Plan Now So Guardianship is not Necessary

Estate Planning Advice
for Every Stage of Life.

Plan Now So Guardianship is not Necessary

Here’s a scenario that some family members sadly face: They contact their estate planning attorney to explain that an elderly relative is no longer able to care for himself or herself. Perhaps the family members just went to visit the loved one and found filthy living conditions, bills piled up, and little food in the home.

“We want to be able to help,” they tell the attorney. “What can we do?”

The attorney asks: “Do you have a power of attorney so you can handle financial matters or a power of attorney or health care proxy so you can make medical decisions?”

Unfortunately, the elderly relative never got around to executing those documents.

Because no one has a power of attorney or health care proxy, the family can turn to a court to have someone appointed as a guardian. (In some states, guardians are called “guardians of the person” who handle personal issues or “conservators” who handle financial issues.) If desired, there can be more than one person appointed — one to handle financial matters and another to handle health care issues.

But the guardianship process can be time consuming, contentious, and expensive. It should be seen as a last resort after less drastic measures are examined.

Here are the basics of what happens when an individual wants to be appointed a guardian.

Before petitioning the court for guardianship, family members (or in some cases, concerned third parties) need to compile some documentation that shows the individual “lacks capacity” to care for him or herself. The process generally involves an evaluation from one or more physicians and other medical professionals, as well as sworn statements from witnesses and other written documentation. This evidence will be used in an attempt to prove to the court that the person is incapacitated.

Next, a petition is filed with the court. The individual (sometimes called a potential “ward”) and other interested parties will be served with a summons or given notice of the proceeding. An incapacity hearing will be held to present the evidence. The potential ward has the right to an attorney and he or she (as well as other interested parties) can dispute the evidence.

Ultimately, the court will decide:

      • If the individual is incapacitated;
      • Who will serve as guardian; and
      • What the responsibilities of the guardian will be.

The process can take weeks or months. (The family may be able to get an emergency guardian appointed on a temporary basis.) The court costs and legal fees can be expensive.

The court will examine the guardian’s ability to be trusted to make either financial or health care decisions — or both.

In some states, there are requirements to become a guardian. For example, a criminal background check may be required and a guardian may have to take a class after appointment to learn about the responsibilities. The guardian may need to be a state resident or a lineal descendant.

What if more than one person wants to serve as a guardian? In these cases, the court decides who is best suited for the position.

After an appointment is made, the guardian is monitored by the court and generally must file periodic reports. The guardian or guardians must make decisions about where the ward will live, what kind of medical care should be administered, and how finances should be handled.

This is a basic overview of the process. There are different types of guardianship and the exact procedures depend on state law.

Petitioning for guardianship is usually a difficult and painful decision. The elderly loved one may be angry about the decision and the loss of independence. In those cases, the proceedings can become adversarial.

How Can You Avoid this in Your Family?

In order to avoid court intervention, you should have certain legal documents drafted as soon as possible (see right-hand box). Choose the person(s) you want to make financial and health care decisions on your behalf. Having these documents in place is an inexpensive alternative to going to court for guardianship. Once a person is incapacitated and unable to make responsible day-to-day decisions, it is too late to get these routine documents drafted.

A guardian or conservator appointment can cost 10 times as much (or more) as getting the alternative documents executed. This is truly an example of why it is better to plan in advance, rather than waiting until a situation is out of control.

PERKINS & ZAYED, P.C.
1745 South Naperville Road, Suite 100
Wheaton, IL 60189
Phone: 630-665-2300 | Toll Free: 877-TRUST-50
Fax: 630-665-4343
Email: admin@trust-lawgroup.com
The information contained on this website is for informational and educational purposes only and is not legal, tax or financial advice. Always consult a qualified licensed attorney and/or appropriate professional to provide advice for your individual needs and circumstances. Use of this website does not create or constitute an attorney-client relationship. This website may include advertising material for Perkins & Zayed, P.C., The Estate and Trust Law Group. 

What are the Powers of a Guardian?

Estate Planning Advice
for Every Stage of Life.

What are the Powers of a Guardian?

When loved ones become mentally incapacitated they may need a court-appointed guardian to handle their personal health care and financial needs.

