Choosing a Guardian for Minor Children is Critical

October 14, 2025

Parents often focus on wills, trusts and financial planning. However, they overlook naming a guardian for their children. Choosing a guardian for your minor children is a critical step. Without this step, a court may decide who raises the child if both parents are unable to do so. While judges consider family ties and the child’s best interests, the decision may not reflect your preferences. Proactive planning provides peace of mind and helps prevent uncertainty during an already challenging time.

Key Considerations in Choosing a Guardian

Guardian selection should not be rushed. Families should weigh a variety of factors before naming someone.

Emotional and Practical Suitability:

The guardian should have the ability and willingness to provide both emotional stability and day-to-day care. Consider their relationship with the child, their parenting style and their values. A guardian’s age and health also matter. While grandparents may love deeply, they may not be physically equipped to raise young children long-term.

Financial Stability:

Raising children is expensive. A guardian does not need to be wealthy. However, they should have the financial means to provide a stable home. Estate planning tools, such as life insurance and trusts, can supplement the guardian’s resources and ensure that children’s needs are met.

Location and Lifestyle:

The guardian’s location may affect schooling, friendships and the child’s sense of continuity. Consider whether relocation would be necessary and assess the potential disruption it might cause. Lifestyle factors, such as work commitments, existing family dynamics, or religious beliefs, should also be considered to ensure alignment with your wishes.

Naming and Documenting a Guardian

Once you have decided on a guardian, it is crucial to make the designation legally binding.

Using a Will or Legal Document:

The primary place to name a guardian is in your will. Without this, the court decides. A clear, legally valid designation ensures your choice is respected. In some cases, you may include alternates if the first choice is unable or unwilling to serve.

Open Communication with Potential Guardians:

Before finalizing the decision, have an honest conversation with the chosen guardian. Confirm that they are comfortable with the responsibility and that they understand your expectations. Discuss practical matters, such as education, healthcare and long-term goals for your children.

The Role of Estate Planning in Supporting Guardians

A guardian’s role is primarily personal and emotional. However, financial structures can ease the transition.

Trusts to Manage Assets:

Appointing a trustee to manage the child’s inheritance allows the guardian to focus on caregiving. The trustee and guardian may be the same person or different individuals, depending on your comfort level. Separating financial and caregiving roles can sometimes reduce conflicts and ensure accountability.

Regular Review and Updates:

Life circumstances change. A chosen guardian may move, experience health problems, or no longer be the best fit. Revisiting your estate plan every few years ensures that the guardian designation remains appropriate.

Why Legal Guidance Is Essential

Guardian selection is a deeply personal decision. However, it also has legal and financial implications. An estate planning attorney ensures the designation is executed correctly and that supporting documents, such as wills, trusts and powers of attorney, work together to provide a safety net for your children.

Choosing a guardian for your minor children is a critical. Consulting an estate planning law firm provides peace of mind that your children will be cared for according to your wishes. If you would like to learn more about guardianship, please visit our previous posts.

Reference: BabyCenter “How to choose a guardian for your child”

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Travelers Need These Estate Planning Documents

September 16, 2025

Let’s face it – emergencies can happen anywhere at any time. Whether you fly frequently for business or occasionally for pleasure, before your next flight takes off, you should have your estate planning and healthcare documents completed. A recent article from Fast Company, “Healthcare docs are the unsung hero of travel season: An estate planning expert and seasoned traveler weighs in,” explains what to do and why. Travelers need these estate planning documents before they travel.

When most people think about their estate plans, they typically consider a last will and testament, funeral arrangements, or trusts. However, healthcare documents are just as critical, even for younger adults. This group of documents includes a Medical Power of Attorney, HIPAA Authorization, Living Will (also referred to as an Advance Healthcare Directive) and any state-specific healthcare documents, such as an MOLST (Medical Orders for Life-Sustaining Treatment) or a DNR (Do Not Resuscitate) order.

These documents serve as a playbook for your care, to be used by loved ones in the event of an unexpected occurrence. You don’t need to be on an airplane to suffer a sudden health event or accident. However, there’s nothing like a turbulent flight to make people wonder if they’ve completed their estate planning.

