Power of Attorney & Estate Planning: A Conversation for Families

If you’re caring for an aging parent, you may be concerned that their declining health could eventually lead to costly and time-consuming involvement with the Connecticut Probate Court. That’s why it’s so important to have a conversation with your family about estate planning, including setting up a power of attorney for an elderly parent. While not a substitute for a comprehensive estate plan, this simple but crucial step can bring peace of mind and give you the legal authority to execute their affairs when they can no longer manage things on their own. Edward Jurkiewicz works closely with families to guide them through this process in a clear, respectful, and legally sound way, so you’re prepared long before a crisis arises. To discuss estate planning options for your parents and take the first step toward peace of mind, please call Edward Jurkiewicz at 860-626-1333 or contact us at your convenience—we’re here to help you get started.

How to Talk to Your Family About Estate Planning

It can be very difficult to raise questions about your family members’ medical care. Elderly parents and relatives are often acutely aware of their own failing health, but they may be ashamed to talk about it or ask for help. If you are a member of the “sandwich generation” – responsible for caregiving of both older and younger relatives – it could be up to you to talk about estate planning with your family and make sure everyone’s needs are met. Here are some tips for starting the conversation:

• Raise the issue privately. Don’t call your loved one out in front of others.
• Don’t be reactive. Avoid discussing the need for end-of-life planning as an immediate response to a single bad health event, which may be troubling or traumatic enough for your loved one.
• Ask questions about your loved one’s plans. They may already have thought about, or even begun the estate planning process on their own.
• Don’t offer advice or opinions about what your relatives should do unless they ask for it.
• Do offer help finding an estate planning attorney, preparing documents, or communicating with other interested parties.
• Don’t hide what you are doing from your loved one’s next of kin. Doing so could create a possibility for will challenges after your relative has passed away.

When having a conversation with your family, be sure to consider the whole range of topics covered by estate planning:

• Medical needs and preferences for treatment and life-sustaining care
• Financial obligations and any unpaid medical debts
• Assets, bank accounts, and income sources
• Your parents’ lifestyle preferences and assisted living options
• Next of kin and who your loved ones want to include in their estate plan.
• Inheritance and asset distribution after your loved one’s death.

It may take several conversations before your loved ones feel certain in their decisions and you feel confident you understand their preferences.

Options for Financial Management for Elderly Parents

Many children of elderly parents want to help their parents with financial management, bill payments, and discussions with bankers or financial planners. While some of this can be done through the creation of joint accounts, there are significant problems with this. Most notably, it makes your parents’ assets vulnerable to your own creditors. It can also create problems if your parents intend to leave those assets to other beneficiaries.

A better way to address financial management is using a durable power of attorney. A power of attorney is a form that authorizes you to act on your loved one’s behalf. You can use a properly executed power of attorney to talk to your parents’ banks and financial account managers, and pay medical bills and other financial obligations on their behalf. A durable power of attorney ensures that this authority lasts after your parents are legally incapacitated and no longer able to make financial decisions for themselves.

Making Medical Decisions for Older Loved Ones

A financial power of attorney won’t help you if your parent goes to the hospital or needs your help making medical decisions. For that, you will need a living will or health care directive which will provide instructions for treatment management after they can no longer make those decisions themselves. A living will can also allow you to discuss your parents’ medical condition with doctors and other health care providers, including in situations, such as surgery, in which their incapacity to make decisions will only be temporary.

How POAs Help You Avoid Guardianship Proceedings

If your parent’s condition deteriorates before he or she has executed the necessary durable powers of attorney for financial and medical purposes, you could find yourself in the Connecticut probate court. Generally, you need a court order determining that your parent is medically incapable of handling his or her own affairs, and appointing you as his or her guardian or conservator before you can act on his or her behalf. Powers of attorney shortcut that process using direct authorization and specific language that allows you to retain the power to make choices for your parent even after he or she is no longer able to do so. They can also guide the probate court’s appointments, by showing the judge who your parents wanted to serve as their caregiver and financial manager during their final days.

How Do You Get a Power of Attorney for an Elderly Parent?

Getting a power of attorney for your elderly parent isn’t difficult. It is included in the estate planning services offered by attorneys like Lawrence & Jurkiewicz, LLC represent clients in Hartford and Litchfield Counties. We can guide you through having the necessary estate planning conversations with your family, help them reach decisions about their medical care and financial paperwork, and complete all the necessary power of attorney forms to ensure you have the authority to act on their behalf. Please call us at 860-626-1333 or contact us at your convenience to discuss estate planning options for your parents, and get the project started today.