Archive for Living Will
Common Estate Planning Myths and Superstitions
In honor of today’s holiday, Groundhog Day, we wanted to share some common myths and superstitions about estate planning. Most Americans know the story of Groundhog Day: if a groundhog comes out of its burrow this morning and sees its shadow, it will retreat back into the burrow and six more weeks of winter weather will follow. On the other hand, if the groundhog does not see its shadow and remains aboveground, winter will soon end.
Most of us recognize that the ability of a groundhog to accurately forecast the weather is just a myth. (The reality is that groundhogs get it right only 39% of the time.) However, many people still believe in the following estate planning myths and superstitions (or at least use them as an excuse not to plan):
#1: You are more likely to die once you complete your estate planning. This is simply absurd; generally, the only people who die shortly after executing an estate plan are people who waited ALMOST too late to plan in the first place.
#2: Estate planning is only for the wealthy. When you hear the word “estate,” do you think of a palatial mansion or fine jewels? The truth is that if you own a home, a car, a bank account, life insurance, etc., then you have an “estate”.
#3: Estate planning only matters after death. A big part of the estate planning we do at our firm is planning for possible future disability. Wouldn’t you like to leave directions for how you want to be treated if you become incapacitated as well as for who gets your stuff when you’re gone? What about requests for who will care for you and/or your children?
Please feel free to post comments on our Facebook or Twitter or make an appointment if you have individual questions or concerns.
Cramer Law Center offers full estate planning services including wills, trusts, durable powers of attorney, health care surrogate designations, living wills, designations of preneed guardian, and more.
PLANNING AS AN UNMARRIED INDIVIDUAL
Many people think that there is no need to make an estate plan until or unless they get married. However, our firm recently handled a case that illustrates why buying into this planning myth can be very stressful and expensive for your loved ones.
Our client, we’ll call him “Bill”, was an unmarried man in his forties with a long-term girlfriend but no children. His only living relatives were siblings. Bill went into a coma after having an unexpected allergic reaction that caused him to have multiple cardiac arrests. He was put on life support and given next to no chance of recovery.
Bill did not have any planning documents in place. He had no will and, more importantly, he had not executed any document granting decision-making authority to a loved one in the event of his incapacity. Since Bill had no parents, children, or spouse, there was no one who had legal authority to take care of his property or to decide whether he should remain on life support.
Bill’s siblings had no recourse but to seek a guardianship over their brother. This expensive process led to stress and family strife over what Bill would have wanted to happen to him in this situation. Bill’s girlfriend, the person most likely to know what Bill wanted, was not even involved. Ultimately, Bill died before a full guardianship could be put in place.
Every person, especially unmarried individuals, should consider executing the following basic planning documents to help their loved ones avoid the “Bill” situation:
Designation of Health Care Surrogate (Health Care Power of Attorney)
Living Will
Durable Power of Attorney
Last Will and Testament
We are here to explain these planning tools and to guide you through the estate planning process, so that your family will not suffer the needless expense and stress that Bill’s family endured.
ELDER ABUSE: SEVEN WARNING SIGNS
Many of us have elderly parents or grandparents who may be susceptible to abuse. Here are some warning signs to consider:
(1) Deliberate isolation of an older adult which results in the caregiver having total control.
(2) Sudden appearance of previously uninvolved relatives claiming their rights to an elder’s affairs and possessions.
(3) Power of Attorney given or recent changes of Will when the person is incapable of making such decision.
(4) Sudden changes in bank accounts or banking practice, including unexplained withdrawals of large sums of money by a person accompanying the elder.
(5) Abrupt changes in Real Estate Deeds or other Financial Documents.
(6) Missing personal belongings such as art, silverware or jewelry.
(7) Placement in nursing home or residential care facility which is not commensurate with alleged size of estate.
An excellent way to protect against potential abuse is to have strong estate planning documents in place and open communication about the elder’s wishes and the contents of those documents with close family members. If you have a concern about a family member or close friend, call us for a confidential consultation.
WHAT IF THE MAYANS ARE WRONG!
I am sure by now everyone is familiar with the idea that the Mayan Calendar ends in 2012, and, according to the History Channel and other news media, so do we! What if this theory is incorrect?! What if, there still is life on earth after 2012? Will you wish you had planned for the future to protect yourself and your family from disability, an untimely death or paying unnecessary taxes? Or, will you just assume the future will take care of itself?
It just makes sense to take care of yourself and your family now, by making sure you have a will or trust, healthcare directives, guardians for your children, power of attorneys, etc.
