a home and yard becomes too much?  If the conversation isn’t held while Jim and Sandy are healthy, then other family members and friends are left to guess what Jim and Sandy would have wanted.

    As shown above, age-appropriate legal documents that address health care and financial decision-making are critical. The other critical planning concern is what will happen to all of Jim and Sandy’s possessions if one or both of them get sick and need substantial care on a long-term basis?  Our next blog will address this issue:  How can Jim and Sandy take steps to prevent losing everything in the event their health fails?

  • What is a life planning attorney?

    There is no formal area of practice called “life planning.” So why do I call myself a life planning attorney? What services do I provide, and how are my services different from what other attorneys provide?

    A life planning attorney evaluates your current financial and legal status, and analyzes potential problems that may arise in the future. A life planning attorney will create a customized “life plan” that addresses those future problems.

    When I decided to start my own law practice, I struggled with how to describe my services to others. I knew that I wanted to educate and advise clients on legal strategies to not only avoid litigation, but also on how to use their assets to the fullest extent to live the life they desire.

    Generally, my “formal” areas of practice are estate planning and elder law.  I am also familiar with other areas of practice such as unlawful detainers, civil litigation, etc. By pigeon-holing myself into one area of practice, it was difficult to explain how my approach differed from other attorneys because everyone had a preconceived notion of each area of practice.

    My goal is to help clients celebrate life. Hence, life planning.

    Life planning is a holistic approach

    I provide a holistic view on what steps a client should take in order to achieve their short and long term goals. Clients are encouraged to discuss anything with me during the initial consultation and planning meeting, even if seems to be unrelated to the services I am currently providing. Through an open dialog, we can analyze all the potential areas that a client needs legal help.

    For example, Bob needs help trying to how to pay for long term care for his mother. His mother became incapacitated due to dementia but Bob can’t care for her at home anymore. Further, he would like to save his mother’s house since it was the family home and his sister and her family is living there.  A life plan for Bob would filing a conservatorship action for his mother, exploring whether she needs to apply for Medi-Cal to pay for long term care, arranging for a backup caregiver for his mother should Bob be become incapacitated, evaluating how the family home can be protected in a fair manner, and preparing estate planning documents for Bob.  Also, since Bob owns a small business, a life plan would also examine his business policies and procedures to ensure he is protected from liability.

    Further, I encourage my clients to keep in touch with me so we can update their life plan as needed.  Otherwise, a carefully thought-out life plan may become useless.

    A life plan must cost more, right?

    A life plan doesn’t cost more. I don’t charge a premium for clients who say they specifically want a life plan over those clients who come in for a limited purpose.

    Life planning is my style, my approach. A life plan is merely a my way of evaluating what services you may want to consider have done; every attorney does this to some extent as part of the consultation. A life plan may simply be guidance for you to do certain tasks on your own, in essence giving you control over what you pay for. A life plan differs from what many other attorneys do because it indicates my ongoing commitment to you to ensure that your needs are being met.

    Whenever possible, any services I provide are billed on a flat fee basis so you are clear on the fees and costs for the scope of services provided. In addition, I offer free initial telephone consultations so we can evaluate whether we would work well together. I offer flexible meeting times, and am willing to travel to you (within reason).

    If you decided to proceed, you’ll find that my fees are highly competitive and you get more value for your money.

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