Getting Your Legal Affairs In Order Before a Crisis

By Terry Douglas, Maryland Elder Law Attorney

So, who will care for you when you can't? Who will make medical decisions about surgery or treatment? Who will decide where you will live? Pay the bills? Like most people, you've probably given this some thought, but haven't taken any action.

Life care planning is about an elderly man who is worried now that his wife of 50 years has died. He's heartbroken, lives alone, and becoming forgetful. Or, a mother who is in rehab recovering from hip surgery after a fall in the shower. She's lost interest in life, no longer eating, and losing weight fast.

Their bills aren't getting paid and the doctors won't communicate with the family. Why not? Mostly, because of privacy laws and because these older adults failed to put a plan in place.

They were surprised to learn that Medicare and their health insurance would not cover all their long-term care expenses. Now, they have to choose between aging in place at home with hired help or moving into a facility at a cost of $250 dollar a day (or $7,500.00 a month).

How do you plan? Each family is unique. Get started by

Gathering your important information, such as bills (mortgage, utilities), bank statements, medications, allergies, and emergency contact persons.

Make an appointment with a Maryland estate planning or elder law attorney to discuss your goals and a plan that meets your needs.

An attorney can also create a Maryland advance health care directive. You can authorize someone in your family to communicate with the doctor on your behalf and to carry out your medical instructions such as artificial life support, tube feeding or not, or blood transfusions.

An attorney can also create a financial durable power of attorney. You can name someone that you trust to take care of your legal and financial matters when you are unable to do so.

Look into purchasing a long term care insurance policy or rider to pay for future continuing care needs whether at home or at a facility.

When should you plan? Now, while you are competent and before there is a crisis. You don't want to wait until you become forgetful or diagnosed with a terminal illness. By then, it may be too late and more costly.

Tax tip Parental Deduction. If you are caring for your elderly parent, you may be able to claim your parent as a dependent on your income taxes. AARP offers free tax help to taxpayers who are 60 and older. Call the Tax Counseling for the Elderly program at 1-888-227-7669.