There are a large amount of legal and estate issues that come in to play when you need to make some long term decisions. It’s always good to have a lawyer with a level of expertise in estate planning. Many family lawyers have this sort of experience, but I would recommend that you seek the services of a good Elder Law specialist and well in advance of your loved one’s care needs.
If you are starting to notice a decline in the cognitive behaviors of a loved one, this is the right time to visit such a lawyer. It’s important that essential decisions with respect to how the care is going to be handled going forward be dealt with BEFORE there is an official diagnosis of cognitive impairment appears on his medical charts. One that diagnosis appears, in the eyes of the state, he/she is not capable of making those decisions. And those decisions can be major from everything to the sale of the family home to what his/her final wishes are in terms of life support.
I have been in too many family meetings where a family, who knew that he some severe health issues, wanted to make sure that his care issues were known and in writing for all family members. He knew that there was mental decline and he wanted to make sure that his grandchildren would have their college taken care of when he was no longer around to see them through. He also wanted to make sure someone would look after his affairs and care when he no longer could, and that his wife would be care for.
These are the kinds of issues that are the wheel house for the Elder Law attorney. They are experienced in the use of wills and trusts make legacy decisions happen with the best possible outcome.
Do you have a Will in place? You would be surprised as to how many people don’t. It’s something that most people put off until later in life when there becomes a whole host of issues to address.
Establishing medical and financial powers of attorney along with advanced medical directives are just some of the basic documents that need to be addressed while the person still has the sound mind to make those decisions and dictate the terms. The attorney is the arbitrary authority to insure that those requests are being fulfilled. Those documents will lay out the guidelines regarding who that person wants to delegate to make critical decisions when they cannot make them for themselves because of a physical or mental limitation. If such decisions are not in place, then the care decisions will be left to a guardian through the legal system. Legal fees to obtain power of attorney are so much more reasonable than the legal costs going through probate.
Legal issues and their remedies vary by state. So, if your family attorney that did documents for you or a loved one is out of state, it would be an excellent idea to have them reviewed by a Texas board certified lawyer.
When there are properties, stocks and even some annuities at risk, they need to review all of these by an Elder law attorney becomes even more important. They can suggests financial instruments to protect the savings and still provide finding for all of the senior care costs going forward. Things that cannot be resolved by an attorney may need the services of a good estate planner to be brought in.
If you are need of wanting to find a trusted Elder Lawattorney in the area, please contact us and we can connect you to some honest and fair lawyers.
leslie@seniorcarescout.com
832-458-6139