Posts Tagged ‘Orange County Elder Lawyer’

Orange County Elder Lawyer Helps You REALLY Talk To Your Parents

Tuesday, August 16th, 2011

Talking to parents can be very difficult. In fact, it can be more difficult to have a deep conversation if you’re really close to your parents, because frequent communication and closeness means that important subjects often get placed on the back burner, and patterns of communication take the place of authentic talks built from the ground up. It takes effort to cut through normalcy and initiate difficult conversations, but it’s something that has to be done.

Not Wanting to Think About the End of It All

A few months ago the New York Times ran an article about an attorney in Seattle who had never even thought about forming an estate plan until the issue was forced upon him by life circumstances. At that point, the decision to formulate a plan involved a great deal of input from the attorney’s daughter—a woman who would certainly be influenced by the plan. The moral of the story is that it’s incredibly easy to fail to plan . . . even for attorneys who are trained and understand the importance of establishing a comprehensive plan.

Reasons to Broach the Subject of Estate Planning

So far in 2011, at least ten states are investigating the non-payment of life insurance proceeds by some of the largest insurers in the country. Several states (including Florida and California) have even held public hearings on the issue. This leads to an obvious question: How can insurance companies get away without paying the proceeds of life insurance policies? The answer is simply that many beneficiaries don’t know they’re beneficiaries and, therefore, don’t demand payment from the insurance companies. This is one reason why you need to know (i) if your parents have an estate plan, and (ii) what that plan looks like. Your parents worked hard to pay premiums and create real wealth. It would be a shame for that wealth to go somewhere other than where your parents intend it.

If that’s not enough, it is very, very sad to think that more than $32 billion of unclaimed property is currently held by state treasurers. The property consists largely of cash held in bank accounts, and sooner or later, it’s likely that the cash will end up belonging to the state. You don’t want that to happen to your property, nor do your parents. Trust us.

The Essential (but often forgotten) Documents

Estate planning attorneys often talk about the importance of wills and revocable living trusts. We’re no exception to that rule. Those documents are critical. What’s often overlooked, however, is discussion of “letters of instruction.” A letter of instruction provides the executor of an estate with critical information. A letter of instruction will ensure that the executor has the names and contact information of attorneys, accountants, and financial advisors. While wills should be stored in safe places such as safety deposit boxes, a letter of instruction should be more readily accessible, particularly if it contains instructions on funeral arrangements. A letter of instruction makes sure that wills and revocable trusts are found, and it goes a long way toward making sure that wishes are fulfilled.

Essentially, a letter of instruction is one last chance for your parents to tell you what to do!

Getting the Plan in Place

Your parents worked hard to acquire their assets, and they should be made aware of the consequences of failing to plan adequately. It’s not a matter of selfishness on your part to mention estate planning to them. Rather, it’s a matter of doing what must be done . . . as a family. You and your parents want to know that their life’s work will benefit your family first and foremost.

Call us today to schedule your Family Wealth Planning Session. Our Family Wealth Planning Session normally runs $750 (and we fill up fast at that rate), but this month I’ve made space for the next two people who mention this article to have a complete planning session with me at no charge. Call today and mention this article. We’ll help you get the ball rolling.

Orange County Elder Lawyer Asks, “Are You Really Retirement Ready?”

Friday, April 15th, 2011

Playing a round of golf whenever you want…

Traveling to those exotic destinations you’ve always dreamed of…

Spending precious time with grandchildren…

Those are all the things most of us think of when we think of retirement.

But being ready to retire means more than just reaching a certain age or renewing your subscription to Travel & Leisure.

You need a plan.

And with the current economic conditions, it better be a good one.

There are three things you need to seriously consider when planning for your golden years of retirement:

1.              When you stop working, how much will your annual income be?

2.              What will your monthly expenses be when you retire?

3.              If you don’t have enough income to pay your monthly expenses, will you have enough money saved to make up the shortfall?

Here’s how to arrive at your answers to these questions:

Income

First, get an estimate of your Social Security benefits.  Next, look at your monthly pension benefit and any income you expect to receive from annuities or other investments such as annuities.  Compare what your monthly benefits would be if you retire at age 62, 65, 67 or 70.  Then decide if waiting for a later retirement date would be worth the extra money each month.

Expenses

You need to decide what you really (really) need to retire.  That means taking a cold hard look at what is a necessity and what is a luxury.  The basics would be housing, healthcare, food, transportation, personal care and insurance.  Decide what you can actually afford to pay in order to maintain the essentials.  Be conservative but be realistic.  Don’t tell yourself you can live on macaroni and cheese and hot dogs when you know you’re not really going to do that.

