Caregiving 101: Understanding the Basics of Estate Planning
Learn about wills, trusts, powers of attorney, and more to help you make informed decisions and ensure your loved one's assets are protected.
Finance
Estate planning is an essential process that provides peace of mind for a family caregiver and their loved ones. Estate planning for caregiving can be more complex and might seem complicated to comply with local estate planning law. Having an estate plan in place can alleviate some of the stress of caregiving and guarantee that your family follows your wishes. So what do you need to know about estate planning?
Estate planning refers to arranging how an individual's assets will be managed and distributed after death. Estate planning involves the creation of legal documents such as wills, trusts, and powers of attorney to ensure that an individual's assets are distributed according to their wishes and that their affairs are managed appropriately after their death.
Estate planning also involves:
The specific components of an estate plan can vary depending on an individual's assets, family situation, and personal preferences. It is generally recommended that estate planning be done with the assistance of an attorney or financial planner.
The most critical aspect of estate planning for caregivers is planning for incapacity. If you cannot make them yourself, choose who will decide. A plan can be vital in caregiving because you may need someone to make medical or financial decisions if you cannot for yourself or your loved ones.
Understanding what is best for your family can be challenging. When you create an estate plan, you need to have specific goals. A legal or financial advisor can help you decide what priorities matter the most. Work with an estate planning attorney. They will check documents are drafted correctly and accurately reflect your wishes. Take the time to become familiar with how estate planning can help your unique situation.
So what are the goals of estate planning? There are five primary objectives for a family caregiver:
If you are a family caregiver, it's essential to consider your care recipient's needs when estate planning. Guarantee they have adequate financial resources and will be taken care of if something happens.
Good communication is vital when it comes to estate planning for caregivers. Communicating your wishes to your loved ones and confirming they understand your estate plan is essential. Avoid misunderstandings or disagreements down the road. You also need to provide for any dependents and care recipients. For example, if you care for an older parent, you must have provisions for their care. This added layer means that your estate needs to communicate needs.
It's also essential to communicate with your healthcare providers and financial institutions. Ensure they know your wishes and that you have designated someone to decide on your behalf if you become incapacitated.
A few documents can be used to plan for incapacity, including a durable power of attorney, a healthcare proxy, and a living will. Each has a specific purpose and will help you communicate your wishes.
A will is a legal document that outlines how a person's assets and property should be distributed after death. As a family caregiver, it's important to understand the basics of a will, especially if caring for an aging loved one. A will guarantees that your wishes are respected and that your assets are distributed according to your wishes.
Working with an estate planning attorney is vital to confirm the will is drafted correctly and accurately reflects your loved one's wishes. It's also important to regularly review and update the will to reflect changing needs and circumstances. For example, if you care for a disabled sibling but they need to move to a long-term care facility, you may need to change your estate plan to reflect this.
A durable power of attorney designates a person to make financial and legal decisions on behalf of another person. The designated person, known as the agent or attorney-in-fact, can continue to make decisions on behalf of the principal even if the principal cannot communicate or make decisions for themselves.
A durable power of attorney can be an essential part of estate planning for caregiving. It can secure that someone can make decisions on behalf of the caregiver or the person they are caring for if they cannot do so themselves.
A healthcare proxy allows you to designate someone to make medical decisions on your behalf if you can't. With a living will, the designated person, the agent, or the healthcare proxy makes medical decisions based on the principal's wishes and values.
A medical and healthcare power of attorney ensures that someone can make critical medical decisions on behalf of the caregiver or the person they are caring for if they cannot do so themselves.
A living will (advance directive) outlines a person's wishes for medical treatment if they become incapacitated or unable to make decisions. A living will covers a range of medical decisions, including end-of-life care, life support, and pain management. It can also specify who should make medical decisions on the person's behalf if they cannot do so themselves. Always confirm that your family and doctors have access to your living will in the case of a medical emergency.
A beneficiary designation designates who should receive certain assets or property upon the owner's death. This designation is typically used for assets that pass outside a person's will or trust, such as retirement accounts, life insurance policies, and certain bank accounts.
By designating a beneficiary, the owner confirms that the assets will go directly to the designated person without going through the probate process. It's important to keep beneficiary designations up-to-date and accurate to guarantee the assets go to the intended person or entity. The estate planning attorney checks that the beneficiary designations are coordinated with the person's overall estate plan and other documents.
What if you care for someone with a disability? One way to support your family is to establish a special needs trust. This type of trust is designed to provide financial support for a loved one with special needs without risking eligibility for Medicaid or Supplemental Security Income (SSI). By establishing a special needs trust, you can confirm that your loved one will continue to receive the care and support they need even after you can no longer provide it.
Estate planning is not a one-time event. Review and update your estate plan regularly to ensure that it continues to reflect your wishes and meets your needs. Your needs and circumstances may change over time. For example, if your loved one's condition worsens, you may need to revise your estate plan to reflect their changing needs.
Estate planning for caregiving can be complex, and getting professional help is vital. An estate planning attorney navigates the legal requirements and guarantees your estate plan is correctly drafted. By setting up an estate plan, you can rest assured that your loved ones will be cared for long-term.
It is never too late to develop an estate plan, but the earlier you start, the more options you will have. Ideally, people should begin the estate planning process when they are younger and healthy and continue to update their plan as their circumstances change.
However, even if you have yet to start planning your estate and you are older or have a health condition, it is still possible to create an effective plan. The key is to act quickly and work with an experienced attorney or financial planner who can help you understand your options and develop a plan that meets your needs and goals.
It's worth noting that if an individual becomes incapacitated without an estate plan, their loved ones may need to go to court to establish guardianship or conservatorship to manage their affairs. This can be time-consuming and expensive, so planning as early as possible is essential.
Katie Wilkinson is the Head of Marketing at Givers. Watching her dad take care of her mom when she was sick gave her a front-row seat to witness the weight of being an unpaid caregiver. Katie is passionate about the intersection of healthcare and technology, and making sure that unpaid family caregivers get the care and support they deserve.
