Question: What are the basic estate planning documents that I need?
Answer: We recommend that every client have the following:
- A Strong Will
- A Financial Power of Attorney – Identifies an agent to manage your resources in a time of need
- A Health Care Power of Attorney – Names a person you trust to be your health care agent if you are incapacitated
- A Living Will or Advance Directive for a Natural Death – Guides end of life matters
Question: What is a Revocable Living Trust? When would I need one?
Answer: A Revocable Living Trust is a legal entity that allows you to protect your assets from the time, cost, and stress of the probate process. During your lifetime you are the trustee and you continue to control all of the assets in the Trust. At your death or incapacity, you can name a successor trustee to manage your resources following your directions in the Trust. No court supervision is needed and the process is private.
You should consider a Revocable Living Trust:
- If you want to avoid a full probate process upon death, which may be time consuming and involve family conflict.
- If you want continued management of your assets if you become incapacitated by accident or sickness.
- If you want to manage inheritances for your children or others so that distribution takes place over time and with stipulations.
Question: What is Elder Law?
Answer: Elder Law attorneys help families to prepare for the time that aging loved ones can no longer take care of themselves. We do three specific things:
- Create Powers of Attorney and facilitate guardianships (when necessary) so that financial and health care decision-making is clear and secure;
- Draft trusts that protect family resources; and
- Qualify individuals for Medicaid assistance when seeking long-term nursing home care.
Question: Why should I be concerned about long-term care costs if I am currently healthy?
Answer: Over 30% of individuals 65 years or older will receive long-term care in a nursing home. The cost of a nursing home can reach and exceed $80,000 per year. The only public benefits program that pays for long-term nursing home care is Medicaid but qualification requires that applicants spend down their own funds first, until they only have $2,000 in “countable” assets. An attorney can help structure your resources to maximize your non-countable assets. A modest amount of planning early on can save resources that may be in jeopardy when a medical crisis arises.