Remember that anything beyond the six categories named above is a discretionary expense.  While you may have dreamed of traveling to exotic locales or playing golf at Augusta, those things aren’t necessities.  Traveling to see the grandchildren once a year could be seen as something of a necessity; a photo safari in Africa is not.

Making Up The Shortfall

In a perfect world, your Social Security and income from pensions or investments will pay all your expenses and give you a little extra cushion to make life comfortable.  Unfortunately, that’s more likely the exception than the rule unless you’ve been exceptionally good at saving and started planning for retirement early on in your working career.  You will more than likely need some extra income to provide for anything beyond the necessities.

And that’s where many people get into trouble.  They convince themselves that they can live more modestly than they really can and retire too soon.  When reality sets in, they start making withdrawals from their investments and retirement plans and spend entirely too much.  They run out of money before they run out of time.  Never put yourself in a position to have to withdraw more than 4% or 5% per year from your investment portfolio.

The Hard Choices

Once you’ve crunched the numbers, you may find that your retirement goals need to be modified.  You may need to work longer, move to a less expensive house, or consider taking a part-time job to make up the difference in what you have and what you need.  Bear in mind that everything may not go according to plan.  You may develop health issues and that may mean retiring sooner than you expected to.

The best thing you can do for yourself and your family is to start planning now to handle what the future may bring.

Call us.  We can help you get connected to the right professionals to develop a sound retirement plan.

 

 

Orange County Elder Lawyer Discusses The Kindness of Being Prepared

Wednesday, March 2nd, 2011

By Darlynn Morgan, Orange County Elder Lawyer

Nursing homes…

Assisted living centers…

At-home assistance…

These are all options for medical care when we age and can no longer care for ourselves alone.

But there is one more approach for medical care for those facing a terminal illness – hospice care.

More than just a place to receive medical care for terminally ill patients, hospice really describes an approach to medical care for patients nearing the end of life.

The prospect of facing a terminal illness can be truly daunting for both you and your family members.  Planning ahead for hospice care and making your wishes known can be one of the kindest things you can do for your family.

What Exactly Is Hospice Care?

Many people think of hospice as a place to go for care rather than a system of care.  Hospice is more a shift in treatment to keep the patient comfortable rather than trying to cure their terminal illness.

Hospice care can be administered at assisted living centers, in nursing homes, hospice centers, etc., but 80% to 90% of hospice services are provided in the patient’s home.  The technology is now available to allow health care professionals to treat the patient’s symptoms in the comfort of their own home.  Some of the services provided by hospice include:

-           Pain and symptom management

-           Drugs, medical supplies and equipment

-           Training for caregivers

-           Arrangements for respite care when the family caregiver needs to be away

-           Help with day-to-day chores and activities

-           Counsel with end of life decisions

-           Speech, physical and occupational therapy

And after the patient has died, hospice often offers counseling services to the loved ones left behind.

If I Choose Hospice Care, What Do I Need to Do?

If you elect to take advantage of hospice services, the kindest thing you can do for your family is to advise them of the decision.  Then you need to make sure your estate planning documents are in order so that if you reach a point where you can no longer make decisions, your affairs are arranged so that your family knows exactly what to do.

Some of the documents you need to have in place are:

-           Durable Power of Attorney for Financial Matters to give someone you trust legal authority to make decisions for you if you are no longer able to make them yourself.  It also allows them to tend to your financial affairs, such as paying bills, paying taxes, handling real estate transactions, if you are no longer able to do so.  If you fail to give someone authority to handle these matters and your health takes a sudden turn for the worse, you can lose access to valuable assets.

-           Advance Health Care Directive allows someone to make medical decisions for you if you are no longer able to do so.  You really need to have this document in place.  Just because you have been married for 60 years, your spouse does not automatically have this decision making power.  The law assumes that if you did not give this power to them, you did not want them to have it.  Failing to appoint someone to make medical decisions and not telling them exactly what those decisions should be can cause your loved ones a          great deal of undue stress, conflict and turmoil.

-           Current Wills and Trusts are vital to ensuring that your estate is handled exactly as you would like.  Make sure your will and any trust documents are up to date before you reach a point where you are no longer able to make decisions or make your wishes known.  For      example, what would happen if you were in hospice and your healthy spouse suddenly died.  If you have a will that leaves everything to your spouse in the event of your death,   you could have a problem and not be physically able to make the correction.  Make sure    your will is current as soon as you elect hospice care.

-           Make sure your property is titled correctly.  Review your property titles with a qualified estate planning attorney.  If the titles to your real estate holdings are not done properly, your loved ones could spend months going through a costly probate process.  It can also affect whether or not you can go into a nursing home if you can no longer be treated at home.

