Follow
Share

I recently had a back injury - may require surgery - and it has brought to my and my husband's attention that we need to plan as much as possible for what might be ahead of us. Any suggestions will be greatly appreciated.

sad4sis, it is good that you will be speaking with an Elder Law Attorney. Don't worry about questions, a qualified Elder Law Attorney will ask you questions that will guide him/her as to what is needed.

If at all possible, hire an Elder Law Attorney from a large firm, that has numerous Attorneys in that field. That way, if said Attorney should retire or move away, the firm can appoint another of their Attorneys to be your Attorney.
Helpful Answer (1)
Reply to freqflyer
Report

I would ask about setting up a trust to shield your assets to qualify for medicaid one day. I believe there is a look back period of 2 or 5 years (need to check with a medicaid elder attorney) so the sooner you get moving the better.

I would ensure that you have POA and Healthcare Proxy in place, potential long term insurance (although note, it is very expensive), and wills and trusts, including exploring the above about medicaid.

You also need to think very seriously about the POA and your intentions. If you want to stay in your home, that person will not only be responsible for paying your bills, dealing with your investments, but managing and maintaining your household, choose that person or person(s) very wisely as this work takes a lot of time.
Helpful Answer (1)
Reply to WordsofWisdom
Report

Well, basically you have answered your own question. What you do need is an hour session with a good elder care attorney specialist.
First of all you have choices to make and documents to complete as regards, if not already done:
1. Will. Who you will leave things to. Include a "springing POA" so that you can act for hubby and he for you if either of you becomes incapacitated, and who will act in the event that you two cannot act for one another.
2. POA documents assigning yourselves to act for one another in the event you cannot act for yourselves. And a "second" who will do this duty if, when you cannot. This will be a trusted and CAPABLE family member who agrees to do it and is shown the ins and outs of all your "stuff". Accounts, documents, etc.
3. Arranging all monies so that there is always a POD on accounts and CDs, stocks and etc and that they know who they are.
4. Advance directive filled out, given to your MPOA and copies to your MDs and Hospital for your charts. Be sure what you want done and what you don't want in terms of feeding tubes, ventilators, CPR, dialysis, and etc.
5. Ask your attorney what you need in terms of further documents. Are you each on title to car, home deed,, etc.?
This question is a "long ask" and we could write a book to tell you the answer: those books are already written. Go to Amazon and look under the title "Please don't die, but if you DO die, what do I do next". This easy to read book will lead to other titles.

Best of luck.
Helpful Answer (1)
Reply to AlvaDeer
Report

Not only should your PoA be a generation younger than you (25-30 yrs younger) but your elder law attorney should not be too old, either. My husband insisted we use his attorney friend for our trust and he is about to retire, plus he is a one-man law firm. So if we have to make any changes or ask questions, we have to find someone new. I also recommend finding a multiple person firm, more than 2 attorneys, for accountability and convenience.

Make sure your CELA (certified elder law attorney) has experience with Medicaid.
Helpful Answer (5)
Reply to Geaton777
Report
JColl7 14 hours ago
This is excellent advice. I was POA and executor for my late aunt. She had an older lawyer who had the original Will. I could not locate him and was told that if I did not have the original Will it was like there was no Will at all. After much research, I found he was incapacitated (and eventually passed). However I tracked down his associate who found the original Will and assisted me with closing my aunt’s estate. They were both one man operations. I don’t recommend an older attorney, one man shop operation. I was stressed until I found the second lawyer.
(4)
Report
Pick someone younger to be your Financial POA and Executor. (this from my daughter now helping her mom who is supposed to be the executor of her mothers Will...and it seems to be a mess)
Pick someone that knows and agrees with your Health care and end of life wishes.
If either you or your spouse have cognitive problems establish a Special Needs Trust that will provide for the one that is in need of it.
Pick a Successor POAs in case something happens to the primary ones you chose. You do not want to have to go to Guardianship if there is no one that can make decisions when the time comes.

But this is not their first rodeo. They have probably seen and heard it all. You are paying for their guidance in setting up all the things that you will need so that you will be in a good position legally.
Helpful Answer (2)
Reply to Grandma1954
Report

An attorney will help you to implement the decisions that you need to make. An attorney doesn’t make those decisions for you. If you want to consider your options (which you need to do well before you see about implementing them), this site can help a lot. You can look up things like Assisted Living or Memory Care, their costs, pluses and minuses here. If you give us more information about your current situation (age, health and housing etc) we can probably point you in useful directions. Come back with more details!
Helpful Answer (1)
Reply to MargaretMcKen
Report

Ask a Question
Subscribe to
Our Newsletter