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What is the worst-case scenario if I don’t plan?
This is a question that was raised to me several years ago by a client, and I answered her question by walking her through what would happen if she did not have a plan, and she became incapacitated from a financial perspective as well as from a medical perspective. I also answered the question about what would happen if she died. My client was married with three children. Her husband had two children of his own, and she certainly loved them and treated them like her own.
Unfortunately, she did not see the need to do planning ahead of time, and the worst-case scenarios that I set forth for her are exactly what happened. She became incapacitated a few years later and had a stroke. While she was in the hospital, her children and her husband were disagreeing about the healthcare decisions that should be made on her behalf. To further complicate things, the stepchildren showed up at the hospital also arguing that they should be involved in the decision process.
There is a healthcare statute in the Commonwealth of Pennsylvania that does provide the next of kin and who would make healthcare decisions, but, ultimately, the hospital did not want the husband and his children along with the stepchildren to be fighting in the hospital, so they asked them to go to a guardianship hearing and have a judge adjudicate who would be the guardian of her healthcare decisions. There were a decent amount of assets in her name alone, and, unfortunately, the husband was not able to access them because she did not have financial power of attorney in place.
He went to the bank trying to explain the situation but, ultimately, was told that he had to obtain a guardianship Order from the Court to be able to make decisions on behalf of his wife. The husband ended up in court fighting with his children that he had with his wife along with his children to another relationship, fighting over who should be granted guardianship of her. He ultimately won after having to hire an attorney and spent thousands of dollars in legal fees.
She passed away and did not have a Will in place. I think everybody, including her and him, incorrectly believed that the husband would get 100% of the assets. I did explain to her the worst-case scenario under the Pennsylvania Intestate Succession Statute that the husband would be forced to get the first $30,000 and then have to split the remainder with the children that he had with his wife. Because of all of the strained relationships that occurred under the fighting that they had in the hospital and the Courtroom, tensions were high, and they did not get along. The husband was devastated to learn that he only got the first $30,000 and one-half of the remainder. He asked his kids to please gift the money back so that he could have it to live the rest of his life, and they laughed in his face and kept the money that they were entitled to under the statute.
Unfortunately, this scenario is far too common. As an estate planning and elder law attorney, I tend to live in the worst-case scenario world because that is what typically happens. If you plan, you avoid all of these circumstances and situations from arising. If you do not plan and you allow yourself to be subject to the government or the state’s rulebook, it may not go the way that you want it or the way that your family wants it.
I think often about that day when I met with her and discussed the worst-case scenario. I didn’t scare her enough or do enough to make her realize how devastating that could be for her family. I am saddened over the tension in the relationship now with the entire family and know that I could’ve easily eliminated all of those fights and arguments and the need to go to Court and spend thousands of dollars of money. My goal now is to show the worst-case scenario and hope that it hits home with at least one person who will get their planning in place ahead of time so that this does not happen to them.
If you would like to learn more about how you can plan properly to avoid these and many other complications, please give our office a call at 717-844-9218.
Planning for the future is one of the most important things we can do to protect our families and preserve our legacy. In Denver, Colorado, where an increasing number of older adults are choosing to age in place or relocate for quality senior services, estate planning is a critical component of preparing for the next stage of life.Whether you're thinking about creating a will, assigning a power of attorney, or setting up a trust, understanding the basics of estate planning and how to get started in the Denver area can bring peace of mind and lasting benefits for your loved ones. What Is Estate Planning?Estate planning is the process of arranging and organizing your assets and healthcare preferences so that your wishes are clearly documented and legally enforceable. It involves creating key legal documents such as:A Last Will and TestamentA Living TrustPowers of Attorney for healthcare and financesAdvance Directives and Living WillsGuardianship designations for minors or dependentsThese tools ensure your wishes are carried out in the event of illness, incapacity, or deathwhile also easing the burden on your family members. Why Estate Planning Matters for Denver SeniorsDenver is home to a thriving and diverse senior population. As more individuals reach retirement age, estate planning becomes a vital part of preparing for long-term care, managing assets, and reducing the legal complexities families may face after a loved one passes.Heres why estate planning is especially important in Denver:Protecting Your Assets: Rising home values and diverse investment portfolios in Denver mean many seniors have more to protect. Estate planning ensures those assets are passed on according to your wishes.Planning for Health and Care: Denver offers a wide range of healthcare and senior living options. By including medical directives in your estate plan, you can ensure your preferences for care are honored.Reducing Stress for Loved Ones: Clear estate plans reduce confusion and family disputes while helping loved ones manage your affairs efficiently and legally. Estate Planning Resources in DenverEstate planning doesnt have to be overwhelming. The Denver metro area is rich in resources to help seniors make informed decisions, including elder law attorneys, financial advisors, and nonprofit legal services. It's important to work with professionals familiar with Colorado estate laws.You can start your search for local estate planning support and elder law services here:Denver Senior Resources Directory Legal & Financial Services for Denver Seniors Getting Started with Estate Planning in ColoradoIf you're new to estate planning or revisiting your documents after a life change, here are a few steps to get started: Take Inventory of Your Assets: Include property, investments, retirement accounts, insurance policies, and personal belongings. Define Your Wishes: Decide who should receive your assets, who will make decisions for you if you're unable, and what kind of medical care you want. Consult with a Professional: An elder law attorney or estate planner can help you understand state laws and create a legally sound plan. Keep Documents Updated: Revisit your estate plan every few years or after major life events such as marriage, divorce, or the birth of a grandchild. A Final Word: Peace of Mind Through PlanningEstate planning is one of the greatest gifts you can give to your loved ones. It ensures your legacy is protected, your healthcare choices are honored, and your family is supported during lifes most difficult transitions. If you or a loved one are considering estate planning in the Denver area, take advantage of the trusted resources offered by Seniors Blue Book. We are here to help you navigate the journey with clarity and confidence.
