Sunday, October 14, 2018

Does Divorce Have an Impact on Senior Care

One of the most frequent issues that senior law attorneys run into is a need to update a will or trust because of a divorce in the past. The common misconception that’s experienced is that just because an ex-spouse is removed from legal documents that all sorts of senior care problems will be resolved. Unfortunately, that is not always the case.

 

There are a lot of issues at play. Wills can stipulate an inheritance, but that inheritance might not be completely revoked if an ex-spouse is still named as a beneficiary on an insurance policy. There are a number of other scenarios like the one above that might make end of life decisions a lot more difficult than you would expect them to be.

 

Senior care is one of them.

 

Senior care can sometimes be a lot more complicated than it might seem on the surface. Working with a care team that you trust is important, but there are often other considerations that need to be made, too. Working with an attorney that specializes in elder law can be a good way to ensure that all of your bases are covered and that the surprises will be eliminated. This is a time of life that is supposed to be relaxing, but it can’t be like this if there are a lot of unsettled loose ends. The sooner that these issues are resolved, the more enjoyable retirement can be.

 

When it comes to senior care, you have control over what you want to happen as long as you remain the sole decision maker. Once power of attorney has been established, or if dementia creates a situation where you cannot make decisions on your own, then this can change.

 

Working with an elder law attorney can help resolve care issues.

 

Like so many other things in the world of senior care, being ahead of the game and acting in a preventative measure can eliminate a lot of trouble down the road. This isn’t something that is fun to think about, but doing so can be incredibly helpful.

 

The problem with this is that we cannot predict these kinds of things with accuracy. Even someone who is in great health could have a no-fault accident and need someone to make critical care decisions for them. Making sure that the right people are given this responsibility will go a long way toward giving you the peace of mind that you deserve.

 

The U.S. Supreme Court has made steps toward resolving this issue, and the situation is now a lot easier for elder law attorneys to handle. Still, if you have any questions, it’s important to speak with an attorney so that you can ensure that your assets and your care are all going to be handled the way that you want them to be. I am not an attorney and this is not legal advice. Still, I think that it’s important to be aware of the issues that you may face. Hopefully, problems can be avoided as a result.

 

For a list of elder care attorneys, contact your county’s Bar Association for more information.

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