questions to ask lawyer when planning for aging parents

10 Questions to Ask Aging Parents

1. Do you have Durable Powers of Attorney- BOTH Financial and Healthcare? A power of attorney is a document in which a...
2. Do you have a Will and/or Trust? No matter how large or small your estate may be, it is essential that you prepare...
3. Where do you store your estate planning documents, including Durable Powers of Attorney, Will...

Full Answer

Do you need a medical power of attorney for aging parents?

A medical power of attorney is also necessary if the person enters a hospital. The Medical Power Of Attorney (POA) is one of the key documents on the legal checklist for aging parents because it allows the individual to appoint an agent to act on their behalf in medical matters if they become incapable of making decisions or communicating them.

What are the legal documents for aging parents?

Legal Checklist For Aging Parents – 17 Essential Documents 1. Durable Medical Power of Attorney (Health Care Proxy). Also called a Health Care Proxy, Healthcare Power of Attorney,... 2. Durable Power of Attorney For Financial Decisions. A Durable Power of Attorney is a document that gives one... 3. ...

What questions should I ask when meeting with an estate planning lawyer?

Here are several questions you should ask yourself: When meeting with a potential estate planning lawyer, how comfortable do you feel? Does your advisor communicate well and clearly? Do you agree with their general values?

What do you need to know about HIPAA for aging parents?

HIPAA Release Form For All Physicians In addition to the power of attorney, another document on the legal checklist for aging parents is the HIPAA release form. Most clinics, hospitals, and dental or healthcare providers have their own release forms for patients, which authorizes the disclosure of all or a part of the principal’s health details.

What questions should you ask your aging parents?

10 Essential Questions to Ask Your Aging ParentsDo You Have a Durable Power of Attorney? ... What Are Your End-of-Life Wishes? ... Do You Have a Will or Living Trust? ... Do You Have Long-Term Care Insurance or Another Plan in Case Long-Term Care is Required? ... Have You Made Sure That These Documents Are Current?More items...•

Who makes decisions for a elderly parent?

Also known as a health care proxy or power of attorney for health care, this legal document enables a person (called the “principal”) to appoint a trusted relative or friend (called the “agent”) to handle specific health care decisions on their behalf.

What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

What are 3 questions you should ask a lawyer before hiring?

6 Questions To Ask Before You Hire A LawyerWhat's Your Experience? ... What Percentage Of Your Practice Is Dedicated To This Area Of Law? ... What Will This Cost? ... Can You Charge Me A Flat-Rate Fee? ... Where's My Contract? ... Can I Avoid Going To Court?

How do you get your elderly parents evaluated?

First Steps to Take as a New CaregiverMake an appointment with your parent's doctor. Schedule an overall health assessment with your parent's primary care physician (PCP). ... Update your parent's medication list. ... Accompany your loved one to the appointment. ... Review HIPAA and POA forms. ... Evaluate your eldercare team.

What are caregivers not allowed to do?

There are a few specific things that are NOT ALLOWED, such as providing any type of medical services. Unlicensed caregivers may not: Give medications of any kind. Mix medications for clients or fill their daily med minder box.

What is the hardest question to ask a lawyer?

12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•

What do you say when talking to a lawyer?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•

What are good questions to ask a professional?

Questions To Ask: Informational InterviewWhat are your main responsibilities as a...?What is a typical day (or week) like for you?What do you like most about your work?What do you like least about your work?What kinds of problems do you deal with?What kinds of decisions do you make?More items...

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

What questions should I ask my lawyer mentor?

Questions to Ask Your Mentor How is what I am learning in school different from what it will be like practicing? How did you become a [insert practice area] attorney? What is a typical work day like for you? What types of cases/projects are you currently working on?

1. Do You Have a Durable Power of Attorney?

A durable power of attorney designates who will take care of your affairs if you are unable to decide for yourself in the case of mental or physical incapacitation.

2. What Are Your End-of-Life Wishes?

A living will, also known as an advance health care directive, is used to indicate choices about end-of-life care.

3. Do You Have a Will or Living Trust?

Wills and living trusts are the legal methods used to designate what happens to your possessions and money after you pass. A will simply specifies, in writing, who gets what and how much. A living trust is an alternative to a will.

4. Do You Have Long-Term Care Insurance or Another Plan in Case Long-Term Care is Required?

The national average cost for assisted living is $3,074, according to an analysis of the pricing of communities in A Place for Mom’s network. In some regions it’s much higher.