Pennsylvania Link is not just a program; it's a movement committed to improving access to long-term care supports through an integrated network of partners dedicated to expanding community-based solutions. With a focus on promoting consumer-directed decision-making, enhancing efficiency, and elevating the quality of service, Pennsylvania Link is transforming the landscape of care for residents across all 67 counties. The Aging and Disability Resource Centers (ADRC), also known as PA Link for Pennsylvania, is designed to offer a seamless approach for seniors and adults with disabilities seeking assistance with activities of daily living. PA Link is not just a service provider; it's a lifeline for those navigating the complex terrain of care services. PA Link has woven a web of collaborative Partners with local professionals and organizations, to improve the navigation of care services. This integrated network ensures that individuals receive the support they need, regardless of age, physical/developmental disability, or ability to pay. Through cross-training and information sharing, PA Link is breaking down barriers, reducing duplication, and responding to the diverse needs of its community. No Wrong Door: A Statewide Gateway to Assistance PA Link provides a lifeline for those seeking assistance through its free statewide number 1-800-753-8827. Trained counselors stand ready to guide residents through identifying services, determining eligibility, and seamlessly navigating the application process. It's a "no wrong door" approach, ensuring everyone has a clear and direct path to the information and support they need. Personalized Pathways with Person-Centered Counseling In addition, PA Link offers Person-Centered Counseling (PCC). This free counseling and assistance program takes a detailed approach, crafting plans tailored to individual needs, values, and preferences. PCC sets dates, deadlines, and follow-ups to ensure success, making it a beacon of support for those in need. Join the Movement: Pennsylvania Link Pennsylvania Link to Aging and Disability Resource Centers has helped thousands with their seamless and thoughtful approach to finding care and resources! All PA Link services are FREE and anyone can call! To see how PA Link can assist you or to join the initiative, visit the PA Link Website at https://berkslancasterlebanonlink.org/, or call the statewide PA Link Call Center at 1-800-753-8827.
Why Hire an Elder Law Attorney? Elder law attorneys specialize in estate planning, incapacity planning, and end-of-life care for seniors, helping them remain in their homes and protect against abuse. They are essential in planning for the future and addressing the needs of a vulnerable population. How Can an Elder Law Attorney Help? Long-Term Care Planning: As the number of Americans over 65 is projected to exceed 80 million by 2040, planning for long-term care is increasingly important. Elder law attorneys assist seniors in creating financial plans to cover essential needs like food, rent, and medical care. They also guide clients in applying for public benefits such as Medicaid and Medicare. Housing: Many seniors wish to age in place. Attorneys can represent clients in landlord-tenant disputes, helping them navigate issues like city ordinance violations. They also protect seniors against housing discrimination under the Fair Housing Act. Estate Planning Document Preparation: Elder law attorneys draft critical documents such as wills, health care directives, and powers of attorney, ensuring that seniors rights are protected regarding retirement benefits and medical decisions. A solid estate plan reduces family stress and potential inheritance disputes. Incapacity Planning: Attorneys can help document care wishes for seniors facing disabilities or conditions like dementia. With the rising number of Alzheimers cases, having a plan for incapacity is vital for protecting financial and physical well-being. Guardianship: In cases where an older adult cant make decisions due to conditions like dementia, attorneys assist family members in securing guardianship, which involves legal proceedings and court hearings. They can also advocate for the seniors autonomy by exploring alternatives to full guardianship. Combating Elder Abuse: Elder abuse is a significant public health issue, affecting one in six adults aged 60 and older. Elder law attorneys are well-versed in the rights of seniors and can provide legal recourse against abusers while implementing safeguards like advance directives to protect against financial exploitation. By addressing these diverse needs, elder law attorneys play a critical role in supporting the aging population and ensuring their rights and well-being are protected. 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. Reach her at 251-277-3377.
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.