estate and special needs planning. mary e. o’byrne [email protected] ...
TRANSCRIPT
ESTATE AND SPECIAL NEEDS PLANNING
MARY E. O’[email protected]
www.frankelderlaw.com
• Mary is a Maryland attorney in private practice, concentrating in special needs and estate planning for people with disabilities and their families.
• She is an advocate for the financial security of people with disabilities.
• She currently leads the Special Needs Trust Advocates meeting with the Social Security Administration to improve the treatment of special needs trusts for people on SSI.
• She is a member of the Special Needs Alliance, chair of the National Academy of Elder Law Attorneys (NAELA) Trusts and Special Needs Trust Section, and is a member of the Board of Directors of NAMI-Metropolitan Baltimore.
BRIAN RUBINBUFFALO GROVE, ILLINOIS
• Attorney Brian Rubin is the father of a thirty year old son with Autism, OCD, and Bi Polar Disorder. Brian’s law practice is LIMITED to appropriate "Special Needs Future Planning" for his fellow Illinois parents and families of children and adults with special needs.
• He is a frequent lecturer to NAMI Chapters in Illinois • 05/21/09 NAMI McHenry County, in
Crystal Lake.• 05/12/09 NAMI Cook County North
Suburban Chapter at New Trier H.S., in Northfield.
• 02/14/04 NAMI, Elgin.• 11/24/03 NAMI Skokie
Member of Special Needs Alliance Family worked three generations in California State HospitalsWorked 17 years as a Psychiatric Technician
45/8/2014The Dale Law Firm, PC - 127 Aspen Dr., Suite 100, Pacheco, CA 94553 (925) 826-5585
STEPHEN W. DALE [email protected]
WWW.ACHIEVINGINDEPENDENCE.COM
WHAT WE WILL COVER
Who is the SNA? Stephen W. Dale
Overview of estate planning Mary O'Byrne
Understanding your goals Mary O'Byrne
Overview of public benefits Stephen W. DaleSelecting and using trusts in planning for your family member with disabilities. Stephen W. DaleOptions for decision making by and for your family member Brian Rubin
Educating the team about your family member Brian Rubin
Revisiting your planning over time Mary O’Byrne
Questions
ABOUT THE SPECIAL NEEDS ALLIANCEWHO ARE WE?
• The Special Needs Alliance is a group of attorneys who focus on estate planning for persons with disabilities.
• We have members in almost every state and metropolitan area of the United States.
• Not just any attorney can join, to be admitted you must show that you are a leader in your community.
• The SNA is a not-for-profit organization and its members provide information about the legal issues of special needs planning to groups of all sizes.
FIND THE SPECIAL NEEDS ALLIANCE MEMBER IN YOUR COMMUNITY
• Special Needs Alliance attorneys tend to be advocates rather than document sellers
• Most can speak to your group on a variety of subjects
THE VOICE
LASTLY
• If you have an attorney in your region that you feel is leader in your community and an advocate for persons with please give us their name and contact information.
• We are always looking for the best to join the Special Needs Alliance team so we can better serve persons with disabilities and their families
ED ROBERTS
Anyone can join our group at any point in life. In this way, the Disability Rights Movement doesn't discriminate.
OVERVIEW OF ESTATE PLANNING
MARY E. O’BYRNE
ESTATE PLANNING
• A process made up of a series of steps and tasks
taken to manage your assets (income and
property), provide for loved ones and minimize
taxes during your lifetime, in the event of your
incapacity and at your death.
ESTATE PLANNING
• Includes how and to whom assets will be distributed at death, payment of debts and taxes, and provision for charitable giving and much more.
ESTATE PLANNING
• Best done with current and comprehensive information about all assets and liabilities: real and personal property, bank and other financial accounts including tax-deferred and retirement accounts, insurance, sources of income, debts.
ESTATE PLANNING
• Best done with periodic reviews and updates
WHAT’S IMPORTANT IN YOUR ESTATE PLANNING?