That can be avoided if the individuals execute a durable power of attorney and a health care proxy before becoming incapacitated. But sometimes people fail to do that. A court-appointed guardian has powers to make many decisions on behalf of the individuals. In effect, the guardian steps into their shoes. The powers guardians have generally include:

Property Management

1. Collecting all income, including but not limited to Social Security, dividends and interest as well as dealing with pensions, retirement accounts such as IRAs, SEPs and similar types of plans and annuities.

2. Endorsing, collecting, negotiating, depositing and withdrawing Social Security, Veterans Administration, and negotiable instruments.

3. Handling all banking transactions, including setting up checking and savings accounts and certificates of deposit.

4. Accessing safe deposit boxes, vaults, safes, confidential financial records, reports and statements.

6. Applying for government and private benefits.

7. Claiming, negotiating, obtaining and settling claims and actions for government entitlements and benefits.

8. Acquiring and maintaining Medicare as well as dealing with Medicare and Medicaid claims, litigation and settlements.

9. Preparing and submitting applications for medical assistance and any required documentation.

10. Filing and signing tax returns and dealing with federal, state, and local tax authorities on claims, litigation, settlements and other matters.

11. Making and implementing tax-savings decisions.

12. Marshaling the person’s assets and investing them prudently and intelligently. Seeking  reasonable income and using as much of the income and principal as necessary for the person’s comfort, support, maintenance and well-being.

13. Providing for the person’s maintenance and support.

14. Applying assets toward the cost of appropriate care at a long-term care facility.

15. Paying or prepaying funeral expenses.

16. Settling bills after death, if the debts were incurred before death and the authority to pay such bills would otherwise have existed, until a temporary administrator or an executor is appointed.

17. Retaining attorneys, accountants, investment advisers and similar professionals to handle property and other affairs and paying them subject to court approval.

18. Applying for, paying and handling all claims and settlements including insurance transactions.

19. Handling estate transactions.

20. Defending or maintaining any civil judicial proceedings.

Personal Needs

1. Making decisions regarding the general environment and other social aspects of life.

2. Determining whether the person should travel.

3. Consenting to or refusing medical or dental treatment.

4. Choosing the person’s place of residence.

5. Accessing and disclosing medical and confidential records. In terms of finances or personal needs, the guardian can also take any other actions the court deems appropriate to meet the individual’s needs.

Clearly the guardian has considerable discretion, which is why the court usually requires an initial report of the incapacitated person’s finances and an annual accounting after that.

Despite the extensive list of powers, there are certain actions guardians cannot take. For example, they cannot transfer a person’s assets into their own names, nor can they borrow money from the person or make risky investments.

It is not easy being a guardian. There may be contention in a family as to who will be the guardian and many people find the job too difficult. With court oversight, the job can become cumbersome and the time and effort required can make it stressful, especially when the court requires detailed records of money spent on food and clothing and other activities.

However, most family members believe it is their moral obligation to help their loved ones.

If you feel someone needs a guardian, speak to your attorney, who can prepare a guardianship petition and assist with other matters.

To avoid having an individual become a guardian for you in the event you become incapacitated, have your attorney draft certain legal documents as soon as possible. Choose the person you want to make financial and health care decisions on your behalf. Having a financial power of attorney and a health care proxy in place will save your loved ones the burden and expense of going to court for guardianship. Once a person is incapacitated and unable to make day-to-day decisions, it is too late to get these routine documents drafted.

 
PERKINS & ZAYED, P.C.
1745 South Naperville Road, Suite 100
Wheaton, IL 60189
Phone: 630-665-2300 | Toll Free: 877-TRUST-50
Fax: 630-665-4343
Email: admin@trust-lawgroup.com
The information contained on this website is for informational and educational purposes only and is not legal, tax or financial advice. Always consult a qualified licensed attorney and/or appropriate professional to provide advice for your individual needs and circumstances. Use of this website does not create or constitute an attorney-client relationship. This website may include advertising material for Perkins & Zayed, P.C., The Estate and Trust Law Group. 

How to Choose the Appropriate Respite Caregiver

Estate Planning Advice
for Every Stage of Life.