Everyone has heard the stories from friends and family about someone on a hiking trip who suffers an injury and needs to be airlifted, a college student who becomes seriously ill and has not named a legal guardian. If the right documents are in place, these documents will allow a loved one to act on your behalf, quickly and decisively.

Here’s what you need to do:

Consult with an estate planning attorney and get the process of creating an estate plan, including healthcare documents, started.
Name a healthcare proxy who can speak on your behalf if you’re unconscious or not able to communicate your wishes. Everyone over 18 should have this document.
Protect your documents, whether they are digital or paper. Ideally, you have both. Digital copies of your estate planning and health documents should be stored in a secure location, allowing you or your representatives to access and share them with treating doctors or health insurance companies.
Talk with your travelling companions and your family members. Let them know where your documents are stored and what your wishes are, in case of an emergency.

Travelers need these estate planning documents before they travel. You’d never travel without a passport. Your estate plan, including healthcare documents, deserves the same consideration. You plan your trips well in advance, your planning should include making sure you and your family are prepared for any emergency. If you would like to learn more about essential health and guardianship documents, please visit our previous posts.

Reference: Fast Company (Aug. 19, 2025) “Healthcare docs are the unsung hero of travel season: An estate planning expert and seasoned traveler weighs in”

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Health Care Proxy and Power of Attorney are Essential Tools in your Estate Plan

September 4, 2025

While you may think of a last will and testament when the phrase “estate planning” is used, there are several other documents you need. A health care proxy and a durable power of attorney are essential tools in your estate plan. A recent article in Kiplinger, “I’m an Estate Planning Attorney: These Are the Two Legal Documents Everyone Should Have,” explains what every adult needs to protect themselves and help loved ones during a time of crisis.

An estate plan does far more than simply distribute assets when you’ve died. It also protects your wishes while you’re living, as well as in case of incapacity. Two documents are required: the healthcare proxy and the durable power of attorney.

A health care proxy, sometimes referred to as a Health Care Power of Attorney, appoints someone you trust to receive information about your medical care and make decisions if you are too sick or injured to communicate your wishes. If you recover and regain capacity, you resume the ability to oversee your own health care, and the health care agent can no longer make medical decisions or have access to your medical care.

No one expects to be incapacitated. However, it’s best to be prepared. If you’re scheduled for surgery and are sedated, for instance, you’ll want another person to be able to make decisions for you in case something goes wrong. If you experience a longer medical event, such as being in a coma, your family will be able to make decisions on your behalf.

If there is no Power of Healthcare Attorney in place, your spouse or family members will need to petition the court to name a guardian to be able to make decisions for you. There have been many court cases where a surviving spouse would like to take their loved one off life support, but their parents don’t want that to happen. This is a terrible situation for everyone involved and can be avoided with the right estate planning.

A healthcare proxy may include provisions for a Living Will, which would specify the types of medicine or treatments you would want or not want if you were in a terminal state. For example, you may not want to be kept alive through artificial nutrition or a heart and lung machine if you are in a vegetative state. The living will is your way of communicating your wishes to your family clearly and coherently.

Who you name as your healthcare agent is entirely up to you. A younger person may name a parent, spouse, or close friend as their guardian. Couples often name their spouse or partner, while elderly people are more likely to name an adult child.

If there is no health care proxy named, even a married spouse doesn’t have the legal right to make decisions for you. Once a child reaches the age of legal majority, they are considered an adult, and their parents are no longer the default guardians. When children go to college, they should have a health care proxy in place.

The second critical document is the Power of Attorney. This names a person to make financial and legal decisions on your behalf. Without one, the family will need to go to court to access your accounts, pay bills and maintain the business side of your life.

Even if you don’t care what happens to your possessions after you die, having a health care proxy and durable power of attorney in place will give your family the essential tools in your estate plan to care for you without added burdens when they are needed. If you would like to learn more about health care directives and powers of attorney, please visit our previous posts.