• Providing for others, such as a surviving spouse and other family members, as well as those with disabilities, and for charitable giving.
WHAT’S IMPORTANT IN YOUR ESTATE PLANNING?
• Coordination with others who may wish to provide for the person with disabilities, such as former spouses, your parents and other extended family members.
WHAT’S IMPORTANT IN YOUR ESTATE PLANNING?
• Calculating the financial needs for your loved one.
• Financial planning to achieve target funding.
• Tax planning.
WHAT’S IMPORTANT IN YOUR ESTATE PLANNING?
• Selecting fiduciaries.
• In search of :
• Job’s patience• Martha Stewart’s organizational skills • Abe Lincoln’s honesty• Warren Buffet’s investment savvy• Ralph Nader’s advocacy• George Burns’ longevity
WHAT’S IMPORTANT IN YOUR ESTATE PLANNING?
• Understanding probate and non-probate assets.
WHAT IS PROBATE?
• Probate is a court process that validates a Will, and guides the collection of the assets of the deceased, the payment of debts and taxes, and distribution of assets to the right people/entities.
• Not all assets pass through probate.
WHAT DOESN’T GO THROUGH PROBATE?
• Generally,
• Assets that are jointly owned, and titled with a survivorship provision (“joint tenants”, “joint tenants with right of survivorship”, “tenants by the entirety”)
• Assets that have a beneficiary designation: retirement accounts, life insurance policies, annuities, brokerage accounts with a “transfer on death” provision, bank accounts with a “payment on death” provision.
• Assets in a trust.
WHAT’S IMPORTANT IN YOUR ESTATE PLANNING?
• Preparation of the right documents.
WHAT’S A WILL?
• A Will is legal document, executed according to state law, which instructs how an individual’s probate estate is to be managed and distributed after death and appoints the people or entities who will carry out these instructions.
WHAT’S A TRUST?
• A Trust is a legal entity created by a grantor for the benefit of one or more beneficiaries under the laws of the state and a valid trust document which appoints a trustee to manage and administer the trust assets.
• A trust may be established under your Will (testamentary trust) or during your lifetime (inter vivos or living trust.)
• It may be revocable (can be changed) or irrevocable (cannot be changed).
WHAT TYPE OF TRUST DO I NEED?
• There are many types of trusts; what type and what characteristics suit your planning will depend on many factors, such as your financial and tax situation and the needs of your family members for whom you are planning.
UNDERSTANDING GOALSMARY E. O’BYRNE
WHAT ARE YOUR PLANNING GOALS FOR LOVED ONE WITH MENTAL ILLNESS?
• Meeting basic needs, but what else? • Enjoyment of a personally and emotionally fulfilling life.• Financial security – public benefits, protection of assets.• Education. • A safe and secure place to live. • Opportunity for meaningful work. • Safety net for difficult times.• Someone to keep an eye out for problems. • Advocacy. • And ….
CONSIDER YOUR GOALS IN DETAIL
• What do you want to provide and what are your values related to this?
• How will you make this plan happen? • What people resources will be needed?
• Trustees, care managers, family, friends, advocacy groups.
• What financial resources will be available? • How much will be needed? • How to fund this plan? • How to supplement public benefits?
• Selecting the right tools and documents to carry out your plan.
EXAMPLE: YOU WANT YOUR CHILD TO BE ABLE TO LIVE IN YOUR HOME WHEN YOU DIE.
• What are the costs to carry and maintain the property? Are there funds to cover this?
• Can your child live safely alone?• Is your child able to maintain the property and be
a good neighbor? • Is this a good environment for your child?• Is this what your child wants?• What if your child moves out?
• You have a daughter named Kathy who has schizophrenia.
• Kathy is likely to need some level of assistance for the rest of her life.
• You come to the estate planning attorney to provide for her needs in the event of your incapacity or death.
• Kathy is otherwise healthy and is likely to live 70 years or longer.