How to Choose the Appropriate Respite Caregiver

Respite care: Short-term services for elderly and disabled people so their primary caregivers get a break.

Providing care for an aging parent or relative can be an all-consuming task, especially if it involves dealing with serious illnesses. Even patient and loving caregivers need to rest and rejuvenate on occasion.

In fact, studies have shown that taking regular breaks is important for the health of caregivers. The U.S. Department of Health and Human Services (HHS) notes that the demands involved hurt “the health of caregivers, resulting in more vulnerability to infectious diseases, such as colds and flu, and chronic diseases, such heart disease, diabetes, and cancer.” In addition, symptoms of depression are twice as likely among caregivers as among the general population, according to HHS.

Respite care is designed to provide temporary relief for families caring for aged loved ones with chronic illnesses. The care comes in three basic types:

Round-the-clock care, which is generally provided by assisted-living facilities or nursing homes. It is your best bet if you need overnight, weekend or extended care. Families often turn to this option to provide time for vacations or to travel to weddings, reunions and other functions. However, not all assisted-living operations and nursing homes offer short-term stays.

If you opt for a round-the-clock option, find out if a provider is licensed and check with your state attorney general to see if any complaints have been lodged against the assisted-living or nursing home facility.

Adult daycare is popular with caregivers who hold down jobs. (More than 50 percent of caregivers are employed full time, according to the HHS.) Adult daycare provides supervision during the day, along with companionship and stimulation outside the home. Some programs also offer therapeutic activities, such as light physical exercise or art classes. Others are tailored specifically to populations suffering from Alzheimer’s disease or dementia.

If you choose to go the adult daycare route, look for a quality program that:

      • Conducts an individual-needs assessment before care begins to determine your relative’s specific needs.
      • Provides an active program that meets the social and recreational needs, as well as health care needs of your loved one.
      • Offers a full range of in-house services, including transportation, medical screening, and educational programs.
      • Provides a safe, secure environment with well-trained staffers or volunteers.

In-home care services are available in most parts of the United States if an elderly person is too sick or frail to go out. The advantage of in-home programs is that they frequently include a wide range of services, such as health care, entertainment and personal care. They also allow your relative to develop a relationship with a specific provider, or team, which provides continuity of care.

Make sure the company is licensed. Then, check the credentials of the company’s caregivers. Is care provided by a nursing assistant, or a licensed practical nurse who is trained to handle more serious medical situations?

Other questions you can ask:

      • How long has the company been in business?
      • What services are offered?
      • Will the company give you treatment and progress updates?
      • What type of training do care providers receive?
      • What is the company’s policy for dealing with emergency situations and facilitating back-up care if a regular caregiver is sick or on vacation?
      • What is the cost and how is payment handled?

To help decide which respite care option is appropriate, assess your relative’s needs. Examine what his or her daily (and sometimes hourly) health care requirements are and how much of a break is needed. Also, take into consideration social needs, meaning the need for human contact and mental stimulation.

Obviously, the care you arrange for your loved ones is a delicate decision. Using the steps and the resources outlined in this article can help you make the best possible choice.

PERKINS & ZAYED, P.C.
1745 South Naperville Road, Suite 100
Wheaton, IL 60189
Phone: 630-665-2300 | Toll Free: 877-TRUST-50
Fax: 630-665-4343
Email: admin@trust-lawgroup.com
The information contained on this website is for informational and educational purposes only and is not legal, tax or financial advice. Always consult a qualified licensed attorney and/or appropriate professional to provide advice for your individual needs and circumstances. Use of this website does not create or constitute an attorney-client relationship. This website may include advertising material for Perkins & Zayed, P.C., The Estate and Trust Law Group. 

When Can In-Home Care be Deducted as a Medical Expense?

Estate Planning Advice
for Every Stage of Life.

When Can In-Home Care be Deducted as a Medical Expense?

The U.S. Tax Court provided some insight into the question of the deductibility of in-home care of a disabled individual. The case involved an elderly woman with dementia who stayed in her home with assistance from caregivers, rather than live in a nursing home. The IRS disallowed medical expense deductions and the taxpayer’s estate took the matter to court.

