What To Think About When The Unthinkable Happens

Author

Sechler Law Firm, LLC

For more information about the author, click to view their website: Sechler Law Firm LLC

Posted on

Oct 16, 2023

Book/Edition

Pennsylvania - Greater Pittsburgh Area

I was at a family reunion recently, and I overheard a lady say that one of the challenges of getting old is seeing your parents aging. This lady is probably in her late 50’s and she is the caregiver for her mom, who is in her 80’s, with very serious health problems. 

Speaking with the owner of a relatively large business recently, he said that many of his employees are needing to take time off from work. This is because they are caregivers for their parents. This is a sign of the times, and there are an increasing number of people dealing with these issues.

This One Is For The Caregivers

Most of our presentations and educational content are focused on our clients, whether its retirees in their 60’s or seniors in their 70’s and 80’s. We do estate planning across the generations, but given the increasing number of caregivers taking care of their parents, I wanted to reach out to the caregivers. The title of this blog “What to think about when the unthinkable happens”, refers to what we should think about and do as caregivers, if a parent becomes sick or passes away.

Estate planning is really about the management of control and access. The ‘control’ aspect refers to who is making the decisions, and ‘access’ refers to what is allowed with regard to the finances. If my client has a stroke, or gets dementia, they may have mental faculty issues. As a result, they may not be able to manage their own affairs as they used to. If you notice your parent’s health is declining, as caregivers you need to consider the following:

Power Of Attorney Document

The first thing you need is a document called a financial power of attorney, which shifts control when someone needs assistance. There are essentially two types of Power of Attorney documents:

A springing power of attorney is based on the idea that you sign the document while you have the capacity, so that should anything happen, your child can take over. The problem is that nobody ever admits that they are losing capacity, especially if they have dementia. It then becomes a battle if the child needs to use the power of attorney, to act on behalf of a parent.

The other type is a durable power of attorney, which you sign while you have your mental faculties. However, the document is effective immediately even if your child may not use it immediately. This type of Power of Attorney is preferred in most situations. Since dementia is progressive in nature, there will likely be a gradual decline in a senior’s mental capacity. Over time, the child caregiver will need to take more responsibility to help their parent. Eventually the time will come when the parent cannot manage on their own. This is the time when the durable power of attorney will work, and is the primary way to plan for someone’s incapacity.

Asset Protection Is Important

Another suggestion is to consider doing some asset protection, using an asset protection trust. I recommend these trusts for middle class and upper middle class families who are concerned about long term care expenses. We can work with you to create these trusts. The system in this country often results in seniors going broke if they need long term care. Nursing homes in Pennsylvania cost $180,000 a year and most people can’t afford to pay that. Only when you are broke, can you get Medicaid benefits to pay the nursing home. Medicaid is the only payment source for long term care, and it’s important to understand the rules of Medicaid. One of the rules is that if you have transferred assets to an asset protection trust ahead of time, those assets are protected from long term care costs.

We Can Help You To Find Long Term Care Facilities

If you have a parent who is starting to slip, they may need long term care at a later stage. Please take the time to understand the different types of facilities available to provide care for your loved one. We help our clients with this aspect, and we have a social worker on our team who is familiar with the different facilities. We help people find good care, which I believe is part of doing good estate planning.

Take Care Of Yourself

While you are taking care of a loved one, if you are a caregiver, you must get the resources to help you to take care of yourself. Here is link to a website with information on caregiver resources: https://www.hospiceandpalliativecareofkodiak.org/caregiver-resources. Jennifer who started this company did so after being a caregiver. She realized the many challenges that caregivers face from an emotional standpoint. You are not in this alone and you also need the support.

Losing A Loved One

When we talk about the ‘unthinkable’ happening, we are talking about losing a loved one. Perhaps you’re the executor and you are wondering what you should do first if your loved one passes away. Let me reassure you that there is no legal or financial emergency that needs addressing in the first 48 hours. If you have just lost someone dear to you, allow yourself time to grieve. When it comes to the estate administration process, it is a marathon and not a sprint. This is especially pertinent when it comes to probate cases. Please contact the Sechler Law Firm or your estate planning attorney, to get help with the estate administration process. 

Other Articles You May Like

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. 

