Page 46 - Senior Link Magazine Fall 2024 - Online Magazine
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SENIOR RESOURCES                                                        SENIOR RESOURCES








                                                     TWo Tools  You need for



                                                    Effective Estate Planning


                                                                   by Lee Franks


            f asked to define estate planning,   own children from being placed in a   the document may grant very broad
            most people might suggest that    similar position one day.           powers. The law requires the agent to
          Ithe phrase has to do with who gets                                     act in the best interests of the principal
          your stuff when you die. Although   Two basic documents that can assist   and restrains the agent’s ability to
          correct, estate planning also involves   caregivers are the medical power of   profit from the relationship.
          planning for life – particularly for life   attorney and a financial power of
          beyond normal, functional capacity.   attorney.                         Effective medical and financial powers
                                                                                  of attorney can greatly simplify caring
          A fifty-nine-year-old business office   In granting a medical power of   for an aged or ailing loved one. Estate
          manager, mother, and grandmother    attorney, a person authorizes an agent   planning involves more than divvying
          struggles to give her employer a full   to make their health care decisions.   up what remains of someone’s
          forty hours each week, to attend one   Typically, the document names one or   belongings. Good estate planning
          school event for each grandchild    more alternates and states where the   contemplates life as well as death, and
          monthly, to provide her husband     original is kept and where copies may   it includes smoothing out procedures
          with the companionship he deserves,   be found. While you can require two   for the very people who made that life
          and to care for her father who is   or more agents to act jointly, it is not   worth living – those who provide care
          battling dementia. She has tried to   advisable to do so.               and comfort during one’s final years.
          make some long-term decisions for   After executing a
          him and to get his affairs in order. His   medical power of
          financial judgment failed a long time
          before anyone realized something    attorney, copies
          was wrong, but the bank tells her she   of the document
                                              should be furnished
          has no authority to act for him. Just   to the agents and
          as worrying, the customer service
          representative at his health insurance   institutions who will
          company is only authorized to speak   likely need it. Give
                                              copies to your health
          with her father, who is unable to   care providers and
          handle that call in the professional
          way he once would have.             contact your local
                                              hospital or clinic
          These are common conflicts in which   about getting the
          the caregiver finds him or herself.   document on file.
          Commonly, the eldest or the nearest
          adult child ends up in the caregiving   In granting a
          role by default. In other words, no one   financial power
                                              of attorney, an
          planned for things to happen as they   individual gives
          did; the situation just evolved.
                                              another person
          When the caregiver lacks effective   the authority to
          legal tools to do the job, caring for   conduct business
          an aging or ailing loved one can    on their behalf.
          overwhelm financial and emotional   The document may
          resources. Those who accept the call   limit the authority
          to provide care may wonder why they   to specified
          did so and also how to prevent their   transactions, or



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