Reference: Kiplinger (Aug. 7, 2025) “I’m an Estate Planning Attorney: These Are the Two Legal Documents Everyone Should Have”

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Including Siblings in Estate Planning for a Child with Special Needs

May 22, 2025

When parents plan for the future of a child with special needs, they often focus on legal and financial tools, like special needs trusts and government benefits. However, one crucial group is usually left out of the conversation: the siblings. Siblings may one day step into caregiving or advocacy roles, formally or informally. They may be expected to help manage a trust, ensure their brother or sister receives appropriate care, or provide emotional support. Including siblings in the estate planning process for a child with special needs creates a foundation for smoother transitions, reduces misunderstandings and gives everyone a clearer sense of their role.

Why Siblings Matter in Long-Term Planning

Siblings are likely to be the longest-standing relationships in a person’s life. As parents age or pass away, brothers or sisters often remain. Even when a sibling won’t serve as a primary caregiver or trustee, they will likely be involved in day-to-day support, communication with care providers, or an emotional anchor.

Nevertheless, siblings are often unaware of their parents’ intentions. They may not understand the purpose of a special needs trust or how decisions will be made after the parents are no longer involved. This lack of clarity can lead to confusion, resentment, or even legal conflict, particularly if siblings are also beneficiaries of the estate.

Opening the Conversation

Including siblings starts with honest communication. Parents should share the basics of their estate plan, explain how decisions have been made and invite questions or concerns. Topics may include:

Who will serve as the trustee or successor trustee of a special needs trust
How resources will be allocated among siblings
What expectations (if any) exist for caregiving or advocacy
How government benefits are being protected through legal planning

This conversation doesn’t need to happen all at once. Instead, family discussions can gradually unfold as siblings mature and understand each other’s needs. The key is ensuring that they feel informed and supported, not burdened.

Legal and Financial Education for Siblings of Special Needs Children

Parents should also ensure that siblings have access to the legal and financial information they may need someday for the family or the child with special needs. This may include providing copies of estate planning documents, explaining the function of the special needs trust, or walking them through how public benefits, like Medicaid or SSI, are affected by financial support.

Naming a sibling as a future trustee, power of attorney, or healthcare proxy without adequate preparation sets them up for stress and potential failure. Parents should consider naming a professional fiduciary or co-trustee to provide support if a sibling is unwilling or unable to serve in these roles.

Creating a Team Approach in Special Needs Planning

Planning doesn’t have to fall on one person’s shoulders. Families often succeed by creating a “care team” approach that includes parents, siblings, professionals and close family friends. Roles can be shared or divided—for example, one sibling might handle legal decisions while another provides social support.

Clear documentation of these roles within estate planning documents and written letters of intent helps ensure consistency if multiple people are involved in the care or oversight of a sibling with special needs.

Strengthening Family Bonds Through Inclusion

Including siblings in the estate planning process for a child with special needs isn’t just a practical decision—it’s an emotional one. It signals trust, values their role and lays the groundwork for cooperation. It also honors the future relationship between siblings, ensuring that love and respect continue even after the parents are gone.

Planning with siblings in mind helps prevent conflict, confusion and unintended consequences. Most importantly, it ensures that people with special needs receive the lifelong support they deserve. If you would like to learn more about special needs planning, please visit our previous posts.

Reference: MassMutual (July 19, 2023) “Living with special needs: The sibling perspective”

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Steps to Avoid Inheritance Issues in Second Marriages

May 13, 2025

Second marriages often bring joy, stability and a fresh start. However, they can also create complicated estate planning challenges. When one or both spouses have children from previous relationships, the risk of conflict over inheritance increases dramatically. Individuals often assume that love and goodwill will prevent disputes. However, without clear legal documentation, misunderstandings, unintentional disinheritance and even litigation can follow. Protecting your spouse and your children—biological and step—requires planning that accounts for family dynamics, legal priorities and financial realities. There are steps you can take to avoid inheritance issues in a second marriage.

Understand How the Law Treats Second Marriages

State intestacy laws (those that apply when someone dies without a will) typically prioritize spouses and biological children. In many cases, if a person dies without a clear estate plan, the surviving spouse will receive a significant share, possibly even everything, leaving stepchildren with little or nothing.