-           Long Term Care is a subject you will have to research to determine what is available in your state.  You may be eligible for benefits from federal or state programs.  You will need to talk to a qualified estate planning attorney to see what’s available in your area and start the application process.  Don’t try to go this alone.  Enlist the aid of someone familiar with the process and you’ll save time and aggravation.

Hospice care can make the prospect of facing a terminal illness easier for everyone involved, especially if you plan well ahead of time.  If you think you might want to take advantage of hospice care if or when the time comes, talk to your Orange county estate planning attorney and make sure you’ve laid the proper ground work.  Planning ahead so that your loved ones aren’t faced with these choices when they’re already dealing with your illness can be one of the kindest things you can do for them.

Call us to schedule your Family Wealth Planning Session today.  Our Family Wealth Planning Session is normally $750, but this month I’ve made space for the next two people who mention this article to have a complete planning session with me at no charge.  Call today and mention this article.

5 Steps to Avoid Financial Strain When Caring for Aging Parents

Wednesday, January 26th, 2011

I wanted to share a link to this wonderful video I found online about having “tough financial conversations” with aging parents when it appears they do not have, or will quickly be running out of money, to cover their long-term care expenses.

In my opinion as an Orange County elder attorney, this issue is more problematic than ever.  With medical technology constantly improving and people living longer as a result, even the most financially-savvy individual can find their savings or retirement accounts sorely lacking in the later stages of life.

As you can imagine, this premature disappearance of funds often comes as a shock to individuals who have saved most of their adult life to ensure they would not be a burden on their family when retirement came.

Yet the sad reality is that family members often have to step in when it appears elderly parents can no longer support themselves.

The most important thing is to not let this take you by surprise.  As this video suggests, families should plan ahead and get a mutual understanding about what would transpire if mom or dad suddenly needed financial help.

This will ultimately help to avoid last minute scrambling, tension and financial catastrophe if important medical or long-term care expenses are in jeopardy of going unpaid.

You can watch the video here and be sure to come back to my blog to let me know what you thought!

Of course if you need further assistance in preparing for your parent’s financial future such as advanced asset protection planning, Medi-Cal planning or general estate planning, I invite you to give me, your neighborhood Newport Beach elder attorney, a call at (949) 260-1400.  With the mention of this article, you can come in for one of my comprehensive Family Wealth Planning Sessions to discuss the needs of your aging parents.  However, these sessions are limited to 10 per month so call today!

Orange County Elder Lawyer Explains How To Plan An Effective Family Meeting

Tuesday, December 28th, 2010

As an Orange County elder lawyer, I know that too often we handle family issues in crisis management mode.

We wait until the unthinkable happens…a fall, a sudden illness, or even a death, and then everyone goes into emotional overdrive, sometimes with catastrophic results.

If we really want to take care of our families and do the best we can for them, we need to be proactive and discuss our concerns before the worst happens.  One of the best ways to do this is with family meetings.

If you are already dealing with a sudden illness or family infighting, planning a meeting may seem like a luxury.  But if you take these few steps, you can make the best of what little time you have available to plan and make sure that your loved one’s needs are properly met:

  • Don’t expect to take care of everything right way in one meeting.  Plan to move in small steps;
  • Set a goal for each meeting and make sure that everyone involved agrees on that goal ahead of time;
  • Meet in a neutral location that is comfortable for everyone attending.  If everyone who needs to be involved cannot be there physically, arrange for a conference call.  Conference call services are available through your local telephone company and it’s really easy to do;
  • Limit your meeting to no more than seven people and only close relatives;
  • Due thorough research on the subject to be discussed (for instance, nursing home options, treatments available for the illness affecting your loved one, etc.) and share your findings ahead of time with everyone who will be attending either by email or regular mail;
  • If you are meeting to discuss estate planning,  bring the appropriate documents with you; and,
  • Prepare and stick to a short agenda that gives everyone time to speak and voice their thoughts and concerns (within reason, of course).

And most of all, as an Orange County elder lawyer, I want to remind you this is a meeting.  Stick to your agenda, keep everyone on point and you will make the best possible use of the limited time you have available to take care of your family properly.

Orange County Elder Lawyer Answers, “What is Long Term Care and Why Do I Need To Think About It Now?”

Friday, October 15th, 2010

As an Orange County elder lawyer, I help people plan for long-term care costs every day.

Long-term care can include any service that helps people who have a prolonged illness. The illness can be a physical disability or a cognitive impairment such as Alzheimer’s disease or Dementia.

The services may include help with activities of daily living, home health care, adult day care, hospice care, nursing home care, or care in an assisted living facility.