As people age, they may need full-time care. It could be on a short-term or long-term basis and it could be in-home rather than a nursing facility. In one case, the U.S. Tax Court overruled the IRS and allowed amounts paid to a decedent’s caregivers as a medical expense deduction.

Facts of the case: Lillian Baral died at the age of 92. Her brother, David, handled her personal and financial affairs under a power of attorney during the last years of her life.

Baral’s primary care physician during a six-year period diagnosed her as suffering from dementia. Medical records showed she was not compliant taking her prescription medicines. Following one hospitalization, she was evaluated to determine if she was taking her medications and whether it was safe for her to live alone in her New York home. A medical summary indicated:

    1. Baral’s ability to communicate orally was impaired.
    2. She was confused.
    3. Assistance was required with activities of daily living.
    4. She required supervision due to her memory deficit.
    5. She was at risk of falling and, therefore, could not be left alone, and
    6. Baseline homecare services were required. The doctor determined Baral required assistance and supervision on a 24-hour basis for medical reasons and for her safety.

Her brother first engaged a company to provide the required assistance. The caregiver assisted Baral in bathing, dressing, making trips to the doctor, taking medications, and transferring to a wheelchair. After a couple of months, her brother hired the caregivers (and a substitute) directly. The caregivers also paid for some of Baral’s miscellaneous expenses and submitted receipts to her brother for reimbursement. The caregivers were paid $49,580 for their services and reimbursed $5,566 for expenses during the year at issue.

The Court noted the caregivers were not licensed healthcare providers, and the payments to them were not for the diagnosis, cure, mitigation, treatment, or prevention of Baral’s disease. However, the amounts paid to the caregivers were deductible if their services were qualified long-term care services.

“Qualified long-term care services” means necessary diagnostic, preventative, therapeutic, curing, treating, mitigating, and rehabilitative services and maintenance or personal care services required by a chronically ill individual and provided pursuant to a plan of care prescribed by a licensed health care practitioner. A “chronically ill individual” means an individual who has been certified by a licensed health care practitioner as:

      • Being unable to perform at least two of six specified activities of daily living (eating, toileting, transferring, bathing, dressing, and continence) for a period of at least 90 days due to a loss of functional capacity;
      • Having a level of disability similar to the level of disability as determined under IRS regulations; or
      • Requiring substantial supervision to protect the individual from threats to health and safety due to severe cognitive impairment.

A licensed health care practitioner is a professional including a physician, registered professional nurse and licensed social worker. An evaluation of Baral showed that she required assistance with activities of daily living but did not specify which activities of daily living. Thus, while the doctor hadn’t certified that Baral met the activities-of-daily-living level of disability, he diagnosed her as suffering from severe dementia. In other words, she was cognitively impaired. Her cognitive impairment prevented her from properly taking her prescription medicine. Failure to take prescribed medication posed a risk to her health.

Baral’s doctor certified she required substantial supervision to protect her from threats to her health and safety due to her severe cognitive impairment. Therefore, she met the third test above.

“Maintenance or personal care services” means any care that has the primary purpose of providing needed assistance with any of the disabilities that result in the individual’s qualifying as a chronically ill individual, including protection from threats to health and safety due to severe cognitive impairment. As explained, an evaluation showed that Baral required supervision and a doctor determined she required 24-hour-a-day supervision to protect her from threats to her safety and health. The Court concluded the services were qualified long-term care services as defined in the tax code.

The Court held the $49,580 paid to the caregivers for services qualified as long-term care services and deductible as medical care. The Court did not allow a deduction for the $5,566 paid to the caregivers for out-of-pocket expenses because they were not adequately documented. (Estate of Lillian Baral et al., 137 T.C. No. 1)

Tips for Successful Deductions

The good news is that the taxpayer secured a deduction for the full cost of the services of the caregivers. But not all taxpayers are so lucky. Keep the following in mind.

Consider the size of deduction. In this case, the deduction was just under $50,000 for one year’s care. You could be looking at several years of care for higher annual amounts. That means the deduction is likely to be worth a considerable amount. It also means there’s a good chance the IRS will question it. Be prepared.

Get a doctor or other qualified health care professional’s written evaluation.The doctor may not be available at audit, so a second opinion might be a good idea. Make sure the evaluation meets the requirements in the tax law.