Even with a will, challenges can arise. A surviving spouse may claim an “elective share,” a legal right to a portion of the estate that can override the terms of a will. Children from a previous relationship may be unintentionally disinherited if all assets pass to the surviving spouse, who then distributes them according to their own will, or not at all.

These risks are exceptionally high in cases where only one spouse brought significant assets to the marriage or when there is a considerable age difference, business ownership, or a family history of conflict.

Use Trusts to Protect Both Spouse and Children

One of the most effective tools for second marriage estate planning is a trust. A revocable living trust allows you to maintain control over your assets during your lifetime, while outlining exactly how they should be distributed after your death.

For example, a Qualified Terminable Interest Property (QTIP) trust can provide income to a surviving spouse for life, with the remainder passing to the deceased spouse’s children. This structure protects both parties: the surviving spouse is financially supported, and the children are assured a share of the estate later.

Trusts can also help avoid probate, preserve privacy and reduce the risk of disputes. Unlike a simple will, a trust allows for more detailed instructions and layered planning.

Keep Beneficiary Designations Up to Date

Many assets—like life insurance policies, retirement accounts and bank accounts—pass directly to the person named as a beneficiary, regardless of what’s written in your will. That means an ex-spouse could still receive your IRA if you never updated the paperwork.

Review your beneficiary designations after remarriage to ensure that they reflect your current wishes. In blended families, dividing assets across multiple accounts may be appropriate to benefit both your spouse and children directly.

You should also consider how these accounts fit into your broader estate plan to ensure no one is unintentionally left out.

Communicate Your Intentions Clearly

Estate disputes often stem from unmet expectations. Children may assume they will inherit certain assets, only to learn after a parent’s death that those assets were left to a stepparent. Likewise, a surviving spouse may be surprised to learn that children from a previous marriage are co-owners of the family home.

The best way to avoid this confusion is to talk openly with family members about your wishes. Explain your decisions, address concerns and show how your plan provides for all parties involved. These conversations may be uncomfortable. However, they are often the most effective way to prevent conflict.

Taking these steps to avoid inheritance issues in a second marriage can mean the difference between family harmony and chaos. Putting these intentions in writing with the help of an estate planning attorney ensures that everyone’s rights and responsibilities are legally protected. If you would like to learn more about inheritance and estate planning, please visit our previous posts.

References: CBC News (April 1, 2025) “Director Norman Jewison’s wife cut him off from family, coerced him to change $30M will, lawsuits claimed” and Marriage.com (Oct 12, 2023) “5 Tips to Avoid Inheritance Issues in Second Marriages”

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Estate Planning for Single Dads

April 23, 2025

Estate planning is essential for all parents. However, when it comes to estate planning for single dads, the stakes are even higher. Without a co-parent to step in, ensuring that guardianship, financial stability and legal protections are in place is critical. A well-structured estate plan provides peace of mind by securing an inheritance, appointing a guardian and safeguarding financial assets to protect children in the event of unexpected circumstances.

Choosing a Guardian for Minor Children

For single dads, one of the most important estate planning decisions is naming a guardian for their children. If a father passes away or becomes incapacitated without legal documentation, the court will decide who assumes parental responsibilities. This process can be lengthy, stressful and may not reflect the father’s wishes.

Selecting a guardian requires considering factors such as financial stability, parenting values and the individual’s willingness to take on the responsibility. It is also wise to name an alternate guardian in case the first choice is unable to serve. Once a guardian is chosen, the decision should be legally documented in a will to ensure clarity and prevent disputes.

Creating a Financial Safety Net

Single fathers often bear full financial responsibility for their children, making it crucial to ensure that funds are available for their long-term needs. A life insurance policy is a key tool that provides financial security in the event of an untimely death. The policy’s payout can cover living expenses, education and healthcare costs, easing the financial burden on guardians or surviving family members.

