Advance Directives: New Year, New Chance to Plan

A Will or Trust: Which is Best for You?When it comes to deciding whether a will or trust is best for you, it is important to understand your options and which one is most appropriate for your situation.WillA testamentary will (simply referred to as a will) is a legal document used to transfer an estate to beneficiaries after the death of the testator (the person making the will). Within the will, the testator usually names a personal representative (same as executor) for the estate. A will is revocable (it can be cancelled by the testator) or it can amended by the testator. For a will to be valid in Idaho, it must meet specific requirements under Idaho law. Living TrustsA person, during his or her lifetime, may create a living trust whereby the settlor (the person making the trust), trustee (the person who has legal authority to manage the trust assets) and beneficiary (the person who makes use of the trust assets) are all the same person. After the settlor dies, depending on the trust instructions, the trust assets may be distributed outright, or held within the trust and distributed over time or upon the happening of a specific event. Living Trusts may be appropriate for persons who own real property in more than one state or have a blended family where spouses have children from prior relationships.Testamentary Trusts A testamentary trust is created upon the death of a person as specified in his or her will and holds assets within the trust instead of outright distribution such as when minor beneficiaries reach a specified age or graduate from college, or when a beneficiary is a person with special needs or disability who receives government benefits.A New or Updated Estate PlanWhether a will or trust is appropriate for you depends on your circumstances. If you already have a will or trust, it should be reviewed occasionally to make sure it reflects your current wishes and needs, or if you have relocated from another state, or upon any significant change in your life such as divorce or death of a spouse or beneficiary. This article was written by Donna A. Schuyler, Attorney, who practices in the areas of estate planning, elder law, guardianship and probate. Donna Schuyler Law, PLLC; elderlawboise.com; Phone 208-344-1947

Preserving Assets Amid Rising Long-Term Care Costs: Strategic Resources for Seniors and FamiliesNavigating the financial complexities of long-term care can be challenging for families. A primary concern for many couples is the fear that securing necessary care for one spouse will deplete their shared life savings, leaving the healthier spouse financially vulnerable.Fortunately, strict "spend-down" requirements are not always mandatory. With strategic planning, families can often qualify for state and federal assistance programs while legally protecting their hard-earned assets.1. Medicaid: The Aged & Disabled (A&D) WaiverMany families operate under the misconception that they must completely liquidate their assets to meet Medicaid eligibility thresholds. For example, a couple was recently advised to cash out a sizable annuity and spend the proceeds before applying for assistance. This advice would have left the wife with minimal financial security.By implementing compliant asset-restructuring strategies, the husband successfully qualified for Medicaid within weekswithout liquidating the annuity. This allowed the husband to receive critical care while preserving the couple's primary nest egg. In another instance, a family avoided purchasing an expensive Medicaid Annuity altogether by leveraging asset rules to successfully appeal an initial application denial.Medicaid guidelines regarding income and assets are complex, but they include specific provisions designed to protect the "community spouse" (the spouse remaining at home). Rather than assuming ineligibility, families should consult a skilled elder law attorney who can utilize these rules to accelerate qualification while safeguarding family assets.2. Veterans Benefits: The Aid & Attendance PensionFor wartime veterans and their surviving spouses, the Department of Veterans Affairs (VA) offers the Aid & Attendance program. This benefit provides significant monthly supplemental income to help offset the costs of home health care, assisted living, or nursing home care. For instance, a married veteran paying for long-term care may qualify for up to $2,874 per month.Core Eligibility Criteria: Service Requirement: A minimum of 90 days of active duty, with at least one day served during a recognized period of war. Discharge Status: An honorable or general discharge. Disability Status: A service-connected disability is not required. While the VA enforces strict net-worth and income limits, an initial calculation that exceeds these limits does not mean eligibility is impossible. A VA-accredited elder law attorney can assist families in structured planning to meet these criteria legally.Mitigating Risk through Professional PlanningMisinformation regarding asset limits, look-back periods, and eligibility rules is common. Relying on anecdotal advice from friends or misinformed professionals can lead to costly, irreversible financial errors.Protecting a lifetime of savings requires proactive planning and precise legal execution. Families facing long-term care decisions are strongly encouraged to retain a qualified elder law attorney in Idaho to evaluate their options, maximize available benefits, and secure their financial future.Joshua C. P. Reams, B.A., J.D.Elder Law Attorney, VA AccreditedDavid J. Wilson, J.D., L.L.M., CELABoard Certified Elder Law Attorney  

Most people know estate planning is important, but many put it off because they believe it's something to think about "later." The truth is, estate planning isn't just about deciding what happens to your assets after you're gone, it's about protecting yourself and your loved ones while you're living.A well-prepared estate plan gives you a voice during life's unexpected moments. Documents like a Last Will and Testament, Durable Power of Attorney, Healthcare Power of Attorney, and advance healthcare directives help ensure your wishes are honored if you're ever unable to make decisions for yourself. They also reduce stress and uncertainty for the family members who may suddenly find themselves making difficult choices.Planning ahead also goes hand in hand with home care.As we age or recover from an illness or injury, many people want to remain in the comfort of their own homes for as long as possible. Home care services can provide assistance with personal care, medication reminders, meal preparation, transportation, companionship, and other daily needs that help individuals maintain their independence.When estate planning and home care are considered together, families are better prepared for whatever the future may bring. Having legal documents in place allows trusted individuals to coordinate care, make healthcare decisions, and manage financial matters without unnecessary delays or legal complications. Instead of scrambling during a crisis, families can focus on what matters most, caring for one another.Planning isn't about expecting the worst. It's about creating peace of mind, protecting your independence, and giving your loved ones the confidence to honor your wishes when it matters most.Join Us This Month to Learn MoreIf you've been meaning to start your estate plan or simply want to understand your options, now is the perfect time. Join us at our Aging Well: Planning for the Road Ahead event Thursday, July 30th to learn how estate planning and home care work together to help protect your future. Our team will discuss essential planning documents, answer common questions, and provide practical guidance to help you make informed decisions for yourself and your family.Don't wait for a crisis to start planning. Taking the first step today can make all the difference tomorrow.Reserve your spot today and start planning with confidence.