Insights from The Orlando Senior Help Desk: Legal Planning

Without proper legal planning, caring for aging loved ones is often emotionally and financially distressing for everyone involved. Families struggle at the last minute to find information, guidance and assistance to handle the complex health care, financial and legal needs.

By planning ahead and obtaining the right legal documents, families can help their aging relatives gain security, take advantage of public benefits, and preserve their assets.

Estate plans are needed. They can help families avoid probate, which occurs when an individual owns assets in his or her name alone, and the court determines distribution. If not handled properly, probate can be time-consuming and costly.

Estate plans include wills or trusts, durable powers of attorney, health-care surrogate designations, and living wills. These documents enable individuals to manage their assets during their lifetime and upon incapacity, and after their death. Planning can help minimize or avoid estate taxes and ensure the senior – not the state – retains control of his or her assets.

At minimum, individuals should obtain advance directives. These documents help ensure their wishes are carried out (financially and medically) in the event of incapacity.

Advance directives include:

Living Will: Documents an individual’s wishes concerning prolonging life through artificial means when there is no other hope of recovery

Health-Care Surrogate:

Grants an individual’s designee the power to access medical information otherwise prohibited by HIPAA

Durable Power of Attorney: 

Gives an individual the power to direct the giving of gifts, apply for Medicaid, pay expenses, access retirement benefits and sell real estate.

Without these documents, a guardianship will likely be required. In addition to being costly, guardianships enable the judges, not the family members, to make critical decisions. In addition, guardianship courts hesitate to “gift away” a ward’s assets for medical planning.

Families should work with trusted legal experts with experience handling elder law issues. Obtaining the right legal documents can eliminate the stress of caring for aging loved ones and give families a priceless asset—peace of mind.

While most seniors face major adjustments when transitioning to an elder-care community, Jewish seniors face additional challenges. Not only do they lose their homes, and many of their friends, but they also lose ties to their cultural heritage. This is where the Jewish Pavilion, a 501c3 non-profit, steps in. The Pavilion serves as a resource that provides room visits, festive holiday celebrations, and more to 450 Jewish residents in fifty facilities for seniors. The Jewish Pavilion promotes inclusion, and thousands of seniors of all faiths are welcomed into our programs. http://www.JewishPavilion.org.

The Orlando Senior Help Desk (407-678-9363) helps thousands of callers navigate their way through the daunting senior maze, alleviating caregiver stress while giving advice on all types of elder issues. http://www.OrlandoSeniorHelpDesk.org.