The level of assistance required can include physical therapy, administration of medication, and help with daily activities such as bathing, eating, and dressing.

However, paying for long-term care is another story.  In fact, for most people, paying for long-term care can be financially devastating.

Contrary to what many people believe, Medicare rarely covers costs associated with long term care.  And in the majority of cases, these costs are astronomical. According to the U.S. Department of Health and Human Services, the average costs in the U.S. for long-term care include:

  • $198/day for a semi-private room in a nursing home
  • $219/day for a private room in a nursing home
  • $3,131/month for care in an Assisted Living Facility (for a one-bedroom unit)
  • $21/hour for a Home Health Aide
  • $19/hour for a Homemaker services
  • $67/day for care in an Adult Day Health Care Center

And unfortunately, it’s so easy to think that because you are now young and healthy you don’t need to worry about long-term care, but consider these statistics:

  • Life expectancy after age 65 has now increased to 17.9 years, up from 1940 when life expectancy after 65 was only 13 extra years.  The longer people live, the greater the chance they will need assistance due to chronic conditions.
  • 44% of people reaching age 65 are expected to enter a nursing home at least once in their lifetime and 53% of them will stay for one year or longer.

So, the bottom line is that millions of us are going to need long-term care.

That’s why it is important to put an estate plan in place that will protect your assets if you become disabled.  I’ve seen far too many instances where a family has waited until a crisis strikes to take action.  And at that point it’s too late to save their assets and income from the hands these long-term care facilities.

But instead, you can talk to an estate planning attorney now to ensure your bills will be covered in the long-run without losing your house, your assets or other income sources in the process.

To get started, simply call me, your neighborhood Orange County elder lawyer at 949-260-1400 for a free Family Wealth Planning Session.

Together we’ll walk through the complicated world of long-term care planning to ensure your family is protected when they need it the most.  I look forward to hearing from you.

Orange County Elder Lawyer Helps You Decide If Your Aging Loved One Needs Long Term Care

Thursday, September 9th, 2010

By Darlynn Morgan, Orange County Elder Lawyer

As an Orange County elder lawyer, I know it’s hard to think about, but imagine one of these scenarios…

Your mother falls, breaks her hip and requires hospitalization and long term follow up care…

Your spouse repeatedly wanders off and gets lost…

Your grandmother has lost an unusual amount of weight and refuses to leave home…

At some point, each of us will be faced with one of these issues in some form or fashion. The tipping point in deciding whether or not a loved one needs long term care can come at any time and in ways we never imagined. 

If we’re smart we’ve planned for it, but in many cases making the decision to obtain long term care is done in response to an emergency situation.  That makes the decision that much more difficult and can lead to making mistakes with serious consequences. 

To help you plan ahead for any of these unsettling mishaps and make the decision quickly, carefully and in the best interest of your family, here are a few things to consider:

Warning Signs of the Need for Increased Care

If your loved one is exhibiting any of these warning signs, you need to start planning now for their care before you have a crisis on your hands:

  • Difficulty walking – unsteady on their feet – recent fall(s)
  • Poor grooming or personal hygiene – soiled clothing
  • Loss of appetite – changes in eating/cooking habits
  • Spoiled or outdated food in the refrigerator – little or no nutritious food in the home
  • Diminished driving skills – recent accidents – near misses
  • Loss of interest in activities they once enjoyed
  • Reluctance to socialize
  • Poor concentration or poor judgment
  • Memory loss, forgetfulness or confusion
  • Mishandled medications
  • Persistent fatigue and lack of energy
  • Changes in personality – irritability – sudden mood changes
  • Unopened mail, past due bills, mishandled finances
  • Poor housekeeping and home maintenance – unsafe conditions in the home

Deciding What Kind of Help Your Loved One Needs

While any of these warning signs means you need to pay closer attention to what’s going on with your loved one, some of them may be signs of a problem that’s correctable.  They could be caused by drug interactions or side effects.  Consumer Reports recommends that any new health problem in the elderly be considered to be drug induced until you can prove that it wasn’t. The elderly tend to take a variety of different medications, and any of them can interact poorly with the others if not monitored properly.  Make sure that it’s not a correctable problem before you take drastic measures.

If you’ve taken the proper steps and precautions and your loved one’s problem cannot be easily corrected, you need to decide what type of living arrangement is best for them. 

Can they remain in their own home? If so, do you know what kind of nursing assistance is available to them? 

Is assisted living or nursing home care a better choice? 

What specialized care will they need and how often? 

Do you know what community resources are available to help you manage their care?