Keep good records and file the proper tax form. Pay by check, made out to the caregiver. If you have to pay cash, get a receipt. For out-of-pocket expenses, keep the receipts. Provide the caregiver with a W-2 if an employee or a 1099 if an independent contractor.

Keep a diary. It helps to substantiate expenses. Have the caregivers do the same.

Know the difference between medical versus household help. You can only deduct amounts paid to a caregiver for nursing-type services, not for household cleaning. Unless you separately pay a maid, it may be difficult to convince the IRS all payments were for care. An allocation has been allowed in some cases.

Be aware of the employment tax implications. If you employ a caregiver directly, you’re probably liable for employment taxes.

Consult with your tax advisor. The dollars involved are probably large enough to make sure you’re complying with all the requirements.

PERKINS & ZAYED, P.C.
1745 South Naperville Road, Suite 100
Wheaton, IL 60189
Phone: 630-665-2300 | Toll Free: 877-TRUST-50
Fax: 630-665-4343
Email: admin@trust-lawgroup.com
The information contained on this website is for informational and educational purposes only and is not legal, tax or financial advice. Always consult a qualified licensed attorney and/or appropriate professional to provide advice for your individual needs and circumstances. Use of this website does not create or constitute an attorney-client relationship. This website may include advertising material for Perkins & Zayed, P.C., The Estate and Trust Law Group. 

When Should the Elderly Hand Over Their Keys?

Estate Planning Advice
for Every Stage of Life.

When Should the Elderly Hand Over Their Keys?

Consider these scenarios:

    • An elderly man runs through a red light and says he didn’t see it.
    • An elderly woman gets on the freeway, cruising along at 35 mph in the passing lane and wonders why everyone is honking their horns.
    • One night, an aging relative calls for help in getting home from the movies after getting lost in what used to be a familiar neighborhood.

All of these incidents are signs that it may be time for an elderly person to stop driving. This is a difficult decision because many Americans equate their cars with independence and self-sufficiency. But as people age, their driving skills can deteriorate, especially with the onset of some medical conditions. So how do you know when it’s time to take away a license and what is the best way to break the news?

Familiarize yourself with the signs of unsafe driving and see if your loved one qualifies as a danger on the roads. Some indicators are: driving at inappropriate speeds — either too fast or too slow, wavering between lanes, vision or hearing problems, difficulty in making turns, a slowing of response time, and a string of tickets.

Other signs include frequently getting lost, becoming drowsy from medication, ignoring mechanical problems with the car, having difficulty in judging distances, and losing the ability to concentrate while driving.

If family members believe that a loved one shouldn’t be behind the wheel, they must decide the best way to break the news. There are a variety of strategies to let an aging relative know that he or she must give up the car keys. For example:

      • Decide who is the best person to serve as the main communicator with the aging relative. People are sometimes more receptive to a message if its delivered by a person in authority, such as a doctor or family lawyer. Other options include spouses, adult children or caregivers.
      • Plan what you’re going to say to the relative about giving up their driving privileges. This is a sensitive topic and a huge life change, so you need to approach it with care and to stay positive. Some insurance companies have scripts that can help in talking to older drivers.
      • Another way to overcome opposition is to get an independent driving evaluation done by state inspectors. Many state Department of Motor Vehicles (DMVs) will conduct field tests to assess driving capabilities.
      • You can also hire a driving rehabilitation specialist to provide a private evaluation. These professionals evaluate drivers based on factors such as medical history, medications taken, visual acuity, range of motion as it relates to vehicle control, strength and coordination.

Many states also have tougher regulations that can result in older drivers losing their licenses. In Illinois, for example, drivers who reach the age of 81 must have their licenses renewed every two years (instead of four) and all renewal applicants over the age of 75 must pass a driving test. In other states, all drivers 62 and older must take a vision test when they renew their licenses.

In extreme instances, families dealing with recalcitrant older drivers have hidden car keys or disabled their cars to keep them off the roads.

Once you’ve gotten an aging relative to agree to hand over the car keys, provide information on alternative forms of transportation nearby. In many U.S. communities, local bus service or taxi cabs can fill some of the need and there are volunteer and religious groups that sometimes provide rides to services and doctor’s appointments.

