Early planning allows active participation by your loved one
It's crucial to start the estate planning process as early as possible, ideally when before the individual’s cognitive abilities decline significantly. This allows for active involvement and decision-making while the person can still understand and express their wishes.
What does Estate Planning for aging individuals consist of?
Will or trust
Establishing a will or trust is essential to determine how the individual’s assets should be distributed upon their passing. It’s important to work with an attorney who is experienced in elder law and can ensure that the legal documents reflect the individual’s intentions.
Power of attorney
Appointing a durable power of attorney (POA) allows a trusted person to make financial and legal decisions on behalf of the individual while he or she is living but may not be capable of making decisions. Ensure the designated person is responsible and has the best interests of the individual at heart.
Healthcare directives
Healthcare directives, such as a living will or a healthcare power of attorney, enable the individual to predetermine their preferences regarding medical treatment and appoint someone to make healthcare decisions on their behalf. These directives ensure that their wishes are respected during periods of incapacity.
Other areas to consider
Discussing the possibility of long term care facilities and communication with family members and/or caregivers will ensure all parties are aligned.
It's important to review and update the estate plan periodically
Expertise in elder law and consulting with financial and healthcare professionals can greatly assist in navigating the complexities of estate planning for individuals with failing health. Periodic check-ins with these professionals will ensure the estate plan will continue to align with the current needs of Individuals.