Every adult is assumed to be capable of making his or her own decisions unless a court determines otherwise. If an adult becomes incapable of making responsible decisions, the court will appoint a substitute decision maker, usually called a “guardian,” but called a “conservator” or another term in some states. What Is Guardianship? Guardianship is a legal relationship between a competent adult (the “guardian”) and a person who because of incapacity is no longer able to take care of his or her own affairs (the “ward”). The guardian can be authorized to make legal, financial, and health care decisions for the…

A diagnosis of dementia, a category of diseases affecting memory and thinking that includes Alzheimer’s disease, can feel overwhelming and upsetting. You might worry that you will lose control over your life and ability to make your own decisions. Fortunately, receiving a diagnosis of dementia or Alzheimer’s does not mean that you cannot execute legal documents or make decisions about plans for your future finances and health care. People with dementia can execute legal documents to plan for their futures when they have the mental state — or capacity — to do so. Capacity refers to your ability to understand…

So, you are officially divorced. In starting this new chapter of life, you should update your estate planning documents as soon as possible. You may no longer be legally married, but divorce does not automatically remove your prior spouse from your will, trust, or beneficiary designations. Here are some items to consider updating: Change Your Advance Directives When you engage in estate planning, it is standard to complete forms such as a health care proxy or living will. Often, spouses will choose each other as their agents for making health care decisions if they become incapacitated. After a divorce, your…

As life circumstances change (births, marriages, divorces, and deaths), it may become necessary to make changes to your will.  If an estate plan is not kept up-to-date, it can become useless. The best way to make changes is either through a codicil — an amendment to the will — or by creating a new will. If you have small changes to make to your will (e.g., changing your executor or updating a name that has changed), a codicil may be appropriate. The benefit of a codicil is that it is usually less expensive than redoing the entire will.  If you have…

Most seniors prefer to stay at home as long as possible rather than move into a nursing home. For many families, this means eventually hiring a caregiver to look after an aging relative. There are two main ways to hire someone: directly or through a home health agency. Hiring directly When you hire a caregiver directly, you need to consider all the tax and liability issues. As an employer, you are responsible for filing payroll taxes, tax forms, and verifying that the employee can legally work in the United States. If you pay $2,400 or more in wages in 2022…

Most older Americans want to remain in their homes as long as possible.  For growing numbers of elders — and concerned family members — this is only possible with the help of a home care aide.  There are two basic types of aides and two ways to engage one: either through an agency or hiring one yourself. If you hire through an agency, ask questions to screen and vet the agency.  Then, use the following questions to interview the candidates they suggest or those you have found on your own: Can you provide me with your full name, address, phone number,…

As our parents get older, we must make tough decisions regarding their health care. It can be hard to know when to bring in professional support in the form of home care. Consider the following as you decide whether your aging parents need home care. What Is Home Care? Home care is professional, supportive care offered to seniors in their homes. Home care is intended to allow older adults to stay in their homes for longer as they age, as opposed to having to move to a nursing home or other facility. Home care is typically focused on personal care…

Caregiving is hard work and it is easy for caregivers to get burned out. Adult day care centers provide care and companionship in a group setting to seniors who need supervision during the day, allowing their caregivers to go to work or take a much-needed break. Often affiliated with another facility, such as a nursing home, home care agency, or medical center, adult day care centers usually operate Monday through Friday during business hours. In general, there are three types of centers: those that focus on social interaction, those that focus on health care, and special Alzheimer’s care centers. Adult…

How frequently you should review your estate plan depends on how old you are and whether there has been a significant change in your circumstances. If you are over age 60 and you have not updated your estate plan in many decades, it is almost certain that you need to update your documents. After that, you should review your plan every five years or so. But if you are younger, you do not need to do so nearly as often. Age Here are a few age ranges and what they mean in terms of estate planning: 18–30   Everyone needs a basic…

Creating and executing estate planning documents is just the first step. Once you have completed the documents, you need to know what to do with them.  All estate plans should include, at minimum, two important planning instruments: a durable power of attorney and a will. A trust can also be useful to avoid probate and to manage your estate both during your life and after you are gone. In addition, medical directives allow you to appoint someone to make medical decisions on your behalf. Once you have all these essential estate planning documents, you need to make sure they are…