IMAGINE
Benefit laws may will change Social service systems will
change Her condition may change Her advocacy system may
change Attitudes may change The amount of resources she
needs may change Trustee options will change
THE CHALLENGE
THE BIG QUESTION
Does my disabled loved one need Special Needs Planning?
• Assistance in managing funds• Build flexibility to deal with
changed circumstances • Focus on advocacy and asset
protection• Could maintaining qualification
for SSI or Medicaid be a tool to assist my disabled loved one?
THE BIG QUESTION
Think of the special needs trust as a private social system
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LET’S BEGIN WITH BASICS
BENEFIT BASICSSTEPHEN W. DALE
PUBLIC BENEFITS BASICS
Benefits Based on Entitlement (NOT based on need)
• Social Security• Medicare• Special Education
Needs Based Benefits • Supplemental Security
Income (SSI)• Medicaid• Food stamps, legal aid, and
utility payment assistance• Housing subsidies (H.U.D.
or Section 8)• In Home Support Services
BENEFIT BASICS
Supplemental Security Income
Social Security
Medicaid Medicare
Cash Assistance
Medical Assistance
Needs Based BenefitsBenefits based on Entitlement
SUPPLEMENTAL SECURITY INCOME
Supplemental Security Income
• SSI is a federal program, based on sufficient evidence of disability and financial need
SUPPLEMENTAL SECURITY INCOME
Supplemental Security Income
SSI is intended to pay for the beneficiary's food and shelter and nothing more.
SUPPLEMENTAL SECURITY INCOME
Supplemental Security Income
•In 2014, SSI pays $721 (some states add automatic supplement)
Meet disability definitionIncome test determines how
much is received. Resource test
3 Part SSI Test
TYPES OF SSI INCOME
Unearned Income Earned Income In-Kind Support & Maintenance
Includes gifts, payments from annuities and pensions, alimony & support payments, dividends, interest, rents, awards and payment from other benefit programs.
Consists of wages, royalties, net earnings from self-employment, and any honoraria received for services rendered.
Actual receipt of food, clothing, or shelter, or something that can be used to get one of these.
Reduces benefits dollar for dollar after the first $20
Reduces benefits one dollar for every two dollars after the first $65 earned monthly
Reduces benefits dollar for dollar up to a maximum of $260.34 in 2014
BASICS OF SSI ELIGIBILITY RESOURCES
• Anything that can be converted to cash for support is a resource.
• “Income” isn’t a resource in month received
• If resources exceed $2,000 on the first day of a calendar month, the beneficiary's public benefits will be lost until resources are reduced.
BASICS OF SSI ELIGIBILITYEXEMPT RESOURCES
• A home, if the beneficiary has an ownership interest and it serves as his/her principal residence.
BASICS OF SSI ELIGIBILITYEXEMPT RESOURCES
• Household goods of any value – as of March 2005
BASICS OF SSI ELIGIBILITYEXEMPT RESOURCES
• One automobile of any value (as of March 2005)
BASICS OF SSI ELIGIBILITYEXEMPT RESOURCES
• Items related to the disability
BASICS OF SSI ELIGIBILITYEXEMPT RESOURCES
• Life insurance policies with cash surrender value, if their total face values amount to less than $1,500, and
• All term life insurance. • A burial plot, or other burial
space, worth any amount.• Up to $1,500 set aside for burial
expenses
InsurancePolicy
BASICS OF MEDICAID ELIGIBILITY
• “SSI” states: If an SSI beneficiary receives at least $1 of SSI, the beneficiary then receives full Medicaid automatically• And if beneficiary LOSES SSI, Loses Medicaid
• “209(b)” states: may have other rules – may get Medicaid without SSI, or lose it even if keep SSI
MEDICAID BENEFIT BASICS
Covered health services include: “medically necessary” durable medical equipment, pharmaceutical goods, medical services and treatments, hospitalization including nursing care and dental care. In addition, there are often attendant care and residential programs that base their funding on Medicaid.
