Living Trust Planning | Estate Planning Attorney

Tag: caregivers

  • What Caregivers Need to Know About Estate Planning for a Loved One With Dementia – Part 2

    What Caregivers Need to Know About Estate Planning for a Loved One With Dementia – Part 2

    Last week, we started our discussion on estate planning for a loved one with a dementia diagnosis and what this means for their ability to protect their wishes through an estate plan. We covered: 

    • What it means to have mental capacity or be incapacitated
    • How dementia affects capacity for estate planning purposes
    • The essential estate planning tools a person with dementia needs to create right away

    However, as dementia progresses, estate planning must become more proactive and strategic than ever to avoid court and conflict over your loved one’s wishes in the future. If dementia becomes too advanced before planning is complete, the question of who will manage your loved one’s assets and care will be left to a judge who doesn’t know your loved one or their wishes.

    Keep reading to learn what steps need to be considered when estate planning for someone with more advanced dementia.

    Seek a Cognitive Evaluation

    If your loved one’s cognitive capacity is in question, seeking a professional evaluation is a prudent and proactive step in the estate planning process. Schedule an appointment with your loved one’s primary care physician or a specialist in dementia care to assess their mental state and make a recommendation on your loved one’s ability to make estate planning decisions.

    During this evaluation, the medical professional will talk to your loved one and ask them questions about their everyday life, how aware they are of their circumstances, and what they would do in certain situations, such as if a stranger came to the door or if a pipe burst in their home. 

    Your loved one doesn’t need to remember every detail about their life for the evaluation to be beneficial. The professional will be most concerned with your loved one’s ability to analyze a scenario and make a thoughtful decision on how to respond. For example, your loved one may not remember what day of the week it is but may remember they shouldn’t open the door for a stranger.

    Receiving a report from your loved one’s doctor stating they have the cognitive ability to make estate planning decisions (at least when they’re in a lucid state) protects their ability to make decisions for their finances and healthcare, and dissuades any future debate from third parties as to whether your loved one had the ability to make a plan in the first place.

    Encourage Private Meetings Between Your Loved One and Their Lawyer

    It may be second nature to help your loved one with appointments, especially if hearing and memory troubles make it difficult for your loved one to follow along. But as much as possible, allow your loved one to meet with their lawyer independently. A private meeting between your loved one and their lawyer will provide them with the opportunity to express their wishes without external influence. 

    Even if you have your loved one’s best intentions at heart and they would prefer to have you present during the meetings, encouraging your loved one to have private conversations with their lawyer when possible helps avoid questions about whether or not you influenced their estate planning decisions.

    If it isn’t feasible for your loved one to have an entire meeting with their lawyer alone, make sure they at least have opportunities to talk to their attorney in private by leaving the room while your attorney confirms their wishes.

    Be sure to document every time your loved one meets alone with their lawyer and ask their lawyer to document it as well. 

    Make Sure Their Estate Plan Is Executed Carefully

    Unfortunately, errors that occur at the time an estate plan is signed are common. Every state has different laws for how estate planning documents are executed, how they can be signed, and what witnesses or notaries are required to make the document binding. 

    If your loved one’s plan isn’t executed properly, it can result in your family needing to involve a judge to determine whether the estate plan is still valid. This also creates an opportunity for family members to question whether your loved one had the mental capacity to create the plan at all.

    It’s also essential to document your loved one’s capacity at the time the estate plan documents are signed. Make sure that their lawyer reviews the documents carefully with your loved one before they sign them, that the documents reflect your loved one’s wishes, and that your loved one is creating the plan of their own free will.

    If you have any concerns about other family members questioning your loved one’s estate planning decisions or mental state at the time, ask your loved one and their attorney if they could record the signing meeting to dispel any claims that your loved one was coerced into planning or didn’t know what they were signing. 

    Conclusion

    If your loved one received a dementia diagnosis and hasn’t addressed their legal matters, don’t despair – but act fast. Even in the advanced stages of dementia, individuals may have moments when they can participate in decision-making and estate planning. But, due to the progressive nature of dementia, time is of the essence for your loved one to create an estate plan, and the sooner they plan, the easier it will be for them to get the help they need as their condition progresses.

    In cases where your loved one’s capacity is severely diminished and estate planning hasn’t been completed, your family will need to pursue a court guardianship. This legal arrangement involves a court appointing a legal guardian who assumes responsibility for making decisions on behalf of the person with dementia. This process can be stressful, and it’s possible the court will appoint someone your loved one never would have wanted to manage their assets or healthcare decisions. 