5. Have You Made Sure That These Documents Are Current?

All of the documents we’ve mentioned need to be up-to-date and current for them to work properly. Encourage your parent to revisit estate planning and care planning measures each year.

6. Where Can I Find These Documents If I Ever Need Them?

It doesn’t do any good for your parent to have these documents in order if they can’t be found in an emergency. Make sure you know where they are and how to get to them. For example, if they’re in a safe deposit box, see to it that a trusted family member has a key and permission to access the box.

7. Is Someone Advising You on Financial Matters?

Older parents are often fiercely independent regarding their finances, which is understandable. Even so, it’s important to know who is advising your parents regarding financial decisions.

What documents are needed for a living will?

It is important for most people to have these documents. For people where dementia is at issue, it is even more important. These are the documents you need: 1 a client-specific durable power of attorney containing long-term care planning provisions (generic forms rarely suffice) 2 health care directions (often referred to as Living Wills and Health Care Surrogate Designations) 3 a Last Will and Testament 4 a trust agreement.

What is the greatest threat to the finances of people over the age of 50?

The catastrophic cost of long term care is the greatest threat to the finances of people over the age of 50. People with dementia need more care for longer. Most people do not want to think about or plan for what happens when they need extended care. The fact is that most people will require long-term care and most will either not be able to afford it or will get wiped out by the cost. There are legal and ethical ways of protecting one’s life savings against the cost of care without giving away assets and without waiting out penalty periods. Ask your lawyer for a referral to an Elder Law specialist unless they are themselves so certified.

Can a doctor write a statement of incapacity?

It is possible that a doctor could already have written a statement of incapacity regarding the person but this is not determinative of legal incapacity. The capacity requirements for each legal document can be different. Your attorney should discuss capacity issues with you and will know the legal requirements. 2.

Can you have an elder law attorney?

It should be a big deal to you too. Elder Law Attorneys have specific experience in dementia-specific and health-related legal matters. It can make a very big difference in quality of life. Even if you have another type of attorney as your estate planning lawyer or family lawyer, you can still visit with an Elder Law Attorney ...

Can dementia be competent to sign documents?

Courts have found that even people in the most advanced stages of dementia can be competent to sign important legal documents. Understand that the medical definition of incapacity is different from the legal definition of incapacity.

What to do if your parents live in a multilevel house?

If your parents live in a multilevel house, start the conversation now about moving them to a bedroom on the ground floor or installing a stair climber. This is also the time to discuss other housing options, like apartment buildings, condos, and assisted-living complexes.

What is a durable power of attorney?

A durable power of attorney, in which parents give authority to a specific person to act on their behalf in managing any and all aspects of their financial life, may be “the best estate-planning tool out there,” says Michael T. Palermo, a Lexington, Kentucky, estate lawyer and financial planner, whose website, Crash Course in Wills and Trusts (www.mtpalermo.com), offers a trove of estate-planning information for consumers.

Is there a bigger pressure point for parents and children than money?

There is no bigger pressure point for parents and children than money . In addition to the usual issues regarding monthly cash flow, there are the bigger concerns, such as proper retirement asset allocation and long-term-care insurance.

What happens if a senior parent can't drive?

If your senior parent can no longer drive or becomes incapacitated, someone will need to sell their vehicle, so the title should be kept in an easily accessible place (and someone should know where that place is!).

How many documents are needed to protect senior citizens?

The following 17 documents will not only protect the senior’s legal rights, they will also help their adult children know their wishes, allowing for important decisions to be made when that time comes.

What is a durable medical power of attorney?

Also called a Health Care Proxy, Healthcare Power of Attorney, or Living Will, a Durable Medical Power Of Attorney is a type of advance directive that designates a person to make healthcare decisions for you if you are not able to do so.

Why do people sign a will?

Your elderly loved one may decide to sign a will to control the distribution of their estate after their death. A will is a binding legal document that comes into effect after the death of the individual writing the will (known as a testator).

Why is it important to have legal documents in place?

Legal documents protect everything from finances to medical treatments. For aging parents – it’s more important than ever to have the proper legal paperwork in place.

What to discuss with your parents about aging?

When discussing aging plans with your parents, make sure to get their thoughts on how they’d like their finances handled if they are no longer able to make those decisions. Important topics to go over could include home ownership, outstanding debts, savings and retirement funds.

How to care for aging parents?

Aging parents checklist. Remember, caring for aging parents is an ongoing project and their needs may evolve over time. Continue to work with your parents and have an ongoing conversation so that you can best understand their needs and wishes, even if they change. Planning for the future care starts in the present.