Medicaid
Social Security
CDB Benefit Basics
A disabled child may be eligible for Social Security “Disabled Child” benefit if a parent is eligible and the child's disability began before age 22.
DIFFERENT FROM SSI
Social Security
CDB Benefit Basics
Benefits do not become payable until the eligible parent dies, retires, or becomes disabled.
Social Security
CDB Benefit Basics
Social Security is not affected by the child's assets, but the child's earned income may result in an ineligibility determination
CDB: HOW MUCH?
• Upon the disability or retirement of the parent, an eligible disabled child will receive an amount equal to 1/2 of the parent’s benefit
• Upon the death of the parent, an eligible disabled child will receive an amount equal to 3/4 what the parent’s SSA benefit.
CDB EXAMPLE • Example• Helen has been disabled from birth,
and is receiving $721 in SSI monthly• Helen’s father, Earl, retires and
receives $1,400 a month. Helen begins to receive $700 per month in CDB, and $41SSI (includes $20 disregard)
• When Earl Dies, she will get $1,050 CDB and loses SSI, and could affect Medicaid
CDB AND MEDICAL COVERAGE
• When CDB benefits are awarded, SSI may be discontinued
• Medicare benefits will be available to the beneficiary in the 25th month after being awarded CDB as long as the beneficiary has been entitled as a person with disabilities for at least 24 consecutive calendar months
• Need to keep some kind of health benefits (Medicaid or private coverage through the ACA) until that time
Medicare Benefit Basics• Medicare is a federal health insurance
program for people over 65 and people under 65 who have been receiving Social Security based on disability for two or more years.
• Persons can be eligible for both Medicare and Medicaid
• Medicaid is payor of last resort and covers long term care costs.
BASICS OF SPECIAL NEEDS TRUSTS
STEPHEN W. DALE
WHAT IS A TRUST?
A CONTRACT• In which someone (the TRUSTEE)
agrees to hold property (TRUST PROPERTY) for the benefit of someone else (TRUST BENEFICIARY)
• Can be established in the text of a WILL(testamentary trust) or in aSEPARATE DOCUMENT(inter vivos trust)
• There can be a great amount of flexibility with a skilled attorney - think of the trust as a care plan.
BASIC CONCEPT:SPECIAL NEEDS TRUST
A special needs trust is drafted specifically so trust assets are considered not to be "available resources" in calculating the disabled person's eligibility for needs based benefits.
Trust income also isn’t counted
SPECIAL NEEDS TRUSTS CAN BE DIVIDED INTO TWO CATEGORIES
• If the source of the fund are from someone other than the benefits recipient, the trust is categorized as a Third Party Special Needs Trust
• If the source of the funds of the Special Needs Trust are from the benefit’s recipient, then the trust is categorized as a self settled or MediCal Payback Trust
Special Needs Trust
3rd party
No recovery upon death of
beneficiary
Special Needs
Trust Self Settled
MediCal Payback
Medicaid Recovery upon Death of
Beneficiary
THIRD-PARTY TRUSTSOCIAL SECURITY SAYS
SI 01120.200 A 17
• A third-party trust is a trust established by someone other than the beneficiary as grantor. For example, a third-party trust may be established by a grandparent for a grandchild.
Special Needs Trust
No recovery upon death of
beneficiary
THIRD-PARTY TRUSTSI 01120.200 A 17
• A third-party trust can have great latitude, and upon the death of the beneficiary can be left to anyone you wish except:
• You cannot leave it to the drafting attorney (though you can leave something to NAMI)
Special Needs Trust
No recovery upon death of
beneficiary
SELF SETTLED SPECIAL NEEDS TRUSTSOR MEDICAID PAYBACK TRUSTS
.
• SI 01120.203 B1 (POMS)• Federal Law Allows A Disabled Individual
to Protect Their Own Assets And Maintain Their SSI AND Medicaid If The Special Needs Trust • Which contains the assets of an
individual under age 65 and who is disabled ; and
• Which is established for the benefit of such individual by a parent, grandparent, legal guardian or a court; and
Self Settled Medicaid Payback
Medicaid Recovery upon
Death of Beneficiary
SELF SETTLED SPECIAL NEEDS TRUSTSOR MEDICAL PAYBACK TRUSTS
SI 01120.203 B1.