A trust can also help manage assets for children until they reach adulthood. Unlike a simple will, a trust allows the father to specify how and when funds should be distributed. This prevents young beneficiaries from receiving a large sum of money before they are mature enough to handle it responsibly. Naming a trustee ensures that assets are managed according to the father’s instructions and used solely for the benefit of the children.

Establishing Power of Attorney and Healthcare Directives

Incapacity is often overlooked in estate planning. However, single fathers must prepare for situations where they cannot make medical or financial decisions. A power of attorney (POA) designates a trusted person to handle financial affairs if the father becomes unable to do so. This prevents accounts from being frozen and ensures that bills, mortgages and other obligations continue to be paid.

A healthcare proxy, also known as an advance directive, outlines medical treatment preferences in the event of a serious illness or accident. This document ensures that medical decisions align with an individual’s personal values and wishes, thereby avoiding confusion and unnecessary disputes among family members.

Planning for a Child’s Inheritance

Inheritance planning is another critical aspect of estate planning for single fathers. If no legal documentation is in place, assets may be subject to probate, a court-supervised process that can delay inheritance and incur unnecessary costs. A will clearly specifies how assets should be distributed and who should manage the estate.

For fathers with minor children, a custodial account or trust provides additional control over how funds are used. This ensures that money is allocated toward education, housing and daily expenses rather than being mismanaged. By structuring the inheritance properly, fathers can preserve wealth for their children’s future, while minimizing legal complications.

Updating Beneficiary Designations

Many assets, such as retirement accounts, life insurance policies and investment accounts, allow account holders to designate beneficiaries. Single fathers should review these designations regularly to ensure that the correct individuals are listed. Failure to update these documents after major life events, such as a divorce, can result in assets unintentionally passing to an ex-spouse instead of children or other intended heirs.

Beneficiary designations take precedence over wills, making them one of the most important aspects of estate planning. Keeping them up to date ensures that assets pass directly to the designated recipients without going through probate. Estate planning for single dads does not have to be daunting. Work carefully with an experienced estate planning attorney to do it right. If you are interested in learning more about estate planning for single parents. please visit our previous posts.

Reference: Fidelity (July 12, 2024) “Single parents estate planning”

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Self-Employed must take a Proactive Approach to Estate Planning

January 16, 2025

Freelancers and the self-employed must take a proactive approach to estate planning. These types of jobs operate without the safety nets provided by traditional employment. This independence brings freedom. However, it also adds complexity to financial and estate planning. From managing irregular income to protecting business assets, creating an estate plan ensures that your hard work is preserved and distributed according to your wishes.

Unlike salaried employees, freelancers often lack access to employer-sponsored benefits, such as life insurance, retirement plans, or disability coverage. Their business assets and personal finances are frequently intertwined, making careful planning essential to avoid unnecessary complications for heirs.

A well-crafted estate plan for freelancers addresses:

Transfer of business assets or intellectual property.
Continuity of income for dependents.
Minimization of taxes and legal hurdles.

Freelancers and the self-employed must create a plan that considers their unique financial circumstances and provides long-term security for loved ones.

Freelancers often rely on their business as their primary source of income. Without a plan, the value of that business could be lost upon their death. Key steps include:

Appointing a Successor: Identify someone to take over the business or handle its sale.
Creating a Buy-Sell Agreement: Outline how ownership interests will be transferred for partnerships or joint ventures.
Documenting Procedures: Maintain clear records and instructions to help successors understand ongoing operations or intellectual property management.

Freelancers often experience fluctuations in income, which can complicate traditional estate planning strategies. To account for this:

Establish a rainy-day fund to provide a financial buffer for your estate.
Work with an estate planning attorney to identify flexible asset protection strategies.
Consider annuities or investments that provide steady income streams for beneficiaries.

Unlike traditional employees, freelancers must set up their own retirement savings plans. Options include:

SEP IRAs or Solo 401(k)s: Tax-advantaged accounts tailored for self-employed individuals.
Roth IRAs: Flexible savings accounts that grow tax-free, offering greater liquidity for heirs.

Ensuring that retirement savings are properly designated to beneficiaries avoids complications later.

