Can I Help My Aging Parent?

Elder law as an area of law is fraught with sadness and many issues. Watching loved ones age and not be able to handle their affairs as well as they once did is very hard.

If you start to sense that your parent is not doing well or seems to have a harder time managing their life, please consider asking him or her if they have estate planning documents in place.

Estate planning documents like a Will, Living Trust, Durable Power of Attorney and Advance Health Care Directive are very important. Having these 4 documents in place can make it easier to manage someone's affairs while they are still alive, but are slowly losing their ability to manage their own life.

A Durable Power of Attorney allows someone to manage someone else's financial affairs while they are still alive.

An Advance Health Care Directive allows someone to manage someone else's health care decision making in the event they are unable to make their own decisions. It is also where you indicate wishes with respect to end of life choices, funeral wishes, primary care doctors, organ donation and autopsy.

A Will is a document to name who should get what when you pass away. You also appoint an executor to handle your affairs when you die. A Will is only effective when you die. A Will goes through probate though.

A Living Trust allows someone to privately manage the assets in the Living Trust in accordance to your wishes while you are alive but not doing well and upon your death. A Living Trust avoids probate.

Generally, having all 4 documents allows your loved ones to manage your overall well-being without court involvement.

So, be the brave one and ask your dear parent if they have their documents in place? If not, kindly suggest that they contact an estate planning attorney to get their affairs in order while they have their wits about them.