Michigan Elder Law & Estate Planning

Years of experience in management of long-term care crises is enough to convince anyone of the importance of planning. Working in the area of elder law generally and nursing home crisis situations in particular leads me to emphasize the importance of developing a plan for health care, finances and family to last through the retirement years. This type of planning is increasingly known as “life care planning.”

Life care planning is a comprehensive retirement, estate, and lifestyle plan. It encompasses all facets of estate planning, asset protection, health care, and retirement. The objectives of this planning can be as varied as the individual family, but in general the goal is to maximize resources, preserve independence, and avoid crises. Having assisted many families though nursing home crises, I am convinced that problems resulting from caregiver burnout, insufficient or inadequate health care, probate court fees, and financial waste can be greatly reduced or even eliminated with proper planning.

In order to be effective, a life care plan should be comprehensive. With respect to health care and the activities of daily living for example, an assessment of anticipated needs and possible solutions can be completed by a geriatric care manager. Geriatric care managers specialize in guiding seniors through everything from housing solutions to home health care to adaptive technologies for the home that can preserve independence and reduce the risks of accidents. The assistance of a geriatric care manager can ultimately save resources by getting the right care at the right time.

Geriatric care managers can work in tandem with elder law attorneys to maximize financial resources to provide the best quality of care and preserve an independent retirement as much as possible within the legal system. Increasing financial pressure on state and federal programs like Medicare, Medicaid, and the Veteran’s Administration has resulted in a steady increase of regulation. Asset transfers today are potentially subject to a five year period of scrutiny by the state. An elder law attorney can help seniors retain the enjoyment of their assets while at the same time freeing them from the scrutiny of the five year look-back period. Furthermore, proper planning can enhance the availability of government assistance with health care and other costs. Asset protection planning provides the means for handling your estate according to your needs and desires and frees you, as much as possible within the law, from the constraints and costs that the government seeks to impose.

Traditional estate planning can help to clarify goals for family wealth and allocate responsibilities for care-giving and surrogate decision-making. Establishing power of attorney for finances and health care can help to avoid probate court fees and preserve independent decision-making. Moreover, a customized estate plan can help avoid the problems that sometimes result when one adult child bears a greater share of care-giving responsibility and seeks reimbursement from the family estate. Clear planning avoids these controversies and keeps families united.

The goal of a life care plan is to achieve the best possible results for all parties involved. For seniors, it is matter of making their wishes for independence, health care, surrogate decision-making, and estate division known. It means keeping them involved, active, and independent in everyday life. For care-givers, a life-care plan provides fairness, options, and clarification. Few sources of stress are more acute than the care of an aging parent. Developing a plan and maintaining the best resources for revising the plan when necessary can reduce this stress as much as possible. And for medical care providers, a life-care plan provides the opportunity to focus on delivering the best care available under the circumstances with a clear understanding of the insurance, cost, and financing of care.

Optimal results are seldom achieved in a crisis. Stephen Covey, author of The Seven Habits of Highly Effective People, advocates attending to those things that are important before they become urgent because urgency generates error and stress. This is not the way to handle what is most important in life. Misunderstandings and missed opportunities are only the beginning of what can result from a failure to plan. By contrast, realistic planning with experienced professionals-elder law attorneys, geriatric care managers, and financial planners-helps seniors retain independence, receive the best quality of care, and have their wishes respected.