The self-employed often own valuable digital assets like intellectual property, domain names, or online portfolios. These assets must be included in your estate plan to ensure seamless transfer. Create an inventory of:

Login credentials for key accounts.
Ownership documentation for websites or digital products.
Instructions for transferring or licensing intellectual property.

Many self-employed generate income from intellectual property, such as writing, artwork, or designs. An estate plan should specify how copyrights, patents, or trademarks are managed after death. This may include:

Assigning ownership to heirs or beneficiaries.
Creating trusts to manage royalty payments.
Licensing or selling rights to preserve income streams.

The first step to creating an estate plan is drafting a will that distributes assets, business interests and personal property according to your wishes. Without one, state laws determine asset distribution, which can result in unintended consequences. However, there’s much more to an estate plan than just making a will.

Establish Powers of Attorney

Freelancers should designate a trusted person to handle financial and healthcare decisions, if they become incapacitated. Powers of attorney ensure continuity in managing personal and business affairs during emergencies.

Consider a Living Trust

A living trust can help freelancers avoid probate and ensure that assets are distributed efficiently. Trusts are beneficial for managing complex assets, like intellectual property or business income.

Secure Life Insurance

Life insurance provides a safety net for freelancers with dependents by replacing lost income and covering future expenses. Policies should be aligned with your estate plan to ensure that benefits are directed appropriately.

Reach Out to an Estate Planning Attorney

Freelancers should consult estate planning attorneys and financial/tax advisors to create a plan that addresses their unique circumstances. Regular reviews ensure that the plan evolves alongside income, assets, or family structure changes.

Freelancers and the self-employed must take a proactive approach to estate planning. You can ensure your hard-earned legacy benefits your loved ones by addressing business continuity, income fluctuations and digital assets. An estate plan tailored to your needs secures your financial future and provides peace of mind, knowing that your assets and values will be protected. If you would like to learn more about planning for the self-employed, please visit our previous posts.

Reference: American College of Trust and Estate Counsel (ACTEC) (Oct. 19, 2023) “Estate Planning for Freelancers and the Gig Economy”

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Legal Planning is Important for the Sandwich Generation

November 20, 2024

Adults of the sandwich generation find themselves responsible for both their children and their aging parents, an increasingly common situation with struggling youth and a growing elderly population. As someone ages and faces growing health issues, caregivers face increasing workloads, stress and burnout. Legal planning is important for the sandwich generation to reduce uncertainty and make future challenges easier.

The sandwich generation often faces a tricky balancing act. People born in the 1940s and 1950s live longer. However, many are experiencing more health issues than previous generations. According to research from University College London and Oxford University, today’s older adults are more likely to suffer from multiple health problems, such as diabetes or obesity, which complicate their care needs.

At the same time, parents today face new demands from their children, including issues like mental health challenges and children staying in the family home longer due to financial reasons. Caring for both generations can feel like an overwhelming responsibility.

Without proper planning, the emotional and financial costs of caring for aging parents can be enormous. One solution is to work with an elder law attorney to create legal documents and plans that provide peace of mind. These legal plans may include:

Powers of attorney: Ensuring someone can make financial and medical decisions if your parent or loved one cannot.
Health care directives: Ensure that your loved one’s wishes for medical care are respected.
Guardianship and conservatorship: Appointing a trusted person to care for someone who can no longer decide for themselves.

Legal planning ensures that your parents are protected and helps avoid family disputes about who will care for them and how their finances will be managed.

Legal issues can arise unexpectedly for many families if no planning is in place. A lack of legal documents can lead to disputes, confusion and expensive court battles over care. Without proper planning, adult children may end up shouldering the financial burden of their parent’s care and their children’s needs.

Some sandwich generation members face a situation where they care for their children, aging parents and grandparents. This “club sandwich” generation is responsible for four generations, which increases the pressure and makes planning even more critical.

It’s never too early to start planning. Waiting until a health crisis strikes can limit your options. Early planning gives you time to consider your loved one’s future care needs carefully and ensures that their wishes are followed. An elder law attorney can guide you through essential decisions before emergencies, helping you avoid unnecessary stress and financial strain.

