Why and when you need an estate planning/elder law attorney in California

Top reasons why you may need an estate planning or elder law attorney:

  1. To keep more of your assets and money for your family than for the government or attorneys
  2. To have peace of mind that your family and all you have worked for is protected
  3. To avoid the state’s plan for the passing of your estate (probate) because it is complex, difficult, expensive, and time-consuming, and you want to make sure you don’t put your family through it
  4. To acknowledge that your needs will change as you age, and it takes critical planning to ensure that you and your family are cared for as you grow older
  5. Because the government (through Medicare/MediCal/Medicaid) will not be sufficient for your long-term care, and you know that an attorney can help you to evaluate your options to make sure you are protected

Top reasons when you may need an estate planning or elder law attorney:

  1. Your estate becomes worth $150,000 or more (not including debt) or you’ve just had a child.
  2. Your loved one has been diagnosed with dementia or Alzheimer’s
  3. You are worried that you do not have a plan in place for your estate and family after you’re gone – everyone needs a plan, regardless of age, estate size, or family composition
  4. You are concerned about your or your loved one’s ability to cope with rising costs, continue to pay bills, or provide for ongoing medical care
  5. Your child has just turned 18 and as an adult, needs his or her own Powers of Attorney to ensure that the correct person can act for them in an emergency.

Do you have any of these concerns? If so, call us at 925.307.6543 or schedule an appointment online using the link to the right. We look forward to meeting you!

When your loved one can no longer care for themselves: California conservatorships, Part I

It seems to me that recently I have been inundated with questions about conservatorship in California.  In the Bay Area, much like the rest of California and the United States, there are a large number of aging Americans, including the Baby Boomers, who are getting into their 60s & 70s.  But most of these inquiries have a lot of confusion and misunderstanding about what a conservator is, when it is possible or appropriate to get, why it’s necessary, who can file for one, and what the general process is.

So, let’s start with the basics.  As we age, many of us will gradually slow down. Perhaps this starts with using the stairs in our house less frequently, and maybe progresses to driving less at night.  Our muscles become weaker, our senses a little duller.  We may get a hearing aid for when we’re out in public.  These are all normal ‘symptoms’ of aging.  As we continue to get older, some of us may have cognitive, or mental, decline as well.  This is more than just forgetting where you’ve put your glasses or keys.

At some point, for some of us as we age, we become no longer able to take care of our own finances and our own health.  We can’t pay the bills, remember to take our medication, or even maintain basic hygiene.  Adult children can spot these issues when they see unpaid or overdue bills lying around the house.  Perhaps a caregiver is noticing and reporting the concerns about hygiene or unusual behavior.  Maybe you are talking to an assisted living community about moving your parent in, and they are concerned about your parent’s mental capacity.

Based on your concerns, you may wish to be the one who makes the financial and medical decisions on behalf of your parent.  It may, in fact, be necessary because your loved one has signs of dementia, paranoia or hostility that make them completely unable to care for their own needs.

If you and your loved one have acted in advance, then you may have a power of attorney that will allow you to make the necessary decisions.  In California, there are two kinds of powers of attorney: one for finances and one for medical care.  An individual who signs a power of attorney must be competent to do so, so if you are in a situation where your loved ones is already mentally compromised, or refuses to cooperate to sign one, then a power of attorney is not an option for you.

This is another reason why advance planning is so critical.  If you wait too long and are unable to get your loved one to sign a power of attorney, then you will need to go through the court process of a conservatorship to obtain decision-making power over your loved one’s finances, medical decisions, or both.  Next time we will talk about the conservatorship process. Want more specific information? Use the link at the right to make an appointment with us.

Talking to your parents about estate planning: how to do it and when to do it

Many of my clients ask me how they can talk to their parents about estate planning. Either they are doing their estate plan and want to make sure their parents are properly protected, or they are learning about the importance of estate planning, and just want to make sure their parents know what they need to do. I’ve talked about this before in a similar article, but I wanted to provide a new perspective to go along with the older article.