There seems to be a general malaise in our country and people are terrified to move forward…but, you can’t move backward! Log onto our website and see all the services we provide. Be brave, plan for the future!
END OF LIFE PLANNING
Two of the statements I hear most frequently from seniors are “I don’t want to go into a nursing home” and “I don’t want to be put on machines”. However, without proper legal documents in place, your medical decisions may end up out of your hands. This delicate subject seems to be difficult for many families to even bring up. Although we know there is a need to prepare, we tend not to want to think about someone in the family becoming terminally ill or tragically injured. Sometimes a diagnosis comes that leaves a family time to prepare, but many times there is an unexpected crisis which can leave a family reeling to making decisions. Many people lack understanding or misunderstand advanced health care directives. We are happy to explain the designation of healthcare surrogate, living will, power of attorney or even how guardianship works.
If you or someone you know has ever made one of the two statements at the beginning of this article, we invite you to stop in and talk with us. There is never a charge for an initial consultation to explore your estate planning goals.
Thanksgiving: A Time for More than “Talking Turkey”
In 1621, Plymouth colonists and Wampanoag Indians shared an autumn harvest feast. This is generally acknowledged as one of the first Thanksgiving celebrations in the colonies (although Native American groups are believed to have organized harvest festivals and other celebrations of thanks centuries before the arrival of Europeans). And while days of thanksgiving were celebrated by individual colonies and states in the years that followed, it was not until 1863 that President Lincoln formally proclaimed a national Thanksgiving Day, to be held on the last Thursday in November.
For many Americans today, Thanksgiving is a time to put aside worries about work and calories, try to make the best of having to watch the Detroit Lions attempt yet again to play professional football, and focus on what matters most in life: FAMILY.
At Cramer Law Center, P.L., we would like to take this opportunity to wish you and yours a very happy Thanksgiving. And, because we are estate planning attorneys who care about you and your family, we can’t help but use this opportunity to remind you of something important: Thanksgiving, with the family gathered round, is an ideal time for everyone to talk with each other about their healthcare wishes. We know that having this conversation may be difficult, but it is truly necessary.
By explaining your feelings to your loved ones, you spare them the stress and pain of having to make such decisions on their own, without the benefit of your insight. In effect, sharing your feelings, goals and wishes in advance, as best you can, is a way for you to show your love for your family and concern over their emotional well-being.
So now you’re convinced, but you don’t know how you’d begin the conversation? You can always blame it on us. (“My attorney really wants me to talk with you about this …”) We’re happy to take the rap.
We hope that this Thanksgiving is one of the best ever for you and the rest of your family. And if you want to speak to those closest to you about your healthcare wishes but want a different way to start, we can show you other ways to begin the conversation. Chances are, you will find that it is not as difficult as you imagine, and will actually draw your family closer together.
Be safe and have a wonderful holiday!
Jeff, Melinda, and Val
ALZHEIMER’S DISEASE – DISABILITY PLANNING
Former Supreme Court Justice Sandra Day O’Connor has authored a compelling Op-Ed piece in yesterday’s New York Times arguing that this country needs to make a greater financial commitment to finding medicines that will delay the onset of Alzheimer’s disease or, better yet, cure it. The likelihood that a person will develop symptoms of Alzheimer’s or other forms of dementia doubles every 5 years after age 65. One of every two persons over age 85 is afflicted. This disease is 100% incurable and robs people of their memory, judgment and dignity. It depletes families both emotionally and financially.
By 2050, it is estimated that 13.5 million Americans will be stricken by this disease. We are sure that you will agree that developing a well designed and adequately funded national strategic plan to combat this disease is necessary.
In the meantime, we continue to urge everyone to make both financial and legal plans to deal with this eventuality. The comfort and dignity of you and your loved ones can be maximized by proper planning. By preparing, in advance, detailed instructions to your caregivers on matters of daily living that are important to the preservation of your dignity, you can make a substantial difference in your quality of life if suffering from dementia. Examples of small things like indicating your favorite foods or whether you like the room temperature warm or cool can make a large difference. We can help with both the legal and personal planning. I also am available if you just want to talk. In addition to my professional experience, my 86 year old mother has dementia and I have been through some of the stress and anguish which accompanies this disease.