    To make sure your loved one’s wishes are documented before it’s too late, I invite you to book a Life & Legacy Planning Session with my office today. Our team is dedicated to providing compassionate guidance and legal expertise to ensure the well-being and wishes of your loved one are preserved. 

    This article is a service of Jeannette Marsala, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

  • Got Minor Kids? 3 Instances When Your Estate Plan Must Include a Kids Protection Plan

    Got Minor Kids? 3 Instances When Your Estate Plan Must Include a Kids Protection Plan

    As a parent, you’ve probably thought about the importance of naming permanent legal guardians for your child in case something happens to you, and maybe you’ve already done it. If you haven’t yet, take this as the sign that now’s the time to do it, in case the unthinkable happens to you.

    But in some cases, naming permanent legal guardians for your child may not be enough to guarantee your kids will always be cared for in the way you want by the people you want. And there may even be a risk of your kids being taken into the care of strangers or someone you would never want.

    Read on to find out if that’s the case for your family, and if it is, contact us ASAP to get your Kids Protection Plan in place. 

    You Leave Your Kids With Non-Related Caregivers 

    If you ever leave your minor kids with a caregiver who isn’t a grandparent, aunt, or other family member that the authorities would naturally leave your kids with if something happens to you, this is what could happen.

    Your kids are home with the babysitter. You don’t make it home, and the authorities are called. The authorities show up at your house, and what would they do?

    Would they leave your children at home with the person taking care of them while they attempt to find your will or legal guardian nomination? Would they even be able to find your legal documents? Would your legal documents name someone who would be immediately available to come to stay with your children, and would the authorities leave your children with those people without a court order?

    If not, you need a Kids Protection Plan to fill in the gap. 

    Permanent guardian nominations only take effect upon your passing and are made official through the court system. This means that they don’t give any legal authority to your chosen guardians in an emergency or if you become incapacitated. 

    Because of this, law enforcement could place your child into protective custody with social services in the event of your sudden absence or incapacity due to an illness or injury. To minimize the chances that would happen, we can name legal guardians for the short-term, and give those named guardians the legal documentation they would need and instructions on what to do immediately if something happens to you. 

    In addition, we will give you the tools to ensure that anyone staying with your children while you aren’t there knows exactly what to do if something happens to you. 

    You Have Someone In Your Life You Would NEVER Want Raising Your Kids 

    While this may not apply to you, if it does, you absolutely, 100%, without question need to contact us for a Kids Protection Plan STAT. If you have anyone in your life you would never want raising your kids if you aren’t able to due to illness or injury, we can ensure that person is confidentially excluded from your plan using a Kids Protection Plan. We can structure it so that this confidential document is only brought forward if necessary to keep your children out of the care of the person you would never want to raise them.

    You Have Unique Desires For Your Kids’ Education, Health Care, or Financial Well-Being

    You’ve probably given a lot of thought to how you want to educate your children, the kinds of healthcare decisions you make for them, and how you want them to experience reality from a financial perspective. If that’s the case, then you absolutely want to ensure that anyone raising your children will know how you would have wanted these decisions to be made. 

    Otherwise, if you don’t take the time to leave instructions to the people who could raise your children, they won’t know how you would make decisions if you cannot be there to communicate your hopes, dreams, wishes, and desires.

    Here’s the great thing about this. There’s a 99% chance that you’re not going to become incapacitated or die while your children are minors (phew), and yet taking the time to write down your unique desires for their well-being and care is an illuminating process in and of itself that will make you a better parent right now.

    We hear it again and again from our clients that when they create their Kids Protection Plan with us, they immediately feel a great deal of relief and a belief that they’re being the best parents they can possibly be. They have more clarity about what’s really important to them, what they want to emphasize, who they want their children to develop relationships with, and where they can better focus their own time, energy, and attention.

    If you aren’t sure where to start when creating these instructions, don’t worry. We will support you with the whole process when we create your Kids Protection Plan. 

    Comprehensive Protection for The Ones You Love Most

    Nominating permanent legal guardians is an essential piece of your estate plan, but in reality, it often isn’t enough to ensure your child remains in the care of people you choose, know, love, and trust if something happens to you. If your children are ever left with a relative, or if there is anyone in your life you wouldn’t want raising your kids, or if you have unique high-value wishes for the way your children are raised when it comes to their education, health, or financial well-being, you need a full-fledged Kids Protection Plan. 

    If you’re ready to create a Kids Protection Plan for your child, the first step is to schedule your Life & Legacy Planning Session. During the session, I’ll look at everything you own and everyone you love to get to know your family and your wishes on a personal level. Then I’ll explain how the law would affect your family if something happened to you today, and together, we’ll design a plan that will protect your assets and your loved ones, no matter what.

