Elder Law – Ric Blackwell Law

Estero Elder Law

owner — Sat, 08 Aug 2020 21:39:24 +0000

What Unmarried Seniors Need to Know About Estate Planning

Most people don’t like to think about what will happen when their parents and grandparents pass away. For many families, the time to grieve will also be a time to take on new roles: one will be tasked with distributing property, many will become beneficiaries, and some may even be entrusted to care for children.

But for unmarried seniors, these roles may fall to relatives they don’t trust—or have never even met.

What Unmarried Florida Residents Are Risking Without an Estate Plan

A recent Wall Street Journal article pointed out that over half of women and a quarter of men over age 65 were unmarried, amounting to an estimated to 18 million divorced, widowed, or never-married seniors. While estate planning is important for all people, there are a few special considerations that should inspire single seniors to create their wills:

Power of decision. Those who have children or a living spouse may be relying on their families to make decisions for them if they are incapacitated. However, if a single property owner has not appointed someone to take over his medical and financial affairs, these responsibilities could potentially fall on any one of his relations. If you are single senior who falls into a coma or suffers from dementia, all of your assets (as well as plans for your future medical care) could go to any person appointed by the state without your approval.
Account beneficiary. While people may be required to name beneficiaries on their retirement accounts and life insurance policies, the person who inherits the amount in your bank accounts and stock investments may not be as clear-cut (and if you did not amend the beneficiary after your divorce, an ex-spouse will inherit the amount).
Inheritances. The law will generally favor a spouse if a married person dies without a will. For unmarried people, assets generally pass to your children, then to your parents, then siblings, and finally to distant relatives. If you have no living family (and you have not declared your wishes in a will), your assets will then become property of the state.

For this reason, it is important to create an estate plan as early as possible. At the very least, property holders should have a will that specifically states who is authorized to make your medical decisions, how your assets are to be distributed after your death, and who should act as the executor of your will. You should review this document every five to ten years to make sure your choices have not changed.

If you need help amending or creating a will, I can help!

Estero Estate Attorney

owner — Mon, 26 Aug 2019 22:09:54 +0000

You never really thought about your parents getting older, until one day your father had a sudden heart attack. He recovered, was put on medication, and went home fully recovered—but you know one day he won’t be so lucky. You keep thinking: what if he had slipped into a coma without leaving instructions on what to do—or worse, if he hadn’t survived the attack? Do you know what his wishes would have been?

How to Discuss Wills and End-of-Life Wishes With Elderly Relatives

Many families are reluctant to think about what might happen to their loved ones in an emergency, but as our relatives age, those emergencies become inevitable. The choices your parents make about their end-of-life care and finances will affect them while they live, and will affect your family long after—and while these conversations are necessary, it’s hard to bring them up without hurt feelings.

Consider these tips before asking a loved one about his will or end-of-life wishes:

Pick a messenger. A parent may be more defensive when asked questions from his or her child than if a grandchild takes the first step. If the grandchildren are in their twenties or thirties, they may be able to ask their grandparents engaging questions that make them think about their future more critically.
Change roles. Imagine your own children are asking you the sensitive questions you want answered. How would you want them to approach the subject? Would you be shocked or offended, or just feel threatened? Which one would you entrust with the details and execution of your will?
Keep them in control. Many seniors feel that discussion of their property after death signals a loss of independence. Make sure they know that you respect their authority and that you will follow whatever directions you are given. You can reinforce their independence by asking their advice on your own affairs, including your own will and trusts, to let them know you are taking the same precautions.
Tackle the topic piece by piece. The conversation may be a bit “out of the blue,” so don’t expect answers all at once. The best approach is to ask a few questions or talk briefly, then return to the subject when they have had a chance to make some decisions. It is up to you to continue the discussion, so revisit the timeline within a few weeks.

Although there may be some awkwardness at the beginning, many seniors and their family members feel better after discussing these topics because they have the comfort of knowing there is a plan in place. If you need help with your family’s estate planning or drafting a living will, there is help available. Call Ric Blackwell to provide you with competent and compassionate advice.

How To Broach The Topic Of Wills And Estate Planning With An Elderly Parent

Estero Elder Law Lawyer

owner — Wed, 26 Dec 2018 21:30:57 +0000

How Can I Keep My Elderly Parents Safe from Serious Injury?

Your mom has tripped over things before, but it’s definitely different this time. It’s taking her longer to heal, she’s afraid of going outside—and she still can’t explain exactly what happened. It could have been just a mistake, or it could mean her eyesight is failing or she can no longer feel her feet. Whatever the cause, you know it’s time to begin seeing your parents as senior citizens—and taking proper precautions to protect them from unnecessary injuries.

How You Can Help Protect Seniors from Suffering Accidents

Take it slowly. You didn’t notice your parents were getting older until recently, so it will likely come as a surprise to them, too. Your interventions should be gradual, taking care not to hurt your parent’s feelings. When you make suggestions about switching to healthier foods or making additional doctors’ appointments, make sure you stay positive and don’t criticize.
Teach; don’t take over. You don’t want your parents to suffer a loss of independence, so look for ways they can take care of their own health. Give them stickers to color-code their pill bottles and tops to avoid a medication mix-up, and install grab bars and non-slip floors in the bathroom.
Get specific. Many seniors are injured because they feel that they should be able to solve their own problems, even the ones that require physical labor. You can prevent this by offering your own services—mowing the lawn, driving your mom to the grocery store, or planting flowers—and commit to specific dates and times when they will be done. If you (or your children) cannot be relied upon, consider hiring house painters, roofers, or other cleaning and repair services.

What to Do If Your Elderly Parents Need Legal Protection

Unfortunately, there are many people who prey on seniors, attempting to steal their retirement funds or to take advantage of their kindhearted natures. In addition to keeping your loved ones safe from injury, you should also make sure that their finances and assets are protected, both during their lifetimes and after. If you need help creating a will or allocating your property, click the contact link on this page to set up a consultation with a Lee County elder law attorney.