THE GUARDIAN ADVOCATE
When children with developmental disabilities reach age 18, they become “adults” in the eyes of the law. Parents no longer may legally make financial and health care decisions for their adult children. If the developmental disability is severe enough to prevent the adult child from caring for him or herself, the parents must apply to become their child’s legal guardian in order to continue making important decisions for their developmentally disabled child – such as consenting to medical, dental, and surgical procedures; managing money or property; applying for governmental benefits and entitlements; and deciding on residential choices.
Fortunately, Chapter 393 of the Florida Statutes is specifically designed to meet the unique needs of persons with developmental disabilities. The person who would be appointed to care for an adult with developmental disabilities is called a “guardian advocate.” Even though the term is different from the term “guardian” as used in Chapter 744 of the Florida Statutes, the authority given by the court to each is the same. However, Chapter 393 is less restrictive, less costly and much preferred in order to care for persons with developmental disabilities.
Because of the streamlined process, guardian advocacy proceedings are consuming less court time and thereby reducing attorney’s fees. For example, there is no need to pay for an examining committee of three professionals, as is required in Chapter 744. The statute does not require a separate hearing to determine incapacity and there is no adjudication of incapacity. Existing professional evaluations and plans identifying needs may be used to identify rights which the developmentally disabled individual cannot handle. The judge will review the reports, evaluations and support plans and then appoint a guardian advocate to perform only those functions that the person is unable to perform. All of those rights that the developmentally disabled person cannot manage will be given to the guardian advocate to handle.
We are fortunate to have this streamlined guardian advocate procedure available in Florida. Parents with developmentally disabled children should be aware of this statute and plan ahead for when a child with developmental disability reaches 18 and becomes an “adult.” Cramer Law Center has helped many persons through the guardian advocate process and is available to help others through the process.
BACK TO SCHOOL
It’s back to school time again. Do you have a college student getting ready to leave home? What about a niece, nephew, or neighbor that is ready to begin the college journey?
Now that these “children” are considered adults in the eyes of the law, there are protections you should consider implementing so that you can still speak with their doctors. You or other loved ones may not have access to medical information or treatment plans, even in the event of an emergency. An effective way to address this challenge is to have the student sign advance health care directives (Designation of Health Care Surrogate and HIPAA release) before the student leaves home. Equally important is that the documents are readily accessible to parents and health care providers.
The process is simple and will take only a few minutes to ensure family access to medical information. Our program for college students offers the following benefits:
1. Designation of Health Care Surrogate appointing someone to make medical decisions in case of the student’s inability to do so (typically the student’s parent or parents).
2. HIPAA Release detailing who should be allowed to have access to medical records and be able to speak with physicians about treatment and status.
3. Enrollment in the DocuBank I.C.E. (in case of emergency) program a national health care document storage and recovery system that provides ready access to the documents by medical professionals on a 24/7 basis.
4. Wallet Card for the student that includes how to access their health care documents and emergency contact information.
5. Alerts for medical professionals of allergies and medical conditions your child may have.
If you are interested in this program, please contact us at (904) 448-9978 or info@cramerlawcenter.com. The cost is $250 for the first child and $150 for each additional child in the same family. This includes enrollment in the I.C.E. program for a full four years.
Our thoughts are with all of our families sending students to college, particularly those who are leaving the nest for the first time.
Family Feud: Costly in Guardianship Court
Families that have not done proper Estate Planning often end up in Guardianship Court. Without proper documents, when a loved one is no longer able to care for himself or herself, someone else must use the court system to become his or her legal Guardian in order to make medical and financial decisions for that incapacitated person. The Guardianship process itself is public, time-consuming, and expensive, even if matters are uncontested. However, if the court becomes a stage for a “family feud,” both the emotional and financial costs can skyrocket.
Typically, there are at least two attorneys involved in the Guardianship proceeding. The person petitioning to become the guardian is required to have an attorney. Additionally, the person who is alleged to be incapacitated (the “ward”) is appointed an attorney by the court, to protect his or her interests. If several family members vie to become the guardian (such as siblings fighting over a parent), the number of attorneys involved and resulting expense is multiplied. Such family in-fighting also takes an emotional toll on the participants.
The upshot of many guardianship family feuds is that the Judge will decide not to appoint any family member as guardian, but instead will appoint a neutral, “Professional Guardian.” The costs of providing that neutral perspective will be $85 – $100 per hour (in the Jacksonville, FL area), for each hour of the Professional Guardian’s services. Of course, the Professional Guardian also will need to hire her own attorney, to be paid for out of the guardianship estate. Unfortunately, we have seen horrible results from family feuds. No one wins when families quarrel in open court.
Don’t let this to happen to your family!
