Senior care planning when you are divorced and without children is becoming a common concern in the United States as more people choose not to have families. According to 2010 census data nearly 20 percent of women age 40 to 44 had not had children compared to 10 percent in 1980. Children are commonly called upon to assist their aging parents but people without children have to explore other options regarding their senior care.
What Is Senior Care Planning?
A living trust might be a great idea for estate planning and is a popular alternative to a traditional will; however, weigh the pros and cons with an elder law attorney and avoid living trust kits you can purchase online. In many situations, a living trust may not achieve the right result for you.
Under normal circumstances, the client-lawyer relationship is based on the assumption that the client can make decisions about important matters. However, maintaining the normal client-lawyer relationship becomes difficult when the client is incapacitated due to illness, advanced age, or disability. This is a common problem in the administration of elder law, and can raise concerns about whether or not the client, and her estate, is represented fairly. Thus, the ethical administration of elder law is the highest priority.
Attorney-Client Privilege
If an elderly person is released from a hospital and has a terminal illness, which option does he choose: Hospice care or a skilled nursing home?
According to a study from the University of California, San Francisco, records show that a third of the time people who need end-of-life care choose skilled nursing facility benefits provided by Medicare, rather than enter hospice. Certainly 24/7 nursing care that monitors vitals and manages fluids can help the patient, but a skilled hospice team should provide treatment for end-of-life symptoms, such as shallow breathing and pain.
Elder law covers a group of legal specialties focused on the legal needs of older Americans. Needs, of course, vary; therefore, elder law decisions often involve participation by the client’s children, parents, financial advisors, government agencies, healthcare personnel, as well as an elder law attorney.
The Probate Process
Not all estate planning involves the distribution of assets after death; creating a plan to protect a minor child’s personal and financial well being in the event of a parent’s death or mental incapacitation, or a plan to follow when an adult becomes incapacitated and unable to make important healthcare and financial decisions, comprise estate planning, too.
While the basics of estate planning have remained the same for centuries, three key elements emerging in the 21st century that make estate planning a growing necessity. Those who already have a will and planned asset distribution may need to revamp their last will or revocable trust to include three concerns they may have previously overlooked: aging parents, pets, and digital assets.
