Q: What legal documents do I need to have in place as I age or if my spouse or I become ill?
A: Every adult should think about and put documents in place for their advance care planning. This means preparing for future decisions to be made about your medical care and assets if you are unable to make these decisions for yourself.
Senior Concerns is planning a virtual seminar held over Zoom on this exact topic as part of their “Legal Education for Elders” seminar series. The seminar “What Don’t I Know? Preparing For and Avoiding Legal Concerns As We Age,” will be presented by a local elder law attorney, Christopher Young, with The Alvarez Law Firm. The seminar is scheduled for Thursday, June 8th at 3 pm. You can register online here, or call Senior Concerns at 805-497-0189 for more information.
I asked Mr. Young what he thinks is the most important thing to know about advance care planning. He said, “There are many important things that often come as a surprise to my clients, but one of them is the fact that without an effective durable power of attorney even our spouses are unable to access certain assets in order to use them for our care or to simply manage our finances during a period of incapacity. This can be extremely frustrating and needlessly expensive to address, often requiring a court order or even a conservatorship when a power of attorney might have saved the day.”
Having worked with families with a loved one who has dementia, I have seen firsthand how this can happen and cause added stress for the spouse and create real barriers to getting what they need. Unfortunately, many people are not aware of these issues until it is too late.
Mr. Young shares, “Not one person has told me, in over 18 years of being an attorney, that they wish they had put off their estate planning even longer. Rather, there’s a genuine sense of relief when clients are able to check this off their ‘to-do’ lists. The alternative is that someone else, sometimes a judge or a doctor who doesn’t know your wishes, is left to guess at what is best for you.”
It can be painful to think about these topics, about what could possibly happen in the future. We would like to think we will remain in charge of our own decisions forever. Sometimes that is true, but sometimes it is not, and you deserve to have your wishes honored by stating them now, while you can.
Knowing where to start with this conversation can be overwhelming. Part of this is about thinking through what care you would want and not want, and who you choose to make decisions for you and handle not only medical care but also finances.
The Ventura County Coalition for Compassionate Care has resources to help you understand what is involved with possible medical care choices, and what questions to ask yourself. You can visit their website here.
You will also want to consult with an elder law attorney. As Mr. Young says, estate planning is not one size fits all and depends on many factors, including if you own property. You may be recommended to create a living trust versus a will to avoid the high costs of having a court administer your estate.
Senior Concerns and the Camarillo Healthcare District both offer pro bono legal services where you can make an appointment to meet with an elder law attorney to consult on these issues. This is a great place to start if you do not already have a trusted attorney.
Take the time now to reduce stress in the future. We carry health insurance, homeowner’s insurance and car insurance to protect us if something happens. Think of advance care planning as insurance to care for yourself and reduce stress on your loved ones if needed in the future.
Martha Shapiro can be reached at Senior Concerns at 805-497-0189 or by email at mshapiro@seniorconcerns.org.