What to do before discussing life plans with aging adults?

Before discussing life plans with aging adults, do your research. Come prepared with different housing, caregiving and medical options for them to choose from. You should also go over insurance policies and senior benefits to ensure your parents are enrolled in everything they need.

How to help a parent who cannot care for themselves?

Create a caregiving plan in the event that they cannot care for themselves. Meet with their doctors to discuss any changes in their personal needs. Familiarize yourself and your parent with different caregiving options. Ask if they have any specific needs to maintain their health and comfort.

What is the aging parent checklist?

Aging parents checklist: A guide to senior life planning. While caring for adults as they age can be a challenging responsibility for children and other family members, it's also a time to reflect on happy memories and plan for the future. Those with aging parents may be tasked with caregiving, housing and even legal responsibilities.

How to discuss senior life planning?

Create a safe environment. Discussing senior life planning isn’t always easy. This can be an emotional discussion for both your parents and yourself. Make sure to create a safe environment that encourages open dialogue and empowers your parents to express their thoughts, concerns and wishes.

What is a senior life plan?

A senior life plan begins with understanding your parents’ health and medical needs. Even if they are in good health, it’s important that your parents’ care and treatment preferences are stated in a living will and discussed with family members. Go over health needs, like medication and routine health care.

How can estate attorneys help with dementia?

Estate attorneys should help clients fiscally prepare for the possibility of disability or dementia by drawing up powers of attorney , healthcare directives, and living wills .

What are the things to consider when planning an estate?

When building an estate plan, you may have a variety of concerns, including the following: Maintaining an orderly administration of assets while you are living. Ensuring that your heirs and loved ones receive your assets. Helping to reduce or avoid conflicts and confusion.

Why is it important to have an estate plan?

It's important to have a solid estate plan in place to ensure that your loved ones receive your assets without a hassle or undue delay after your death. There are many questions you should ask prospective estate-planning attorneys before hiring one to craft your estate plan. Above all, make sure you hire an attorney who demonstrates ...

How to build an estate plan?

When building an estate plan, you may have a variety of concerns, including the following: 1 Maintaining an orderly administration of assets while you are living 2 Managing estate assets flexibly while you are living 3 Reviewing estates involving tenants in common or community property 4 Considering assets in multiple states 5 Examining small business assets 6 Naming your children’s legal guardian 7 Ensuring that your heirs and loved ones receive your assets 8 Helping to reduce or avoid conflicts and confusion 9 Minimizing legal expenses and taxes 10 Assessing wealth preservation

Is an estate attorney a tax advisor?

While an estate attorney's expertise may overlap with these fields, they may not be a general tax expert or investment advisor. Give yourself enough time to gain a broader, big-picture perspective on your estate plan and the logistical practicalities of implementing it.

Can a lawyer draw up a will?

Although any lawyer can draw up a simple will for straightforward situations, such as naming the beneficiary of one's 401 (k), seasoned trust-and-estate lawyers can help navigate more complicated situations involving several trusts and multiple heirs. 1:21.

Do lawyers draw up trusts?

Some lawyers merely draw up estate-planning documents, while others also execute the associated trusts. It's generally more efficient to retain a lawyer in the latter category, who can ensure that the correct assets are transferred into the trust.

What happens if my parents can't pay their bills?

If your parents get to the point where they’re unable to pay their bills or pay for their house, they could be in serious trouble. In order to be able to step in and help, it’s important to gather as much information as possible about their financial situation. Some important things for you to find out from your parents:

Is it important to talk to your parents about their health?

As daunting as it may feel, especially if your parents are still in good health and active, it ’s important to reach out and make that first move. It may be one conversation or it may be many conversations you have with them. As long as you discuss it, and start helping them to get things in order now, it will make for a smoother ride further down the line.

How to talk to your parents about their finances?

Finally, be open, be honest and be yourself. They’re your parents, after all. They probably won’t bite.

Can a power of attorney be used to handle a parent's affairs?

Power of attorney grants you the right to handle your parents’ affairs while they’re still living. Will executors are only able to fulfill the terms of the will after a person’s death. Get this part squared away first — the rest doesn’t matter much if you have no power to actually do anything with the information.

Can you be prescient while your parents are alive?

These issues can become prescient even while your parents are still alive if, heaven forbid, illness or senility makes them unable to continue to manage their own finances. It’s gonna be awful, no matter how you slice it — but having what you need organized ahead of time will offer some comfort and control.