Texas Estate Planning

Celebrating International Friendship Month: Understanding Adult Orphans and Estate Planning in Texas

As we celebrate International Friendship Month, it's a perfect time to reflect on the importance of strong support systems and meaningful connections in our lives. As we age, our support systems might shrink for various reasons. As time passes, some of us with smaller families might have a harder time finding support. In Elder Law, the absence of immediate family members and social networks can pose unique challenges, especially when it comes to estate planning and/or navigating the Medicaid application process.

Understanding Adult Orphans

Many of our clients utilize the help of a younger family member who can more easily navigate emails, online bank statements, and sometimes even driving. In the context of Elder Law, "adult orphans" are individuals who don't have living family members such as parents, siblings, or children who could help support them throughout the Estate Planning and Medicaid processes. We’ve seen many plans made with the support of nieces or nephews, family friends, and even financial planners, but we’ve also seen plans where folks simply don’t know who to name as their agent.

Challenges in Estate Planning and Medicaid Applications

Without close family members to act as advocates or decision-makers, some adults may face difficulties in estate planning and navigating the Medicaid application process in Texas. These challenges can include:

• Who should I name to make medical decisions on my behalf? An agent named in a Medical Power of Attorney document should be someone who not only knows your medical wishes, but also will likely out-live you. Typically, this is one’s adult child, but in the case of adult orphans, it is important to consider which friends will fit this criteria.
• Who can I list as my financial power of attorney? Managing finances can be challenging without a trusted individual to handle financial matters or make decisions in your best interest. If you already have someone on your account, or who helps you manage your finances, maybe now is the time to formalize that help with a Durable Power of Attorney document. We have worked with financial planners named as agents on the Durable Power of Attorney, but please note that if you are approved for Medicaid, your agent will need to assist in the Medicaid Renewal Application every year.
• Who can look after me if I don’t have any family? Adult orphans may lack a built-in support network to provide care, assistance, or advocacy, especially as they age or face health-related challenges. It’s important to have someone you can call if you need support. This can be someone from church, a trusted neighbor, or a dear friend. Feel empowered to cast a wider net, there are many community centers, civic organizations, and groups catering to your demographic.

Who can I appoint in my Estate Planning documents?

Given these challenges, it's crucial for adult orphans to carefully consider who they appoint as agents in their estate planning documents. While immediate family members are often the default choice for many people, adult orphans may need to look beyond traditional family structures and consider other individuals who could serve as reliable agents. These might include:

• Close Friends: Trusted friends who have a deep understanding of their values and preferences can make excellent agents for health care and financial matters.
• Professional Advisors: Legal or financial professionals can also serve as agents, providing expertise and objectivity in managing their affairs.
• Community Organizations: Some adult orphans may have strong connections to community organizations or religious institutions where they can find support and potential agents in their church, support groups, or volunteer organizations.

Conclusion

As we celebrate International Friendship Month, let's remember that friendships can be just as important as family, especially for those who may not have traditional family structures. For adult orphans in Texas, thoughtful estate planning and careful consideration of agent selections can help ensure that their wishes are respected, their affairs are managed effectively, and they have the support they need as they navigate life's challenges.

Supporting Caregivers: How Family Members Can Help Those Caring for Aging Relatives

Caring for an aging relative can be a demanding and sometimes overwhelming responsibility. While the primary caregiver shoulders much of the day-to-day care, other family members can play a crucial role in providing support and assistance. Caregiver burnout and guilt are serious problems that can arise — they need you to be part of the caregiving journey however you can. Here are some ways that family members can support caregivers and make their important role a little bit easier:

1. Offer Emotional Support

• Listen and Validate Feelings: Your first instinct might be to solve the caregiver’s problems, but simply being there to listen can provide immense comfort and show your support. Acknowledge their feelings and offer reassurance that their efforts are appreciated.
• Encourage Self-Care: Remind the caregiver to take breaks and prioritize their own well-being. Offer to take over caregiving duties for a weekend or afternoon to give them time to tend to themselves.

2. Provide Practical Help

• Assist with Daily Tasks: Offer to help with tasks such as grocery shopping, meal preparation, or household chores to lighten the caregiver's load. If the caregiver has young children, offer to entertain them for a weekend.
• Coordinate Schedules: Coordinate with other family members to create a schedule for caregiving duties, ensuring that the caregiver gets regular breaks and support. You could even coordinate meals to make sure the caregiver doesn’t have to worry about feeding themselves and their family after a long day.