The Benefits of Choosing a Memory Care Community for Your Loved One

As our loved ones age, memory-related conditions such as Alzheimers or dementia can pose significant challenges to their daily lives. In these situations, finding a memory care community becomes crucial. These specialized facilities are designed to provide comprehensive care, personalized support, and a safe environment for individuals with memory impairments. In this blog post, we will explore the benefits of choosing a memory care community like Northwoods Memory Care for your loved one, and how it can positively impact their quality of life. Expert Care and Support Memory care communities, like Northwoods Memory Care, have highly trained staff who specialize in memory-related conditions. They possess a deep understanding of the unique needs and challenges faced by individuals with memory impairments. These professionals provide round-the-clock care, ensuring that your loved ones physical, emotional, and cognitive needs are met. From assistance with daily activities to medication management, specialized care plans are tailored to each resident to promote their overall well-being. Safe and Secure Environment Memory care communities offer a dedicated and secure environment, specifically designed to minimize risks and promote independence. Facilities like Northwoods Memory Care prioritize safety measures such as secure entrances, alarmed doors, and 24/7 monitoring to prevent wandering or other safety concerns. Residents can enjoy peace of mind, knowing they are in a protected space that balances independence and safety. Enhanced Socialization and Stimulation Memory care communities recognize the importance of socialization and engagement in improving cognitive function and overall well-being. These communities provide a range of stimulating activities and social programs tailored to the needs and interests of residents. Group activities, outings, and regular social interactions with peers and staff create a sense of community and minimize feelings of isolation. Northwoods Memory Care, for example, offers a variety of enriching activities from physical exercises to crafts, music therapy, and memory-enhancing programs. Specialized Therapies and Services Memory care communities often offer specialized therapies and services designed to address the unique challenges of memory-related conditions. These may include cognitive therapy, reminiscence therapy, and sensory stimulation programs. Trained professionals work closely with residents to enhance their cognitive abilities, improve memory retention, and promote emotional well-being. Additionally, access to various healthcare services, such as physical therapy or occupational therapy, is readily available to ensure comprehensive care. Respite for Caregivers Choosing a memory care community can also provide respite for caregivers who may be struggling to balance their own lives with the demands of caregiving. Knowing that your loved one is receiving specialized care and support allows you to take a break, focus on self-care, and recharge. This can result in reduced stress levels, improved mental health, and better overall caregiving for your loved one.  Opting for a memory care community, such as Northwoods Memory Care, for your loved one can offer numerous benefits. From expert care, a safe and secure environment, and enhanced socialization to specialized therapies and services, these communities prioritize the well-being and quality of life of individuals with memory-related conditions. Additionally, they provide much-needed respite for caregivers, allowing them to take care of themselves while knowing their loved one is receiving exceptional care. When considering memory care options, choose a community like Northwoods Memory Care that puts compassion and personalized support at the forefront to ensure the best possible care for your loved one.

Northwoods Memory Care Suites Providing Compassionate Memory Care

When it comes to memory care, finding a facility that offers exceptional care and a comforting environment is vital for your loved ones. Northwoods Memory Care Suites, located in Blaine, Minnesota, is a facility dedicated to providing compassionate care and creating a home-like setting for seniors struggling with memory-related conditions. In this blog post, we will delve into the story behind Northwoods Memory Care Suites, the passionate couple behind its success, and the exceptional care options they offer. A Journey of Compassion and Care Northwoods Memory Care Suites is locally owned and operated by a dedicated husband and wife team, Kyle and Sherri Lewis. With a combined 45 years of experience in the healthcare industry, their shared commitment to serving those in need has driven them to establish a memory care facility that goes above and beyond for its residents. As Executive Director, Kyle brings his expertise in management and operations, while Sherri, the dedicated Nurse, utilizes her skills to provide exceptional care. Their journeys in senior care led them to a shared passion for helping seniors with memory-related conditions. Together, they have formed a dynamic duo that residents and their families rely on for compassionate care. Creating a Close-Knit Community One of the remarkable aspects of Northwoods Memory Care Suites is the sense of community it fosters. Residents and their families become part of an extended family, where harmony and support thrive. The facility goes beyond providing top-notch medical care, ensuring that a comforting and familiar atmosphere emulates the feeling of home. Preserving Dignity and Joy Kyle and Sherris commitment to the well-being and happiness of their residents is unwavering. They understand the significance of preserving dignity, providing comfort, and creating moments of joy for those living with memory-related conditions. Through their extensive experience and genuine care, they continue to make a profound impact on the lives of the elderly population in Blaine, Minnesota. A Vision of Revolutionizing Care Northwoods Memory Care Suites was born out of a vision to revolutionize how we care for the elderly, especially those living with dementia. Unlike traditional, larger-scale care facilities, Northwoods has thoughtfully and purposefully designed their residence to emulate the warmth and familiarity of home. With a small, home-like setting, residents can feel truly at ease, knowing that Kyle and Sherri Lewis work full-time to ensure they receive the attention and care they deserve. At Northwoods Memory Care Suites, every individual is valued, and their unique life journey is honored. The facilitys mission is to provide a haven where the elderly are treasured, respected, and cherished. Compassionate caregivers understand the importance of each persons life and strive to create beautiful memories for residents. If you are seeking a facility that provides compassionate care and a welcoming environment, Northwoods Memory Care Suites is the answer. Schedule a tour today and experience the difference they can make in your familys life. 