If all your efforts fail to sway an aging driver to get off the road, there are some suggestions for helping them be less of a threat to other drivers. First, have them avoid driving at night and have them only drive to familiar locations. Also, encourage them to avoid freeways and interstate highways.

Finally, AARP sponsors programs to teach older drivers how to compensate for vision and hearing problems. (Click here for more information.) And a driver rehabilitation specialist also can work with an aging relative to improve their driving skills. Another benefit of taking these driver safety classes is that successfully completing them might mean a reduction of 5 percent to 10 percent on your relative’s car insurance.

Older Driver Statistics

According to the AARP:

      • Drivers age 55 and older, compared with drivers aged 30 to 54, are involved in more accidents per mile driven. The number of miles must be taken into account in order to accurately compare older and younger drivers.
      • The number of accidents per mile rises sharply at about age 75.
      • The traffic violation committed most often by drivers aged 50 and older is failure to observe right-of-way.
      • The second most often committed traffic violation by drivers aged 50 and older is making an improper left turn. The most common reasons for this problem are failure to obey left turn signs and signals, improper positioning of the vehicle, and misjudging the speed of oncoming vehicles.
PERKINS & ZAYED, P.C.
1745 South Naperville Road, Suite 100
Wheaton, IL 60189
Phone: 630-665-2300 | Toll Free: 877-TRUST-50
Fax: 630-665-4343
Email: admin@trust-lawgroup.com
The information contained on this website is for informational and educational purposes only and is not legal, tax or financial advice. Always consult a qualified licensed attorney and/or appropriate professional to provide advice for your individual needs and circumstances. Use of this website does not create or constitute an attorney-client relationship. This website may include advertising material for Perkins & Zayed, P.C., The Estate and Trust Law Group. 

Take Care of a Loved One’s Care

Estate Planning Advice
for Every Stage of Life.

Take Care of a Loved One’s Care

The responsibility of arranging outside care for an elderly parent or disabled loved one may fall to you someday. It’s not an easy task, but careful planning and consultations with specialists can ease the situation.

The first step is to answer three basic questions:

      1. What level of care does your relative need — skilled, intermediate or basic?
      2. Does the person live alone, with family members, or in a nursing facility?
      3. What kind of care can the relative afford?

To come up with the answers, consult with the following people:

Family members can ease the burden of making choices and help determine the patient’s emotional, as well as physical, needs. Can responsibilities be shared so that one person doesn’t “burn out” shouldering most of the burden?

Physicians and social workers know how much care is needed. They can also help evaluate the care options.

Elder care accountants can assist in estate planning and provide an analysis of the person’s health insurance coverage and financial situation. It’s important to understand the patient’s rights and responsibilities concerning the filing of insurance claims.

There are many day-to-day tasks involved in the care of an elderly parent, including scheduling and payment of health care and domestic care workers, arranging doctors visits, buying and giving medications, overseeing the patient’s general maintenance and arranging meal services if necessary.

In-Home Care

If you need in-home care, you must determine whether to hire a Registered Nurse, a Certified Nursing Assistant, a nursing aide, or a companion. This is often a judgment call based on the physical and emotional needs of the patient.

When choosing a health aide, agency or domestic worker service, check reputations and current references. Don’t forget to ask agencies how they deal with taxes. Some firms consider their workers to be self-employed independent contractors who handle their own tax responsibilities. Others treat them like ordinary employees and take out withholding taxes.

Suitcase Caregiving

It used to be that kids grew up and continued to live in the same town as their parents and grandparents. Today, it’s not uncommon to find different generations living on opposite sides of the country.