An elder law attorney can assist you in making decisions regarding your parents’ long-term care and financial well-being. They can create a customized plan that meets your family’s unique needs, ensuring that everything is in place before significant life changes occur. With the guidance of an attorney, you can focus on spending time with your loved ones instead of worrying about legal and financial details.

Key Takeaways:

Protect your parents’ wishes: Ensure that healthcare and financial decisions align with your loved ones’ preferences.
Avoid family conflict: Legal planning helps prevent disputes over caregiving responsibilities and financial matters.
Plan for health crises: Preparing in advance provides peace of mind and reduces stress during emergencies.
Secure legal authority: Powers of attorney and healthcare directives ensure that trusted individuals can act on your behalf.
Ease financial burdens: Careful planning helps manage care costs and prevents unexpected financial strain on your family.

Are you feeling overwhelmed by caring for both your parents and your children? Legal planning for the sandwich generation is important because it can help you regain control and bring peace of mind. If you would like to learn more about planning for caregivers, please visit our previous posts.

Reference: The Guardian (Oct. 13, 2024) “Guilt, Worry, Resentment: How the ‘Club Sandwich’ Generation Juggles Caring for Parents, Children and Grandparents”

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Proactive Legal Strategies for Cognitive Decline

November 13, 2024

Cognitive decline is a concern many of us may face as we age. However, it’s something to face head-on. Planning for this possibility is not about expecting the worst but being prepared. Whether you or a loved one are already experiencing early signs of cognitive decline or want to be proactive, an elder law attorney can help protect your future. There are some proactive legal strategies for cognitive decline.

According to Assured Assisted Living, the best time to start planning for cognitive decline is before it happens. Working with an elder law attorney can create a legal framework that safeguards your wishes, even if you face cognitive impairment later in life. Above all, the two critical legal tools to leverage are powers of attorney and advance healthcare directives.

One of the most essential legal documents is a durable power of attorney. This document allows you to appoint someone you trust to handle your financial and legal affairs if you cannot do so. Choosing this person ahead of time can prevent court intervention and ensure that your finances remain secure.

In addition to financial matters, it’s important to consider your healthcare decisions in an emergency. By using an advance healthcare directive, you can outline your wishes if you ever become incapacitated. Just because you can’t speak for yourself doesn’t mean you have to lose agency in your care.

Managing day-to-day tasks, such as paying bills or understanding complex legal documents, can become problematic as cognitive decline progresses. For some, the decline may occur gradually, giving time to plan and adjust. For others, it may be more sudden. With a plan in place, your family could avoid the stress of navigating the court system to gain control over your finances or healthcare.

Proactively creating legal protections protects yourself from potential complications, allowing your loved ones to act quickly and efficiently when needed.

If you suspect that you or a loved one may be experiencing cognitive decline, it’s essential to seek medical advice early. As discussed in a recent reflection from an attorney facing cognitive impairment, many health conditions, such as vitamin deficiencies or sleep disorders, can mimic symptoms of cognitive decline. Addressing these issues early can slow or even reverse specific symptoms. If your cognitive decline is more advanced, early diagnosis allows for more effective legal planning.

Building a support team to help manage legal and healthcare issues is essential when planning for cognitive decline. An elder law attorney can assist in preparing the necessary documents to ensure that trusted individuals can step in to manage your affairs, if needed. Having a reliable primary care physician and specialists, such as neurologists or geriatricians, can also help identify health-related concerns early.

Establishing proactive legal strategies for cognitive decline is also about protecting your family. Your family could face emotional and financial strain without the proper legal documents. Legal battles over guardianship, medical decisions, or asset management can be stressful and time-consuming. By acting now, you can help avoid these challenges and ensure that your family is cared for in a way that reflects your wishes.

The future is unpredictable, but your legal plans don’t have to be. Whether you’re already noticing early signs of cognitive decline or want to be proactive, now is the time to meet with an elder law attorney. If you would like to learn more about managing incapacity, please visit our previous posts.