• Federal Law Allows A Disabled Individual to Protect Their Own Assets And Maintain Their SSI AND Medicaid If The Special Needs Trust • Which provides that the State will
receive all amounts remaining in the trust upon the death of the individual up to an amount equal to the total medical assistance paid on behalf of the individual under a State Medicaid plan.
Self Settled MediCal Payback
Medicaid Recovery upon
Death of Beneficiary
A POOLED TRUST IS A TRUST
SI 01120.203 B2A
• It is sometimes called a “master trust” because it contains the assets of many different individuals, each in separate accounts established by individuals, and each with a beneficiary. • By analogy, the pooled trust is like a
bank that holds the assets of individual accountholders.
SUPPORTING DECISION MAKING – POWERS OF ATTORNEY, ADVANCE DIRECTIVES,
GUARDIANSHIP AND ALTERNATIVES
BRIAN RUBIN
The“SITUATION”
• School• Doctors/Hospitals/Insurance
Claims• Signing documents/Contracts• Dealing with SSA /State• Residential/Living
arrangements• Employment/Day Programs,
Agencies• Marriage• Driving• Arrests – DD/ID is NOT
Diplomatic Immunity…
• If that is the situation, then: What do you do WANT
to do?
What CAN you do to help Sam?
OPTIONS ?
What are the
Before considering“Guardianship”,
ALWAYSfirst consider theALTERNATIVES
SSA REP. PAYEE for SSI/SSDI JOINT BANK ACCOUNT ACCOUNT SIGNATURE AUTHORITY – FAMILY/FRIENDS STATUTORY SURROGATE LAWS IN MANY STATES
ALTERNATIVES – “maybe”
Powers of Attorney
•Financial/Property
•Health Care/Medical/Living Will
•Mental Health Treatment
•Could be – (just like for a Guardianship)
• Temporary
• Limited/Partial
• Full/Complete
ADVANCE DIRECTIVES
1. State statute? State case law?2. What is Sam’s understanding &
appreciation of the “Role” of an “Agent”.
3. What is Sam’s understanding & appreciation of the powers of the Agent, as well as the limitations on those powers, & his ability to terminate the agency.
Does Sam have “capacity”to sign Powers of
Attorney?
When someone is an adult, 18 in most
states, that person is presumed fully legally
competent, and only IF a court determines otherwise, is that
person not deemed competent…
1. Will Sam sign them?2. Who will Sam agree to be his
Agent(s)? Sam’s choice(s)?3. What “powers” will Sam agree
to “give” to the Agent(s)?4. Will Sam allow the Agent(s) to
act, or will Sam terminate the Agency as soon as… when…?
IF Sam does have “capacity”to sign Powers of Attorney
Should the Power(s) of Attorney, be “IMMEDIATE” or “SPRINGING” ?
What powers should be added to statutory versions?
IF Sam does have “capacity” to sign & will sign Powers of Attorney.
Education Government Benefits IRS Residential Hospital Admission Employment matters Funding self settled (d4A/C )
SNTs HIPAA release
Example additional Powers,when appropriate… subject to State’s
statutory forms…
9 PAGE FORM
7 PAGE FORM
Page 1 of 5
5 PAGE FORM
What if Sam refuses to sign? What if Sam does not have the
“capacity”, at this time, to sign? What if Sam just can’t help
getting himself into trouble, maybe legal, maybe criminal, maybe financial, maybe personal, maybe medical/health related?
What if Sam is a danger to himself or others?
Again, when someoneis an adult, 18 in most states, that person is presumed fully legally competent, & only IF
a court determines otherwise, is that person not deemed competent…
SO… the questions…
• Is Sam able to fully manage his personal, medical, & financial decisions?
• Could Sam be vulnerable to others?