First, you are coming from a place of concern rather than a place of greed (“Hey Mom, what am I going to get?!”). You know that they don’t want to put themselves into a situation where they are not taken care of in the way that they want to (for example, if they don’t have proper powers of attorney in place). You know that they want to do all they can to help you and your siblings and/or their grandchildren. You know that they are probably concerned about leaving a legacy to their family and to the world. While we don’t think about this much when we are younger, nearly all older adults worry about leaving a legacy. Part of my estate plans with all of my clients, from Palo Alto to San Rafael, includes a place to record not just where the finances go, but how the important personal items are distributed, passing down important genealogical, medical, military and personal histories. You know your parents want to do this, so you want to make sure they know how.

Second, parents will always be parents to their children, so you can bet that they want to continue to take care of you as much as possible, even after they are gone. The probate process, which is what will happen if an estate (in California is worth $150,000 – not taking debt into account) passes without a living trust, is a burden on you and your siblings. It’s time-consuming, expensive, and adds an incredible additional burden to you at their death, which will be hard enough as it is. By encouraging your parents to create an estate plan, you are helping them to continue to take care of you after they are gone, which is what all parents want.

A great time to discuss estate planning is (1) now, since you’ve read this article (send them the link! Isn’t your mom always sending you newspaper clippings? I know mine is…), or (2) when you do your own estate plan. Talking about your experience can be a great conversation starter.

It doesn’t have to be a tough conversation, but it is a necessary one.

Why and when you need an estate planning/elder law attorney

Top reasons why you may need an estate planning or elder law attorney:

  1. To keep more of your assets and money for your family than for the government/attorneys
  2. To have peace of mind that your family and all you have worked for is protected
  3. To avoid the state’s plan for the passing of your estate (probate) because it is complex, difficult, expensive, and time-consuming, and you want to make sure you don’t put your family through it
  4. To acknowledge that your needs will change as you age, and it takes critical planning to ensure that you and your family are cared for as you grow older
  5. Because the government (through Medicare/Medical/Medicaid) will not be sufficient for your long-term care, and you know that an attorney can help you to evaluate your options to make sure you are protected

Top reasons when you may need an estate planning or elder law attorney:

  1. Your estate becomes worth $150,000 or more (not including debt)
  2. Your loved one has been diagnosed with dementia or Alzheimer’s, or is becoming unable to manage their affairs
  3. You are worried that you do not have a plan in place for your estate and family after you’re gone – everyone needs a plan, regardless of age, estate size, or family composition
  4. You are concerned about your or your loved one’s ability to cope with rising costs, continue to pay bills, or provide for ongoing medical care

Do you have any of these concerns?

Why and when you need an estate planning/elder law attorney

Top reasons why you may need an estate planning or elder law attorney:

  1. To keep more of your assets and money for your family than for the government/attorneys
  2. To have peace of mind that your family and all you have worked for is protected
  3. To avoid the state’s plan for the passing of your estate (probate) because it is complex, difficult, expensive, and time-consuming, and you want to make sure you don’t put your family through it
  4. To acknowledge that your needs will change as you age, and it takes critical planning to ensure that you and your family are cared for as you grow older
  5. Because the government (through Medicare/Medical/Medicaid) will not be sufficient for your long-term care, and you know that an attorney can help you to evaluate your options to make sure you are protected

Top reasons when you may need an estate planning or elder law attorney:

  1. Your estate becomes worth $150,000 or more (not including debt)
  2. Your loved one has been diagnosed with dementia or Alzheimer’s
  3. You are worried that you do not have a plan in place for your estate and family after you’re gone – everyone needs a plan, regardless of age, estate size, or family composition
  4. You are concerned about your or your loved one’s ability to cope with rising costs, continue to pay bills, or provide for ongoing medical care

Do you have any of these concerns?