Many seniors without warning find themselves in need of long term medical care due to a catastrophic event in their lives. However, they may not be in a position to make decisions about what kind of care they need or how to pay for that care. Decisions about health care are best made while the senior is capable of doing so in order to relieve the burden of putting the decision on your family. You may need someone to manage your finances. If you have an executed Durable Power of Attorney, then, you have a representative to step in and manage your assets. If you do not have a Durable Power of Attorney, your family will be required to petition the court for guardianship. This could be a costly procedure for your family. Long term nursing care whether at home or in a private facility is expensive. Medicaid benefits are needed to help cover the costs. Seniors must know the qualifications for Medicaid in order to plan accordingly and have a plan in place before they become unable to do so. An experienced attorney’s advice in “elder law” can be helpful before the time to apply for Medicaid. Elder care issues can be challenging.
Every senior should have an executed Last Will and Testament so that the family heirs will be able to complete the probate process easier than if there was no will. The executor of the will has the responsibility of making sure your wishes are followed. The executor is selected by you and should be someone who you trust to handle any legal issues that occur after your death. Sometimes the process of probate may take a year. I can answer your questions regarding your estate, prepare your will, a Durable Power of Attorney, A Declaration of Desire for a Natural Death and a Healthcare Power of Attorney.
The Declaration of Desire for a Natural Death is a document in which you make decisions regarding the withholding of various forms of treatment or a feeding tube or intravenous fluids. This document is important because it takes the burden of making these decisions off of your loved ones. This document also provides that your wishes will be followed.
Wills, Trusts, and real estate deeds can be contested for a variety of reasons. Families, unfortunately, find themselves involved in bitter disputes when a family member dies and someone in the family thinks the will is unfair or someone takes advantage of someone who is dead. Dan Flebotte has the knowledge and experience required to help bring a case or defend a case if you find yourself in a dispute over a Will, inheritance or real estate. He is a member of the National Association of Elder Law Attorneys and committed to providing the very best support to his clients in the second half of life.