Estate Planning During Uncertain Times

Author

Bellomo & Associates

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Posted on

Nov 03, 2023

Book/Edition

Pennsylvania - South Central PA

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It is very easy with everything that is going on in our country and our world right now, to be concerned about the pandemic and start to think about your own mortality and planning. 

While we recommend planning at all times to always be prepared ahead of time, this certainly provides a reminder for us to stop and take a look at our current situation to make sure that we have at least our basics in place.  

Powers of Attorney

Each person should have a financial power of attorney that authorizes another individual to make financial decisions on their behalf in case they cannot.  They could be unable to because of an illness or an incapacitation or simply just not in town, or maybe they are traveling out of the country. 

We cannot stress the importance of having a financial power of attorney in place to avoid the necessity for guardianship.  We have discussed in detail in other blogs and articles about powers of attorney and guardianships, and we would encourage you to please take a further look at those, and why it would become important to have a financial power of attorney in place.

A medical power of attorney is an essential document that authorizes another individual to make medical decisions on your behalf if you are not capable or able to make those medical decisions for yourself.  Although there is a healthcare statute in the state of Pennsylvania that will name the next of kin to be able to make those healthcare decisions in case you cannot, we stress the importance enough of having this document in place to ensure that the people that you want making those decisions can make them without unintended people being named as well. 

When you reach the end-of-life stage it's also important that you have in place a living will.  If the living will is coupled in one single document with a medical power of attorney, that is also considered an advanced healthcare directive.  We recommend having these documents in place to ease the burden on your family.  This will save them from having to make those end-of-life decisions if two qualified physicians put in writing that there is no realistic hope of recovery – that you will always remain end-stage medical or vegetative, comatose, permanently unconscious, or terminally ill. 

There is certainly a lot that goes into the medical definition, but plainly stated, it is imperative to decide for yourself how you would like those decisions to be made rather than to put the burden on a loved one to feel like they have to play God or pull the plug on their family member.  

Review  Your Current Documents, Including Beneficiaries, to Ensure They Meet Your Needs and Desires  

We encourage anyone who has planning in place to not assume that it is up to date or that it is what their current wishes are, things change over time.  It is also important to review all of your beneficiary designations on accounts, such as life insurance policies, annuities, retirement accounts, etc.  Often, the most overlooked item is reviewing the beneficiary designations of an account, and it is probably the most critical thing that can screw up an estate plan. 

Please make it a priority to review your documents to make sure they accurately reflect your wishes.  If you have questions or need to make some changes we would be more than happy to see you at one of our workshops to discuss the different documents and how they can assist you and your family.  We certainly understand if there is any anxiety or stress that you are experiencing but encourage you to be prepared no matter what, which will give you a sense of comfort and security.  If you would like further information about this topic or to learn more about our firm, please visit us at www.bellomoassociates.com or call the office at 717-845-5390.

 

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Estate Plan Check-Ups

Estate Plan Check-UpsEffective estate planning is personal, and its more than just deciding who to leave your assets to once you die.  Effective estate planning  is a comprehensive process that encompasses pre-need planning: health care decisions, financial management, and maintaining a delicate balance between independence and security.  Like your preventive doctor visits, you should regularly check in on your estate plan to ensure it fits your current needs, considers and plans for potential future care needs, and will give effect to your wishes now and in the future. Generally, estate planning involves creating a last will and testament, possibly a revocable trust, possibly an asset protection trust or a supplemental needs trust for a loved one who is unable to manage finances or may be vulnerable to abuse or exploitation.  Estate planning also involves important advanced directives, such as a durable financial power of attorney, a health care power of attorney, and a living will.   Creating an estate plan, or getting my affairs in order, tends to be an item on our to-do lists, for us to get done and move on to the next thing. However, while it may not be something you have to look at every month, or even every year, once your initial estate plan is completed, it is something that needs to be reviewed with some regularity.Most people get an annual physical when they are healthy, not when they are sick. They do this because they want to proactively spot any issues that could cause them to become ill in the future. The same concept can and should be applied when it comes to reviewing and updating your estate plan. Your estate plan may be healthy now, but you want to make sure that it stays that way by checking it regularly, to ensure it fits your needs and family circumstances, protects and provides for you now, and  accomplishes your goals and wishes in the future. Editors Note: This article is for informational purposes only and is not intended to be legal advice.  This article was submitted by Ashley Day, Esq.  Ashley Day Law, LLC.  Reach her at 251-277-3377. 

