Massachusetts Estate Planning & Asset Protection Blog

Tips for Protecting Your College Student in a New Semester Through Estate Planning

Posted by Dennis Sullivan & Associates on Fri, Feb 01, 2019

 

Even young people need estate planning

 

Whether your child is just beginning to receive college acceptance letters or is preparing to leave home for the upcoming semester, your child is planning ahead for his or her future. As a parent, protecting your child does not stop when he or she leaves for college. Your role in their life, however, may have changed. Once your child turns 18, he or she is considered an adult in the eyes of the law. Accordingly, your ability to help him or her with their finances or medical decisions may be limited. We know this can be a challenging and emotional time, which is why we want to share a few ways to use estate planning to protect your child when they are not with you.

The first step, and perhaps the most important one, is to talk to your child about their planning options. As a parent, it is important to express any concerns you may have about their safety and well-being. Try to remember that your child is now an adult and may be hesitant to allow you access to their bank account or medical records. Talking to them about the importance of creating planning documents, however, and sharing examples of scenarios where you would use your decision-making authority may help make this conversation easier.

After you have had this discussion with your child, we encourage you to think about your goals for your child’s protection and the types of planning documents you need. A durable power of attorney is a document that provides you with the authority to make decisions if a legal or financial situation arises while your child is away at college. This can be for simple matters, for example, if there are issues with your child’s lease or if you would like access to your child’s grades. It is important to keep in mind that if you do not have an established durable power of attorney, your child’s bank, college, or rental company is within their rights to refuse sharing your child’s information with you, even as their parent.

Finally, health care documents are a crucial part to any estate plan, particularly when it comes to your college student. If you do not have HIPAA authorization, for example, or a health care power of attorney set up, medical professionals could refuse to allow you access to your child’s medical records. Designating a health care power of attorney before your child leaves for college can help combat this issue from arising.

College is an exciting time for both you and your child. No matter where your child lives, however, accidents and unexpected situations can arise. By planning ahead and creating planning documents for your child’s protection, you can feel confident handling any circumstance that comes up. If you have any questions or are ready to begin planning, do not wait to contact our office or attend a free seminar to learn more.

 

Tags: 2019, grandchildren, heir, doctor, children, Single, college planning, New Year's Resolutions, health, Estate Planning Recommendations, living will

Do You Have A Support System?|Massachusetts Elder Law Attorney

Posted by Massachusetts Estate Planning & Elder Law Attorney, Dennis B. Sullivan, Esq., CPA, LLM on Fri, Feb 21, 2014

Support, Estate Planning

It’s a growing epidemic, the number of aging Americans who have no one who would naturally be their support system as their health declines and they need assistance.  A New York Times article the other day, titled “The Childless Plan for Their Fading Days”, highlights this problem and what some seniors are doing about it.

In our practice, we’ve seen an increase in single and/or childless seniors who need assistance.  According to a recent  AARP report, nearly 12% of women between 80 and 84 in 2010 had no children.  Coupled with the fact that many of these women are widowed, divorced or never married, they have no natural support system.  Who will step into the roles of financial and healthcare decision makers, when they need it?

This problem will become even more acute when we consider that the baby boomer generation, Americans between the ages of 50 and 68, who make up the largest percentage of the caregivers right now, will themselves need care in the next 20 years.  Here are some numbers to consider.

According to the same AARP report, the number of people ages 45 to 64, the peak caregiving years, is expected to increase 1% between 2010 and 2030.  At the same time, the population of over 80 Americans will increase 79%.  This means the number of potential caregivers per senior who needs care will drop from over 7 to 1 down to 4 to 1.  Add to that statistic the fact that baby boomers, on average, have fewer children than their parents and higher divorce rates.  Many won’t have that “natural” support system.

Where will the replacement come from?  Some will look to nieces and nephews.  But, being more distant relatives, that is often not a suitable solution.  Some will look to ex-spouses.  We’ve seen a number of clients who, while divorced, still live with their ex-spouses and have an emotional and/or financial attachment similar to a married couple.

But, what if that isn’t the case?  According to the New York Times article, some people are looking to communal or co-housing arrangements.  One woman looked to friends in her apartment building and designated them as her agent under power of attorney and health care representative.  Another man is taking the drastic step of moving from his home in California to a kibbutz in Israel that he has visited for years.  A kibbutz is a collective community in which the group cares for the individuals within it as a Socialist type society.

In some cases, people will look to professionals.  Geriatric care managers and daily money managers can be an excellent solution.  Longtime trusted advisors, such as attorneys and accountants are also an option for others.

One thing, however, is clear.  While it is always best to put a plan in place before a crisis hits, it is even more critical for those who don’t have any “natural”  support system.  No one will know what you want and if you don’t have the mental capacity any longer to say, then the legal system, ie. guardianship process, will determine what happens.  And that is not likely to be what you want.

This article can be found here

The New York Times article can be found here

At the Estate Planning & Asset Protection Law Center, we help people and their families learn how to protect their home, spouse, life-savings, and legacy for their loved ones.  We provide clients with a unique educational and counseling approach so they understand where opportunities exist to eliminate problems now as they implement plans for a protected future.

We encourage you to attend one of our free educational workshops. Call 800-964-4295 and register to learn more about what you can do to enhance the security of your spouse, home, life savings and legacy.

Click Here to Register For Our Trust, Estate & Asset  Protection Workshop

Tags: health care proxy, HIPAA, durable power of attorney, Beneficiary, assisted living, caregiver, 2014, Single

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