Legal

Legal Considerations

As you or your loved one’s age, it is very important that you plan how you want to age with your family.  This is necessary especially when you can do it before any kind of health event were to take place.  There are elder law attorneys that can help you navigate these areas to provide a strong legal foundation as you age. In addition, it is important that you plan your Estate, to help determine the distribution of your assets and property after your death.

  • A will is a legally prepared and bound document that states your intentions for the distribution of your assets and wealth after your death. A Will is part of your Estate Plan.
  • Living trusts help distribute your assets and provide for your beneficiaries while keeping your family out of probate court. Since there is no involvement with probate court, they offer more privacy. Revocable living trusts allow you to change your terms if you choose. Living Trusts are part of the Estate Plan.
  • Elder Law Attorneys are very versed in any of the above and can assist you in creating these documents for you. You can find these attorneys by going to www.naela.org and enter your location.
  • A living will outline a person's wishes for medical treatment and health care decisions if they're unable to communicate their wishes. They are written, legal instructions regarding your preferences for medical care if you are unable to make decisions for yourself
  • A Health Directive is very important in the case you have a health emergency, and you are not capable of making your own medical treatment decisions. This should be someone very close to you, either a spouse or child.
  • A power of attorney (POA) is a legal document that gives someone else the authority to act on your behalf in financial, medical, or other matters. This should be someone very close to you, either a spouse or child.
  • There are two main types of legal guardianships, both of which consist of appointing a person to act on behalf of another. In this case, this would include guardianship of a person. The individual is expected to act responsibly as caretaker. This should be someone very close to you, either a spouse or child.
  • Conservatorship is a legal status in which a court appoints a person to manage the financial and personal affairs of an incapacitated person. A conservator may also serve as a guardian who is responsible for establishing and monitoring the physical care of the individual and managing their living arrangements.