Nurturing Harmony in Caregiving: Open Communication and Conflict Prevention

Caring for aging parents involves crucial decisions regarding who will provide the necessary care and in what setting. However, these decisions can often give rise to conflicts among family members, particularly when one sibling assumes the role of primary caregiver. Through our work with clients and families, we frequently encounter these stressful and emotionally charged situations, creating a perfect storm for family disputes and distress.Reflecting on recent consultations with families, it becomes apparent that a key factor contributing to conflicts is the failure of aging parents to openly express their wishes and expectations regarding potential scenarios. When parents do not communicate their desires early and consistently, adult children are left to speculate about their parents preferences, leading to differences of opinion and sibling conflicts. To prevent such difficulties, we urge you to initiate conversations with your adult children about what if scenarios and discuss your wishes and preferences openly. This proactive effort can serve as your conflict prevention plan, saving you and your loved ones from engaging in conflict resolution in the future.In situations where a family member becomes a paid caregiver, it is essential to establish a formal caregiver agreement. This agreement serves multiple purposes, including clarifying the financial aspects of the care being provided. By having a caregiver agreement in place, you can prevent misunderstandings and promote a harmonious caregiving environment within your family. It ensures that everyone is on the same page and understands the expectations and parameters involved.Above all, open and honest communication is the key to fostering understanding and preventing conflicts among family members. We strongly recommend engaging in conversations early and frequently to address concerns, preferences, and potential challenges that may arise in caregiving situations. By doing so, you can promote a supportive and respectful environment where everyones needs are acknowledged and considered.At Bellomo & Associates, we believe in nurturing harmony within families facing caregiving challenges. Our experienced team is dedicated to providing comprehensive estate planning and elder law services that cater to your unique circumstances. Start the conversation with your adult children today, discussing your wishes, expectations, and potential what if scenarios. Visit our website to learn more about how we can support you and register for our free educational workshop. Let us help you pave the way for peaceful resolutions and a smoother caregiving journey.

Dealing with Deed Spam Mail

Have you recently purchased a home or made any changes to your propertys deed? Have you received an unexpected letter offering a copy of your deed for a fee? If so, youve likely encountered spam mail.Theres a company known as Land Solutions based in California that sends out Recorder of Deed Notices to individuals with newly recorded deeds. These notices claim that you can obtain a copy of your deed for a service fee of $109.00. Since the transfer of a deed is a matter of public record, they can easily access your name, address, and property information. While what theyre doing may not be a scam, we prefer to refer to it as spam. The truth is, the party responsible for transferring the deed, or even your local recorder of deeds, can provide you with a copy for a small fee or sometimes even for free. Theres no need to pay a separate company for this service.At Bellomo & Associates, many of our clients have received this type of letter, and we are delighted that they reached out to us before paying an unnecessary fee for a document we already possess on their behalf.When you receive such correspondence after making any changes, its crucial to research the company that sent it, reach out to the parties you were working with, and carefully read the fine print. In the case of these specific notices, the fine print typically states that it is not a bill but a solicitation, and you are not legally obligated to pay the amount requested.Together, we can minimize the impact of spam by working collectively and staying informed.  

Local Services By This Author

Bellomo & Associates

Estate Planning 3198 E Market St, York, Pennsylvania, 17402

We Educate so what happened to the Bellomo Family doesn't happen to yours!Our firms mission is to ensure that you and your family never needlessly, painfully suffer. Every team member has a personal story that has brought us here to advocate for you and your family. We want to replace your burden with peace of mind. We have the answers, but more important, we have your back.Bellomo & Associates, LLC advises Individuals and families, business owners, senior citizens, and their families about the estate planning and elder law challenges facing them today. For seniors and their families facing the issues of aging, or for those of any age who wish to protect their familys financial future, we counsel clients and provide solutions on Asset Protection; Specials Needs Trusts; Wills; Trust Design; Medicaid; Estate Planning; Nursing Home Matters; and Estate Administration. For our clients who own businesses, our team assists them with succession planning for their business in conjunction with their estate planning.  We have office locations in York, PA, and Lancaster, PA.We offer FREE workshops!  Our workshops are fun and entertaining ways to learn! We provide you with the information to decide what is right for you. If after attending, you decide we arent the right fit no problem! Youll never feel any pressure from our team.