01:53 - 06:24
You don’t need millions of dollars to start estate planning. You can and should start with a power of attorney when you’re 18. Anyone over the age of 18 should have planning.
If you don’t have a power of attorney in place and you lose capacity and the ability to make decisions for yourself, you can’t make payments and somebody has to do that for you.
The mechanism that the law has in place is a guardianship hearing, which can be less than ideal.
Just because somebody doesn’t have the capacity does not mean that they don’t understand that they don’t like it.
It might not feel right being in a courtroom with a person filing a petition at a different table, a different counsel, a judge, somebody transcribing, etc.
We want to make sure that nobody is taking advantage of you and doing something that you don’t want. Guardians can take away your right to make a decision for yourself.
That’s why it’s important to have a financial power of attorney as soon as possible.
There is a healthcare statute, but it can lead to a family battle and potentially a guardianship hearing, so it is better to plan early with a financial power of attorney.
06:25 - 10:41
If you do not have a will, the government provides one for you. It’s not perfect, just like the healthcare statute, but it is better than nothing.
Intestate Succession - when the government has to make a decision about what somebody would want to do and create rules based upon what they believed to be true.
If you don’t have a will, it is not guaranteed that all the money from a parent who passed away suddenly will go to their spouse.
The children could take a good portion of the money and be in a situation where they cannot give the money back to their living parent.
Intestate succession is at least something, but it is better to be the one in control, making the decisions.
10:42 - 22:55
Once again, do-it-yourself kits and any online sources are better than nothing, but these kits are done nationally and do not take into account the differences between states. Each state has different requirements and laws.
Pennsylvania tends to be more strict and difficult with its requirements.
Another thing we often see are powers of attorney that are drafted through a kit or online are not going to provide the powers that you need.
We are able to do asset protection in PA. The key is that the document, the powers of attorney, provides in it that you are allowed to do unlimited gifting for the purposes of Medicaid planning, asset protection, asset preservation, etc. That specific language must be in the document.
We see 9 times out of 10 “limited gifting” in the DIY kits. They are limited only to the amount of the annual exclusion gift, which is currently around $16,000.
When someone enters a nursing home, we have to see if they have the legal capacity to enter a new power of attorney so that they can have their assets protected.
The kits provide for outright distributions. They have generic wills that could cause problems in certain scenarios.
Young adults could end up inheriting 100% of the assets of their parents if they both die unexpectedly, before these young adults are old enough to make responsible financial decisions with that money.
It is not a bad idea to make sure that your children won’t receive the money until they’re older.
Another scenario: Somebody wasn’t anticipating another individual to be disabled. If somebody is disabled and receiving public benefits, they’ve now lost their benefits and they’ve lost the money.
We want to build into our plan special needs trusts, understated age trusts, and fallback provisions so that the money can be protected. These are things we have not seen in a do-it-yourself kit.
22:56 - 23:42
Go to a certified elder law attorney, go to somebody with knowledge and expertise in estate planning and elder law.
Have everything done properly.
Make sure that you are educated.
Do not count on being lucky, make sure that what happened to the Bellomo family doesn’t happen to yours.
For more information, call us at (717) 845-5390
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Ashley Day Special Needs & Elder Law can help you with Special Needs Planing, Estate Planning, Elder Law as well as Probate & Trust Administration.Ashely Day knows the stresses that come for families facing incredibly difficult circumstances even when having a legal plan in place - much less without one. That is why we seek to provide personalized services for individuals or families to help customize estate plans with the options that are right for them, specfically when it comes to special needs and elder care needs.Our office is located in beautiful Fairhope, Alabama. Call 251-277-3377 to find out how we can help.
Jeff is joined today by Craig Milsten. Craig has worked as an assistant District Attorney and the head of litigation at a large general practice law firm. For the last 18 years, he has been with Katherman Briggs & Greenberg (KBG) Injury Law. Craig is an experienced trial attorney and specializes in personal injury claims. Both Craig and Jeff have teenagers who are exceptional performers and musicians. Yorks music communityespecially the York Symphony and the Youth Symphonyhave greatly influenced their children's musical development. You wont want to miss this discussion, which includes the remarkable musical journey of Craigs son, Andy. https://resultsyoudeserve.com/https://www.facebook.com/resultsyoudeserve/?fref=tshttps://www.youtube.com/channel/UCG6oF1dskVt2W5gAMRuh-Hw Apple: https://podcasts.apple.com/us/podcast/from-personal-injury-to-parenting-prodigies-meet-craig/id1634278675?i=1000638521983 YouTube: https://youtu.be/7MqK_9G4Z1k Spotify: https://open.spotify.com/episode/3XUAamw4KNnFQL0QAC6yJA?si=BZ0HkXU_Tayzr6cs6gbnJA
Jeffs guest is Tina Hess, the owner of Good News Consulting. Since 1998, the company has specialized in person-centered dementia care and provided training, consulting, care management, and guardianship services. In 2004, members of the team began serving as court-appointed guardians. With its advocacy, caregiver training, and resources for professionals and families, Good News Consulting continues to profoundly impact the quality and availability of dementia care in our state and communities. The companys website is loaded with wonderful resources. Visit http://www.goodnewsconsulting.com/ and follow us on Facebook at https://www.facebook.com/goodnewsconsulting. To get in touch, call 717-843-1504 or send an email to info@goodnewsconsulting.com.email Apple: https://podcasts.apple.com/us/podcast/empowering-our-communities-the-impact-of-good/id1634278675?i=1000637008895 YouTube: https://youtu.be/l36eAC2E_ME Spotify: https://open.spotify.com/episode/0oqFrT5sUsJ2DTtUSgIDqF?si=YbpjSY-7Q-qs8QmapyIV7g