Estate Planning Blog Articles

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How to Prepare for Cognitive Changes in Your Life

Planning for the cognitive decline that often accompanies aging can prevent expensive mistakes, says a recent article from U.S. News & World Report, “How to Minimize 4 Financial Management Disasters That Come With Aging.” Planning for cognitive decline can make our later years less stressful.

Age and Vulnerability to Financial Elder Abuse. Simple tasks like paying bills can become problematic as our cognitive abilities diminish. This also leaves people more susceptible to fraud and scammers—today’s thieves’ prey on the elderly through telephone, online, mail and in-person schemes. Add a layer of protection by having a trusted person or family member oversee accounts. A professional fiduciary or a bill-pay service could be used if no family member is available or trustworthy enough.

Freezing a senior’s credit with major credit bureaus can make it harder for thieves to steal their identity, take out loans, or open credit cards under their names.

Financial documents should be organized, and their location should be shared with loved ones. Your estate planning attorney, financial advisor and CPA should have the contact info of a trusted person who can step in to manage your affairs, if necessary. Your estate planning attorney can create a Financial Power of Attorney, so they can act on your behalf.

You can appoint a representative payee with the Social Security Administration, so another person can help you with Social Security matters.

The Death or Disability of the Family’s Financial Person. One person in the household very often runs the business side of life, paying bills, balancing checkbooks and keeping an eye on investments. If that person dies or becomes disabled, the spouse needs to be able to take over finances. To do this, they’ll need to know more than the usernames and passwords on accounts—although they’ll need to know this information as well. Regular check-ins on financial matters with a spouse and a trusted adult is a good practice.

Planning for Long-Term Care Expenses. Failing to prepare for the cost of long-term care or to protect a couple’s assets with Medicaid planning can be financially catastrophic. Medicaid can help with the cost of nursing home care. However, if the family has assets, they must be used up before the person is eligible for care. Medicaid also has a five-year lookback period, meaning any transfers or sales of assets taking place five years from the date of application will delay eligibility. An estate planning attorney can help with the use of irrevocable trusts, often referred to as Medicaid Asset Protection Trusts. There are also trusts designed to protect assets for the healthy spouse. A consultation with an estate planning attorney long before long-term care is needed is critical to avoiding this mistake.

Outliving Your Money. Experts believe nearly two-thirds of Americans nearing retirement age are unprepared for two, three, or even four decades of retirement. The past year’s skyrocketing costs of living have prevented many from adding to their savings during the end of their working lives, and many don’t even have emergency savings. Having a financial plan and an estate plan is important at every age and stage of life.

Cognitive changes don’t happen to everyone as they age. However, it is still wise to have your estate planning done long before any changes occur. Having a will and any necessary trusts created and executed while you are at full capacity allows you to be the one making these decisions.

Reference: U.S. News & World Report (June 26, 2024) “How to Minimize 4 Financial Management Disasters That Come With Aging”

Safeguarding against Financial Exploitation: Estate Planning for Cognitive Decline

In this overview of estate planning for cognitive decline, we examine signs of dementia and the role of estate planning in protecting our aging loved ones. The National Institute on Aging (NIH) article, “Managing Money Problems for People With Dementia,” sparked our discussion on estate plans and cognitive decline.

It is becoming more common for families to encounter challenges and new issues in needing to help loved ones safeguard assets from fraud and exploitation. This article shares practical strategies to protect vulnerable individuals when we notice signs of dementia.

Understanding the Risks: Fraud and Financial Exploitation

Cognitive decline, particularly associated with conditions like Alzheimer’s disease, poses significant risks for financial exploitation. Individuals grappling with dementia may struggle to manage bills, discern trustworthy individuals, and comprehend complex financial transactions. This vulnerability makes them prime targets for fraud and abuse. Here’s a closer look at common forms of exploitation:

  • Multiple Payments: Those with cognitive decline may inadvertently make multiple payments for the same service, leading to financial losses.
  • Misuse of Power of Attorney: Trusted individuals, including family members or attorneys-in-fact, may abuse their authority by making unauthorized cash transfers or mismanaging assets.
  • Undervalued Property Sales: Patients may be misled about the value of their property, resulting in sales below market value to the detriment of their estate.

Protecting against Fraud: Legal Safeguards and Capacity Assessment

To combat financial exploitation, it’s essential to understand the legal safeguards available and to assess the individual’s capacity to enter into agreements. Here are key considerations:

Legal Capacity: Contracts and agreements are enforceable only if both parties have the legal capacity to enter them. Individuals with Alzheimer’s or cognitive impairment may lack this capacity, rendering contracts voidable.

Capacity Assessment: Assessing mental capacity is crucial in determining the validity of agreements. Physicians, family members and legal experts play a vital role in providing testimony and evidence of cognitive decline.

Estate Planning’s Role in Protecting Our Aging Loved Ones

Signs of dementia are sometimes slow to appear or hard to detect. The National Institute of Aging pointed out that financial management is one of the first signs of cognitive decline affecting a loved one.

Estate planning helps prevent loved ones with dementia from losing money or property to scammers or unscrupulous people. It is crucial to establish financial powers of attorney before signs of dementia and enable a trusted family member to oversee bank accounts and pay bills for a loved one. Trusts are another tool that helps to safeguard a loved one’s assets.

Estate Planning and Cognitive Decline Key Takeaways:

  • Early Intervention: Recognize signs of cognitive decline and take proactive steps to safeguard assets.
  • Legal Expertise: Seek guidance from attorneys experienced in elder law to navigate complex estate planning and financial management issues.
  • Family Vigilance: Family members and caregivers should remain vigilant to watch for signs of financial exploitation and take prompt action to protect their loved ones.

Conclusion

Estate planning for cognitive decline requires careful consideration and proactive measures to protect vulnerable individuals from fraud and financial exploitation. Families can confidently navigate these challenges by understanding legal safeguards, assessing capacity, and seeking expert guidance. Are you ready to safeguard your loved one’s future? Schedule a consultation with our team today and take the first step towards comprehensive estate planning.

Reference: National Institute on Aging (NIH) (Oct. 3, 2023) “Managing Money Problems for People With Dementia

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