Elder Law Report

Planning for Aging Parents: Legal Essentials for Aging Well


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Early Conversations and Legal Documents for Aging Parents: Jordan McIntyre emphasized the importance of discussing aging and estate planning early to ensure legal documents are in place. These crucial documents include powers of attorney and a will, which help manage assets outside of probate. Greg McIntyre highlighted the dangers of not having these documents, such as losing capacity and needing to go through guardianship proceedings to manage financial, legal, or healthcare matters.

Protecting the Home and Tailored Planning: Jordan McIntyre suggested a "lady bird" deed as a simple and powerful way to protect a home. Greg McIntyre added that a trust could also protect the home and other financial assets, stressing that each family's situation, assets, and needs are unique, requiring an individualized plan. They mentioned that foundational documents like a general durable power of attorney, healthcare power of attorney, living will, and last will and testament are mandatory to avoid future complications and forced guardianships.

Key Planning Tools and Consultations: Greg McIntyre further elaborated on essential planning tools, including deed protections like life estate deeds and ladybird deeds, as well as various trusts such as revocable living trusts and irrevocable trusts like Medicaid asset protection trusts. They concluded by offering consultations for families to create a tailored plan for their specific needs, which can be scheduled at mcelderlaw.com/scheduling


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Elder Law ReportBy Greg McIntyre, J.D., M.B.A.

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