Suitcase caregiving can be a daunting challenge. One option is to move your parent closer, but if that’s impossible, here are a few suggestions on how to cope from a distance: 

      • Keep a resource guide handy for the community where your parent lives.
      • Establish a contact person where your parent lives. Communicate regularly with the person to get a true picture. If your parent lives in a facility, a social worker is a good source. Ask what material items your parent needs and how they seem mentally, as well as physically.
      • If your parent still lives independently, the need for assistance will increase as time goes on. Put together a plan to provide housekeeping, meals, and an emergency alert system that connects to a health facility or police department. Consider working with a local professional who can develop a care plan. The Internet makes it easy to shop for groceries and other necessities that can be delivered.
      • Keep your cell phone with you in case someone needs to call.
PERKINS & ZAYED, P.C.
1745 South Naperville Road, Suite 100
Wheaton, IL 60189
Phone: 630-665-2300 | Toll Free: 877-TRUST-50
Fax: 630-665-4343
Email: admin@trust-lawgroup.com
The information contained on this website is for informational and educational purposes only and is not legal, tax or financial advice. Always consult a qualified licensed attorney and/or appropriate professional to provide advice for your individual needs and circumstances. Use of this website does not create or constitute an attorney-client relationship. This website may include advertising material for Perkins & Zayed, P.C., The Estate and Trust Law Group. 

ESTATE PLAN RESOURCE

Estate Planning Advice
for Every Stage of Life.

Take Care of a Loved One’s Care

The responsibility of arranging outside care for an elderly parent or disabled loved one may fall to you someday. It’s not an easy task, but careful planning and consultations with specialists can ease the situation.

The first step is to answer three basic questions:

  1. What level of care does your relative need — skilled, intermediate or basic?
  2. Does the person live alone, with family members, or in a nursing facility?
  3. What kind of care can the relative afford?

To come up with the answers, consult with the following people:

Family members can ease the burden of making choices and help determine the patient’s emotional, as well as physical, needs. Can responsibilities be shared so that one person doesn’t “burn out” shouldering most of the burden?

Physicians and social workers know how much care is needed. They can also help evaluate the care options.

Elder care accountants can assist in estate planning and provide an analysis of the person’s health insurance coverage and financial situation. It’s important to understand the patient’s rights and responsibilities concerning the filing of insurance claims.

There are many day-to-day tasks involved in the care of an elderly parent, including scheduling and payment of health care and domestic care workers, arranging doctors visits, buying and giving medications, overseeing the patient’s general maintenance and arranging meal services if necessary.

In-Home Care

If you need in-home care, you must determine whether to hire a Registered Nurse, a Certified Nursing Assistant, a nursing aide, or a companion. This is often a judgment call based on the physical and emotional needs of the patient.

When choosing a health aide, agency or domestic worker service, check reputations and current references. Don’t forget to ask agencies how they deal with taxes. Some firms consider their workers to be self-employed independent contractors who handle their own tax responsibilities. Others treat them like ordinary employees and take out withholding taxes.

Suitcase Caregiving

It used to be that kids grew up and continued to live in the same town as their parents and grandparents. Today, it’s not uncommon to find different generations living on opposite sides of the country.

Suitcase caregiving can be a daunting challenge. One option is to move your parent closer, but if that’s impossible, here are a few suggestions on how to cope from a distance: 

  • Keep a resource guide handy for the community where your parent lives.
  • Establish a contact person where your parent lives. Communicate regularly with the person to get a true picture. If your parent lives in a facility, a social worker is a good source. Ask what material items your parent needs and how they seem mentally, as well as physically.
  • If your parent still lives independently, the need for assistance will increase as time goes on. Put together a plan to provide housekeeping, meals, and an emergency alert system that connects to a health facility or police department. Consider working with a local professional who can develop a care plan. The Internet makes it easy to shop for groceries and other necessities that can be delivered.
  • Keep your cell phone with you in case someone needs to call.

Have an estate planning question or concern? Please let us know! Call us at 630.665.2300 or click the button to schedule a free consultation.

PERKINS & ZAYED, P.C.
1745 South Naperville Road, Suite 100, Wheaton, IL 60189

Phone: 630-665-2300 | Toll Free: 877-TRUST-50
Fax: 630-665-4343
Email: admin@trust-lawgroup.com

The information contained on this website is for informational and educational purposes only and is not legal, tax or financial advice. Always consult a qualified licensed attorney and/or appropriate professional to provide advice for your individual needs and circumstances. Use of this website does not create or constitute an attorney-client relationship. This website may include advertising material for Perkins & Zayed, P.C., The Estate and Trust Law Group.