By: Darlynn Morgan, Orange County Will and Trust Lawyer

As our parents get older and begin to lose their independence, many will turn to their adult children to help them navigate the complicated and costly world of long-term care.

Yet for adult children already caring for young kids of their own, this new role of “caregiver” can be in a difficult one to assume.   It’s no wonder this group of people is known as the “Sandwich Generation” as they are literally ‘sandwiched’ between the pressures of raising a family, holding down a job and managing mom or dad’s growing medical and financial needs.

As tempting as it is for Sandwich Generation Kids to bury their heads in the sand and deal with long-term care issues as they arise, failing to plan far enough ahead can cause your family to miss out on important benefits, long-term care opportunities and the ability to stay in control during mom or dad’s final years.

Here are 5 planning steps to help ensure your parents are afforded the most protection, flexibility and financial security during their golden years:

1. Find out if your parents have an estate plan and whether it’s been updated in the past 5 years- The will, trust, powers of attorney and health care directives your parents created years ago may not reflect their current wishes and long-term care needs now. Find out what they have in place and have it reviewed by an attorney here in Orange County to ensure their documents have stayed up to date as their life and the law has changed trough the years.

2.   Determine How You’ll Pay For Long-Term Care- Nursing home and assisted living facilities can cost up to $8,000 a month and Medicare will not pick up the tab.  In-home care can be equally burdensome for the average family. Medicaid may pay, provided you are hovering around poverty level. The only other option is pay out of pocket—unless, of course, you plan ahead.  By acting in advance and not waiting until your hands are tied in a crisis, tools such as long-term care insurance, trusts and annuities may be available to help your parents pay for their care without losing everything they’ve worked so hard for.  Our law firm can help you determine the best course of action for you and your loved ones.

3.  Get The Legal Authority Now To Manage Their Affairs and Maintain Control-  If your parents do not have a powers of attorney or health care directives that allow you to communicate with doctors, access medical records and manage their financial affairs, it’s a good idea to create them now while mom or dad is still in good health. Otherwise, if a sudden medical crisis strikes or your parents no longer have mental capacity to sign legal documents down the road, you’ll be forced to petition a court for control (read: major time and money lost).

4.  Document Their End-of-Life Wishes- Thousands of families each year are torn apart trying to decide what their loved one “would have wanted” in serious medical situations.  Avoid the stress and conflict by asking your parents their wishes about things such as life support, feeding tubes, organ donation, etc. and legally document their choices to ensure everyone is on the same page.

5.  Get Organized Now To Avoid Last Minute Scrambling- Gather your parent’s important information now to avoid any confusion and delays in the event of a medical emergency.  Some important documents to collect would include their insurance information, front and back of all ID cards including drivers license, prescription cards and military ID card, prior medical history, names and numbers of doctors, copies of their living will, health care directives and a list of current medication and doses.

By being proactive and planning for these issues in advance, you can help make sure your parents always receive the care they need without worry or financial struggle.  You’ll further avoid many costly legal headaches that adult children face when they are not prepared for their parent’s incapacity or ongoing care needs.  It’s never too early to get started, so talk we invite you to call our Newport Beach estate planning and asset protection law firm to determine the best ways to protect your parents, their assets…and your own sanity during the golden years.

Estate planning attorneys in Orange County have to walk a careful line with clients.  After all, no one really wants to think about their own death.  These conversations can get even trickier when working with clients who have degenerative diseases.  Elder lawyers face this a lot with clients who are in the earlier stages of dementia and Alzheimer’s.

It’s Not Just the Elderly

But many younger clients also need to come to terms with their own health issues and what they need to do on an estate planning level in order to make sure their families are protected as their disease continues to advance.  For example, a client who has recently been diagnosed with MS may be feeling strong and well right now and therefore doesn’t see the need to plan for when things are not going as well.

Putting It Off

There are plenty of reasons that those with degenerative diseases don’t jump into estate planning as early as they should.  You can’t discount the desire to simply ignore the problem, for one thing.  Another common reason is that it seems like an unnecessary expense when you’re healthy.  Unfortunately, the cost of not being prepared becomes so much more of a burden if and when the disease begins to progress.

One of the main costs associated with putting off working with an estate planning attorney in Orange County is that of unexpected medical bills.  Not only are there treatments, doctors’ and specialists’ appointments, and pharmacy costs; but there is also a potential need for a healthcare worker.  While family members typically want to do as much as they can to help, the need for a home healthcare worker or a medical often cannot be avoided.  These costs mount so quickly, and if you don’t have a plan in place before the medical expenses start rolling in, they can’t get out of hand and destroy your family’s finances.

Another important cost is that of your family’s comfort.  Obviously, going bankrupt or constantly struggling to pay bills puts a huge strain on families, and when that is compounded by the grief of watching a loved one suffer, things can start getting even more difficult.  Now, add to that the need to make medical decisions on your behalf, and the situation can become nearly intolerable.

It’s Time to Step Up

So many of these issues can be lessened or avoided altogether by sitting down with an estate planning attorney before you get to the point where you feel like you “need” to.  This professional will help you protect your family’s assets from medical costs, for example.  He or she will also guide you through the process of setting up a living will and medical directives, relieving your family from having to make difficult decisions on your behalf.  Not only does it make a difference to them, but it also means that you have your say in what kind of care and treatment you will receive.

If you have been diagnosed with a degenerative disease, no matter what your age, it is time to meet with an Orange County estate planning attorney.  It’s the responsible thing to do, and even though it may be uncomfortable, it really does mean that you can save so much difficulty in the future for both yourself and your family.