Surprisingly, a recent study from Liberty Mutual showed that 84 percent of seniors are open to talking about the safety of their driving, but that only six percent have actually had the discussion. As Liberty Mutual put it, “Seniors are open to driving conversations, but their children are avoiding it.”
Straightforward conversations about so-called “difficult” topics can alleviate misunderstanding, and they may help families avoid future litigation. Family members often welcome the opportunity to discuss important, if sensitive, issues more than you might expect.

Many families also have Advance Health Care Directives in place – and if you are not sure whether or not your family members have one, you’ve found a good place to start the discussion. If your parents or family members are open to it, ask them to explain their wishes, motivations and concerns to you. Be prepared to discuss a range of specific medical topics.

Aging parents also need to take initiative to spark these conversations when they can. Estate plan conversations, for example, can seem daunting, but parents need to talk to their adult children about their plan. They have created it carefully. Now, to help ensure that the estate plan goes according to plan, parents should consider talking with their families about how to distribute assets and why they have made certain choices.

Some parents anticipate that the conversation might be difficult now, and that is a reasonable concern. But just imagine what emotions and conflicts could arise if a child or family member is shocked when the will is read. Explaining motivations and allowing discussion in a supportive environment can help everyone accept and prepare for the future.

The conversation itself may be difficult, but it can avoid adding stress, surprise or uncertainty at a later, more challenging time.
For more than 30 years, Gilfix & La Poll Associates LLP has innovated creative legal solutions to help you manage and plan the future of your estate.

To contact an estate planning attorney, visit http://www.gilfix.com/ or call (800) 244-9424.

He performed a face lift – a “lifestyle lift” – on an 82 year old gentleman with dementia and many other chronic illnesses. A two week stay in extensive care was needed to save the patient’s life.

While it would appear to be a unique incident that we brush off as one physician’s excess, it reveals a larger truth.

We must remember that physicians are in business. In this matter, the physician was employed by a health care chain based in Michigan. They no doubt had incentives, quotas, and rewards for financially successful physician staff members.

In fact, this is a matter of financial abuse. Regardless of whether this elderly patient or his surrogate gave permission for the operation, it was unnecessary and costly. Cognition was no doubt limited.

This happens everyday as vendors and business people of every stripe – from gardeners to home care providers to financial advisors – take advantage of elders who are simply unable to make reasoned financial decisions.

While we do not want to admit it, any one of us could fall victim to such intrusions and abuse as we age. None of us are immune.

What can be done?

Signing Advance Directives and Durable Powers of Attorney are essential steps. Sometimes more challenging is the question faced by the agent or surrogate: When is it necessary to step in and take over – or at least influence decisions?

These matters are addressed in well drafted Durable Powers of Attorney, Advance Health Care Directives, and revocable living trusts. The responsibility lies with the named agent or successor trustee to be involved and to know when to step in.

Pioneers of Elder Law – For over 30 years, Gilfix & La Poll Associates LLP has innovated creative legal solutions to help you manage and plan the future of your estate.
To contact an estate planning attorney visit http://www.gilfix.com/ or call 800.244.9424.

He performed a face lift – a “lifestyle lift” – on an 82 year old gentleman with dementia and many other chronic illnesses. A two week stay in extensive care was needed to save the patient’s life.

While it would appear to be a unique incident that we brush off as one physician’s excess, it reveals a larger truth.

We must remember that physicians are in business. In this matter, the physician was employed by a health care chain based in Michigan. They no doubt had incentives, quotas, and rewards for financially successful physician staff members.

In fact, this is a matter of financial abuse. Regardless of whether this elderly patient or his surrogate gave permission for the operation, it was unnecessary and costly. Cognition was no doubt limited.

This happens everyday as vendors and business people of every stripe – from gardeners to home care providers to financial advisors – take advantage of elders who are simply unable to make reasoned financial decisions.

While we do not want to admit it, any one of us could fall victim to such intrusions and abuse as we age. None of us are immune.

What can be done?

Signing Advance Directives and Durable Powers of Attorney are essential steps. Sometimes more challenging is the question faced by the agent or surrogate: When is it necessary to step in and take over – or at least influence decisions?

These matters are addressed in well drafted Durable Powers of Attorney, Advance Health Care Directives, and revocable living trusts. The responsibility lies with the named agent or successor trustee to be involved and to know when to step in.

Pioneers of Elder Law – For over 30 years, Gilfix & La Poll Associates LLP has innovated creative legal solutions to help you manage and plan the future of your estate.
To contact an estate planning attorney visit http://www.gilfix.com/ or call 800.244.9424.