All of these questions need to be answered and the best course of action is to start gathering information now, before you’re in reactionary mode.  Crisis management makes it far too easy to miss resources and care options that a good plan will have laid out. 

And remember, each caregiving situation is unique.  These are just the first steps in helping you manage it all.  Without a sound plan in place, all the decisions and options can be overwhelming.  And you have to remember to take care of yourself and your immediate family as well.  We can’t say enough about how important a good plan is to making a difficult situation better for everyone involved.

Regardless of your current circumstances, if you have an elderly family member you could be looking at a crisis of care at a moment’s notice.  Proper planning can make you feel much more confident that you’ve made the right decisions.  Call me, your neighborhood Orange County elder lawyer at (949) 260-1400 to schedule your Family Wealth Planning Session today.  We can explain your care options, assist with Medicaid planning, and help you use all the resources available to you for planning your loved one’s estate in a way that will help take care of the costs for long term care. 

Our Family Wealth Planning Session is normally $750, but this month I’ve made space for the next two people who mention this article to have a complete planning session with me at no charge.  Call today and mention this article.

When It Comes To Medicaid Planning, Now Is Always Better Than Later Says Orange County Elder Lawyer

Tuesday, July 6th, 2010

As an Orange County elder lawyer, I often hear people exclaim during their planning sessions “I hope I never end up in a nursing home!”

How many times have you said it yourself?

The loss of personal freedom as well as the potentially devastating financial cost can be a scary proposition.  Depending on where you live and the level of care you need, nursing homes can cost between $35,000 and $150,000 per year.

Long-term nursing care can be devastating to a family’s financial life for generations.

Pro-active planning, in advance if possible, can help protect what you’ve worked so hard for so you can leave it all to your family instead.

Pro-active planning for long-term nursing care can be done in one of two ways: 1) purchasing long-term care insurance or 2) by making sure your assets are structured so you are fully eligible to receive the benefits you’re entitled to under the government’s Medicaid programs.

Medicaid, not to be confused with Medicare is, for all intents and purposes, the only “insurance” plan for long-term institutional care in the United States.

For those lacking the financial resources to pay privately or to pay for coverage under a private long-term care insurance policy, they can pay out of their own pockets for long-term care until they become “impoverished” under the program guidelines and become eligible for Medicaid.

Medicaid and Medicare may sound similar but they are very different programs.  Medicare is a totally federal program.  As a retiree, if you receive Social Security benefits, you’re also entitled to Medicare as your health insurance.

Medicaid, on the other hand, is run jointly by the federal and state governments and is based on need.  As with pretty much any federal or state program, the process of applying benefits can be confusing.  The Medicaid eligibility rules differ by state and change constantly.  If you’re not in immediate need of long-term care, you may have the luxury of distributing or protecting your assets in advance and protecting your eligibility for Medicaid benefits.  This way when you do need long-term care, you’ll quickly qualify for Medicaid benefits.  We utilize a number of strategies and tools to proactively plan for your Medicaid eligibility and preserve your assets for your loved ones.

Medicaid planning, as well as a Will, Trust (if you own assets that would go through probate) and a Kids Protection Plan should be a part of your comprehensive estate plan.

It’s always amazing to me how many Orange County elder lawyers claim to understand the complex Medicaid rules, but really do not.  What that means is that your family could end up paying anywhere between $3,000 and $7,000 per month out of pocket for care that could have been covered by the government.

Preparing your assets to be eligible for Medicaid is not something you can do yourself. It’s complicated and can be extremely costly if you get bad advice.

If you or a family member is over the age of 65 or ill, call us to schedule your Family Wealth Planning Session with or Orange County elder law firm today so we can identify what needs to be done to protect your assets for your loved ones and your Medicaid eligibility.  Our Family Wealth Planning Session is normally $750, but this month I’ve made space for the next two people who mention this article to have a complete planning session with me at no charge.  Call today and mention this article.

Southern California Probate Attorney / Estate Planning Lawyer / Wills & Living Trusts Law Firm
Serving: Los Angeles, Orange County, Riverside, San Bernardino, San Diego & all of Southern California

The estate planning law firm of Morgan Law Group, apc serves all cities in Orange County, including: Aliso Viejo, Anaheim, Balboa Island, Brea, Buena Park, Capistrano Beach, Corona Del Mar, Costa Mesa, Coto de Caza, Cypress, Dana Point, as well as estate planning in Foothill Ravnch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, and estate planning and probate in Los Angeles, Mission Viejo, Newport Beach, and estate planning and probate law firm information in Orange, OC, Placentia, Rancho San Margarita, San Clemente, Santa Ana, Seal Beach, Tustin, Villa Park, Westminster, and Yorba Linda.