    To get started, schedule a complimentary 15-minute call. We can’t wait to protect your children and your entire family through comprehensive planning.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

  • Does Your Child With Special Needs and Their Caregivers Have a Circle of Support?

    Does Your Child With Special Needs and Their Caregivers Have a Circle of Support?

    Every parent and every child needs a support network to help them achieve their goals and live their best lives, but for parents of children with special needs – no matter their age – the worries of who will take care of your child now and in the future take on heightened significance. Your child may need support for the rest of their life, even after you have become incapacitated or have died.

    As parents of a child with special needs, you also require your own level of support for your personal, physical, and emotional needs, as well as resources to help you make financial or educational decisions for yourself and your child. 

    To ensure your child with special needs is always cared for without interruption or delay, and to make sure you and future caregivers have the support you need to take care of yourself and your child, it’s important to establish a group of family members, friends, and professionals that I call your circle of support.

    Creating Your Circle of Support and Fiduciary Manual

    Whatever your child’s special needs may be, carefully creating and preparing a circle of support is an important component of holistic special needs planning. I can assist you with this process through our circle of support and fiduciary manual, and provide you with methods for selecting your future caregivers and fiduciaries–the people you’ve entrusted with using your assets to support your child in the event of your incapacity or death–and beginning to educate them on their role in your child’s life. 

    Your fiduciaries include your attorney-in-fact under a power of attorney, the trustee of your revocable living trust, and the trustee of your child’s special needs trust. Each of these legal instruments provides guidance to the fiduciary, but many important details of your child’s needs will change over time. 

    The manual is the place to record these details – and update them annually as needed. Details that you should record in your fiduciary manual include the names and contact information of your child’s doctors, tax preparer, counselor, and healthcare providers, to name a few.

    Of course, some adult children with special needs can handle many of these matters themselves, so some sections of your manual will provide guidance on trustworthy financial and tax advisors or an annual reminder of emergency and disaster procedures. 

    Sections on your hopes for their future education and employment will be meaningful to your child in certain seasons of life, and the steps you share of your own decision-making processes may remind them at a critical moment of the values you strived to uphold during your lifetime that you hope they will embody in theirs.

    Upon its completion, you’ll have a plan in place for everything from who handles disability redeterminations and driver’s license renewals to who changes the air filters in your child’s home, how often, and what type of filter to use. 

    The manual also serves as a guide for your fiduciaries on how you would like them to manage your assets and your child’s care at different stages of their life.

    Putting Your Circle of Support Into Action

    Your fiduciaries themselves may need support and input from a variety of sources as your child grows, and this is where the circle of support steps in. At least annually, it’s a good idea for trusted family members, friends, and professionals to come together and assess how well-supported the individual with special needs has been during the preceding year, what adjustments should be made, and what improvements could be gained in the coming year to help the individual thrive.

    I often suggest that parents start holding informal circle of support meetings every 1-3 years while they’re still alive and healthy. As parents, you can develop blind spots to your child’s needs, and meeting with your circle of support can bring these gaps to light. Far more likely, your own needs can easily be forgotten while caring for a child with special needs, and making sure you’re getting the care and support you need is equally important to your child’s ability to thrive.

    Who is caring for the caregiver (you!) right now, and who will look after the well-being of future caregivers and fiduciaries as they support your child? I can help you answer these questions and more so you can rest assured there’s a plan in place for your child’s care at every stage of their life.

    Completing Your Circle of Support With Your Lawyer for Life

    Being the parent and caregiver of a child with special needs is a rewarding experience that works best when you and your child have a network of support and a documented plan and team. 

    Whether your family elects supported decision-making or your child requires a conservatorship – and whether you’ve named family members or professional fiduciaries – I’m committed to helping you record your wishes and your fiduciaries’ information, store it securely in a location known by future fiduciaries, and pass it along the moment it’s needed.

    Any bit of data and wisdom that you have gleaned over your lifetime that you include in your fiduciary manual could be a crucial component that serves to craft your child’s future and helps them thrive. To learn how to receive a fillable .pdf or Word version of the manual to get started, or if you haven’t yet taken that first step to begin your family’s special needs planning journey, reach out to me at (650) 600-1735. 

    My goal is to ensure your child experiences continuous, consistent support throughout their lifetime in order to live their best life and I would be glad to share more about how we can work together to achieve that goal for your child and your family. Call me today at (650) 600-1735 to learn more. 

    This article is a service of Jeannette Marsala, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

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