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Cathy Brownfield
BellaOnline's Senior Living Editor

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End-of-life legal biz needs attention

Nobody wants to spend a lot of time thinking about end-of-life issues. However, these issues are as much a part of life as living is. As life becomes more complicated, it becomes more important to “take care of business” related to death and dying so we can get on to the “business of living.”

“You don’t understand how hard it is to do this!” an elderly mother said to her mid-life aged daughter.

“But if you don’t do it, it will cause problems later on,” the daughter said.

Ten years later, the mother and daughter repeated the conversation. The daughter pushed it. “This is something that needs to be done now, Mother.” She made an appointment with an attorney to get everything resolved: wills, living wills, executor nominations, powers-of-attorney, life estate, transfer-on-death deed. They discussed everything from joint-survivorship on bank accounts, investments and vehicles to her parents’ rights until their deaths. All that remained was signing them and making specific valuable items to recipients inclusive…family heirlooms, jewelry, artworks, etc.

Now the daughter could focus on some other important things like her parents’ daily care and well-being, nutrition, medications and safety. All of these things created a huge red arrow toward herself and her husband. With several children of their own, and even though they were “only” in their mid-50s, it seemed important to “take care of business” so they could get on with the business of living full lives.

What if there was an accident in which one or both of them died? Or were on life support and at risk of existing in a vegetative state for the rest of their lives? What if they had no insurance to cover expenses? What if one of them survived? Or if one of them had to go to a nursing home? How would they pay the bills or maintain the home—or would they lose it?

Yes, it was time to take care of the end-of-life issues so the children would have a game plan to follow rather than getting hit with legal issues that swallowed them alive.

A friend, at age 75, had gone the distance to set up transfer-on-death deeds, powers-of-attorney for each of her children so whichever one was closer to her had the authority at her passing, or could see to her safety needs when she no longer could discern them for herself. She was being realistic.

Your best bet is to consult with an attorney. You can consult with an attorney for $50 or with an elder care attorney including an elder law seminar for a pricey $250. Some attorneys will apply the consult fee to the total amount of their fees, which could run over $250. (These rates are from a particular region and may not apply to the where you live.

It’s your money. You are buying a service. You have the right to ask questions and expect to receive reliable advice and information that will enable you to make informed decisions. Exercise your consumer rights. See to your best interests for financial security. And ensure that your beneficiaries have the authorization at your demise to carry out your final requests.


For Seniors, Knowledge is Power
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Content copyright © 2008 by Cathy Brownfield. All rights reserved.
This content was written by Cathy Brownfield. If you wish to use this content in any manner, you need written permission. Contact Cathy Brownfield for details.

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