3. Financial Assistance

• Contribute Financially: Caregiving can be expensive, especially if the caregiver has had to reduce their working hours or quit their job. Receiving money from others can sometimes be a touchy situation, so you can always offer to pay for a caregiver respite service, order lunch or coffee for the caregiver, or cover one of their bills.
• Research Financial Resources: There are many programs available to caregivers and those they provide care to. Look into waivers or nonprofits in your area that might be able to assist. Our office only offers services for Nursing Home Medicaid, but there is a Primary Home Care (PHC) service you can look into.

4. Stay Informed and Involved

• Stay Informed about the Care Recipient's Needs: Stay aware of and up to date on the care recipient's medical and personal needs, so you can offer informed support to the caregiver. You could even look up the care recipient’s new medications or diagnoses to take that burden off the caregiver.
• Offer Respite Care: Arrange for respite care to give the primary caregiver a break. This could involve hiring professional caregivers or taking turns with other family members to provide care.

5. Show Appreciation

• Express Gratitude: Take the time to express your gratitude for the caregiver's efforts. A simple "thank you" can go a long way in acknowledging their hard work. A self-care basket or gift card could really boost spirits when things get tough. The impact of gratitude can go a long way especially after a difficult week for the care recipient’s health.
• Celebrate Milestones: Celebrate milestones and achievements in the caregiving journey. This can help boost the caregiver's morale and show them that their efforts are valued.

Conclusion

Caring for an aging relative is a significant undertaking, and the support of other family members can make a world of difference to the primary caregiver. By offering emotional support, practical help, financial assistance, staying informed and involved, and showing appreciation, family members can lighten the caregiver's load and ensure that their aging relative receives the best possible care. Working together as a family, you can create a supportive environment that benefits both the caregiver and the care recipient.

Navigating the Legal Side of a Cancer Diagnosis

Receiving a cancer diagnosis is an incredibly challenging experience, and during such times, legal issues are the last thing anyone should have to think about. Unfortunately, without proper estate planning documents in place, individuals and their families may face a range of legal issues that can add to the stress of the situation. After the dust of diagnosis settles, it might be worth spending some time getting ones affairs in order.

Below we’ll outline what some of those legal issues could look like, but first, we want to reiterate our support for anyone experiencing a difficult medical situation, either personally or that of a loved one. Our line of work requires us to discuss some topics that many people would rather leave to the imagination or not think about at all. Rest assured, our team is ready to support you through it all. We often see that clients who give us a call after they’ve processed the news a little bit are able to make clear decisions about what they want to happen in the worst case scenarios. We know it can be difficult to discuss these possibilities, but we’ve seen it be even more difficult for families when these decisions are not addressed at all.

1. Medical Decision-Making: Estate planning documents such as a Medical Power of Attorney and Directive to Physicians allow you to designate someone to make medical decisions on your behalf and outline what you would have chosen in specific circumstances if you become incapacitated. Without these documents and the discussions surrounding them, your family may face challenges in making decisions that reflect your preferences and become anxious about all of the “what ifs,” they never knew to ask you.

   One of our favorite resources for discussing one’s medical wishes is The Conversation Project. Their website and social media is filled with prompts and guidelines to make the difficult conversations a little easier.

2. Financial Management: A Durable Financial Power of Attorney (DPoA) enables you to appoint someone to manage your financial affairs if you are unable to do so. This is especially important during a cancer diagnosis when doctor's appointments and treatment side effects make running errands an uphill battle. Our Durable Financial Powers of Attorney documents are comprehensive and account for many scenarios that others might not.

3. Probate Process: Without a Will or other estate planning documents, your estate may go through a lengthy probate process, where the court oversees the distribution of your assets. This can be time-consuming, expensive, and may not reflect your intentions. We counsel every client on probate avoidance, looking at their unique set of assets to create a plan that will pass along assets outside of probate, if desired.

4. Asset Protection: Estate planning can include strategies to protect your assets from creditors or unreasonable liabilities. Without these protections, your assets may be vulnerable to legal challenges.

Ard Law Firm is known for our ability to act quickly for our clients experiencing a medical crisis—this is a time when medical, legal, and familial decisions need to be made rapidly. We want to reiterate that the stress of these decisions could be lessened if discussions are had and plans are made soon after a serious diagnosis such as cancer.

In conclusion, having estate planning documents in place and a supportive community is essential for anyone facing a cancer diagnosis. These documents provide peace of mind and ensure that your wishes are carried out, even if you are unable to make decisions yourself. It's important to consult with a qualified estate planning attorney to create a comprehensive plan tailored to your individual needs and circumstances. By doing so, you can ensure that you and your loved ones are prepared for whatever the future may hold.