Reference: AssuredAssistedLiving (Sep. 20, 2024) “Legal and Financial Planning and Cognitive Impairment”

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Grandparents Raising Grandchildren need Specialized Estate Planning

October 28, 2024

Grandparents raising grandchildren need specialized estate planning. Navigating these issues can feel overwhelming. A skilled lawyer can help you understand your estate planning options and secure your grandchild’s future.

According to AARP, grandparents responsible for their grandchildren must often establish a legal relationship to care for them fully. Without this, you may face difficulties enrolling them in school, getting medical care, or making important decisions on their behalf. Here are the primary options to consider:

Guardianship: This legal arrangement allows grandparents to decide about their grandchildren’s health, education and welfare. However, it is important to note that guardianship doesn’t always sever legal parenthood and may leave the biological parents with some authority.
Grandparent Power of Attorney: A power of attorney (POA) for grandparents is much more flexible than guardianship. This makes it suitable as a temporary solution. It confers the power to make decisions, such as enrolling a child in school or seeking medical treatment.
Adoption: Adoption is the most permanent option, since it legally transfers all parental rights to the grandparents. Once completed, all legal rights to the child transfer from the biological parents to you.

Each of these legal tools comes with specific responsibilities and levels of authority. Therefore, it’s crucial to consult with an estate planning attorney to choose the best path for your family.

In some states, consent laws allow you to enroll a child in school or access medical care without a formal legal relationship. These laws allow caregivers to sign an affidavit confirming they are the primary caregiver, which may be enough to get the child’s medical services or educational enrollment. However, these laws vary by state, so you must check the rules in your area or consult an attorney.

Many grandparents worry about the financial burden of raising grandchildren, especially without formal legal arrangements. Public benefits are fortunately available for children that don’t require grandparents to have custody or guardianship. Programs such as Social Security benefits, child support, or foster care payments can help ease the financial strain. Your income may sometimes not even be counted when determining the child’s eligibility for assistance.

An article from the Chillicothe Gazette discusses an interview with Southeastern Ohio Legal Services attorney Sierra Cooper, where she covered adoption by grandparents. Among other topics, Sierra discussed how the power of attorney or caretaker authorization could provide a quicker route to gaining legal rights.

Sierra also discussed guardianship and adoption as complex but more permanent options. While the process can be challenging, legal tools are available to provide simple, short-term answers as well as enduring solutions.

Estate planning goes beyond simply caring for your grandchild while you’re alive. A solid estate plan will make all the difference if something happens to you. You can outline a guardian and backup guardian to take over raising them or establish a trust to manage their inheritance.

Grandparents may also want to consider durable powers of attorney and advance healthcare directives for themselves. These documents outline your wishes in case of an emergency.

If you are a grandparent raising grandchildren. or anticipate that you may need to take on this role, it’s essential to have specialized estate planning in place. By acting now, you can protect your grandchildren’s future and ensure that they have the support they need. If you would like to learn more about planning for grandparents, please visit our previous posts.

References: AARP (Aug. 11, 2011) “Raising Grandkids: Legal Issues” and Chillicothe Gazette (Oct. 8, 2018) “Need to help care for grandchildren? Here’s some legal tips”

Photo by Andrea Piacquadio

Category: Guardianship

Choosing a Guardian for Minor Children is Critical

Key Considerations in Choosing a Guardian

Emotional and Practical Suitability:

Financial Stability:

Location and Lifestyle:

Naming and Documenting a Guardian

Using a Will or Legal Document:

Open Communication with Potential Guardians:

The Role of Estate Planning in Supporting Guardians

Trusts to Manage Assets:

Regular Review and Updates:

Why Legal Guidance Is Essential

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Health Care Proxy and Power of Attorney are Essential Tools in your Estate Plan

Steps to Avoid Inheritance Issues in Second Marriages

Estate Planning for Single Dads

Self-Employed must take a Proactive Approach to Estate Planning

Legal Planning is Important for the Sandwich Generation

Proactive Legal Strategies for Cognitive Decline

Grandparents Raising Grandchildren need Specialized Estate Planning

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