Local Services By This Author

Sechler Law Firm, LLC

Elder Law 20206 State Rte 19 Ste 300, Cranberry Township, Pennsylvania, 16066

At Sechler Law Firm, LLC, our mission is to help families make great plans. A great estate plan is more than just a set of documents. It is a comprehensive and well thought out written strategy on how to deal with lifes unfortunate twists and turns. Our process first provides you with the education necessary to make informed decisions with regard to your planning. Then we put the proper documents and legal framework in place to respond to lifes unfortunate changes.Our Estate Planning law office is headquartered in Cranberry, PA. From this office, we happily serve the residents of Cranberry, Mars, Wexford, Pittsburgh, Butler and the residents of surrounding communities. As one of the regions only Certified Elder Law Attorneys, Tim Sechler and his team often assist families from across Western Pennsylvania.We understand that the pursuit of health, wealth and happiness is the goal of most families. We want you to be able to pursue these goals, or whatever goals you may have, knowing that you have a back up plan if life throws you a curveball like a death, disability or nursing home need. With education as our foundation, we will work with you to make decisions to Shield What Matters Most to you.Practice AreasEstate PlanningCustomized planning doesnt have to be difficult for you. We strive to make the process easy. The first step is to identify your concerns so that we can make suggestions regarding your plan.Elder Law Crisis PlanningA significant percentage of our practice is dedicated to helping families navigate the long term care maze. We help with Asset Protection and eligibility for Medicaid and Veterans Benefits.Trust And Estate AdministrationIf you have lost a loved one, we can help you take the necessary steps to help handle their affairs.Tims estate planning practice is focused on guiding clients through the complicated maze of balancing transfer strategies, wealth preservation, and family values in the planning process.Tim is a Combat Veteran, having served in Afghanistan as a member of the West Virginia Air National Guard. Prior to leaving the military, Tim had attained the rank of Staff Sergeant. His experiences in the military have led him to thoroughly enjoy working with Veterans and their families.Tim received his law degree from Duquesne University School of Law, and his Master of Business Administration from the Duquesne University Donahue Graduate School of Business. He received his Bachelor of Science in Business Administration from West Virginia University, majoring in Finance. Tim is licensed to practice Law in Pennsylvania and West Virginia.Recently, Tim has been seen frequently as a guest on KDKAs Pittsburgh Today Live, and has been quoted in several local print publications. For the last several years, he has been honored to be chosen as a Super Lawyers Rising Star, an award given to less than 2.5% of Tims peers. Tim enjoys educating the public about Elder Law and Estate Planning. He has spoken to thousands of people regarding estate planning and has averaged more than 50 speaking events per year.Tim became a Certified Elder Law Attorney* in 2017. A CELA is more than just an attorney who specializes in the field of elder law. CELAs are committed, through certification, to maintaining and improving their proficiency with continual practice and continuing legal education. Becoming certified in elder law validates a lawyers specialty to handle issues that affect senior citizens.Tim and his wife, Robyn, are raising three beautiful children in their home in Mars, PA.*Certified as an Elder Law Attorney by the National Elder Law Foundation.