Is Sam in the appropriate“state of mind” to make his own, good, financial, medical/mental health decisions?
• We all value our right to make our own choices & how we have the right to make choices that, may, not always be in our best interest. (i.e. what others my consider poor choices).
1st CONSIDER…
• Some of the activities around which we all desire to make our own choices are our freedoms of:• privacy • with whom we choose to associate
• where and how we travel• how we take care of our bodies.
CONSIDER…
& consider that within this group of “poor” choices is a subset of decisions, choices &/or behaviors, that might even be considered, by others, maybe by society, to be controversial, &/or risky.
That to the maximum extent of one’s capabilities, all individuals should be permitted to participate, as fully as possible, in all decisions that will affect that individual.
& CONSIDER…
•Does Sam demonstrate a capacity to understand the decisions/choices to be made?
• Is Sam thinking rationally?
•Can Sam articulate his decisions/choices ?
So ask yourself…
• Can Sam reach responsible decisions &/or choices?
• Are Sam’s decisions & choices realistic?
• Can they be accomplished or implemented?
• Can they pose a risk to himself or to others ?
Remember, they are Sam’s decisions, Sam’s choices,
and not your decisions, not your choices…
If Sam can’t, or won’t sign powers of attorneys…
& if you have asked yourself all of these questions…
then maybe… just maybe, “some form” of Guardianship could be appropriate to help, & to protect Sam, from himself, & from others…
A legal relationship between an individual (the guardian) who has been given the legal authority & duty to make decisions on behalf of another individual (the ward) ,who lacks sufficient capacity to manage his or her own affairs or make & communicate important decisions.
What is a Guardianship?
Guardianship is acquired by demonstrating to a judge that the person lacks the capacity to make decisions, due to a lack of meaningful understanding of the nature of his/her situation, due to mental illness.
Guardianship is acquired so that the individual can be helped to achieve the highest level of functioning possible, despite self-defeating decisions, choices, & behaviors due to the person’s ID/DD.
Guardianship should seek to preserve for the person the opportunity to exercise those rights that are within his/her comprehension & judgment, allowing for the possibility of error to the same degree as is allowed to persons who are not found by a court not to be competent.
What is a Guardianship?
ADULT GUARDIANSHIP& THE ALTERNATIVES…
Power(s) of Attorney
Temporary/Emergency
Limited/PartialGuardianship
Plenary (Full)Guardianship
Health CareSurrogate Act
With DPAsfor other“areas”?
Must be able toestablish the person’s
inability to managetheir person and/or estate
Will Sam agree to theappointment of a Guardian,
or at least not object…?
How will your decision to proceed for Guardianship, or after your appointment, your decisions as Guardian, impact Sam’s “state of mind”… & your relationship with Sam?
• Do you want to be Sam’s Guardian?
• Are you ready for the 24/7/365 job?
• Is Sam a danger to others &/or to property? Could you be “liable”?
• Can you limit any liability by only seeking “emergency/temporary” or “partial/limited” Guardianship?
• Can you hire a “company” or a “person” to act as Guardian?• What if Sam needs a Guardian, but no one steps forward?
GUARDIANSHIP
Independence vs. Protection? Court… Law Suit… M.D. Report Sheriff Summons
GUARDIANSHIP
Guardian ad Litem Parents as “Co” Siblings, others, as “Co”
Agencies’ positions Voting… Driving…
(625 ILCS 5/6-103) (Source: P.A. 92-343, eff. 1 -1-02.)
• Sec. 6-103. The Secretary of State shall not issue, renew, or allow the retention of any driver's license nor issue any permit under this Code:
• …
• 5. To any person, as a driver, who has previously been adjudged to be afflicted with or suffering from any mental or physical disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
• …
• 8. To any person when the Secretary of State has good cause to believe that the person by reason of physical or mental disability would not be able to safely operate a motor vehicle upon the highways, unless the person shall furnish to the Secretary of State a verified written statement, acceptable to the Secretary of State, from a competent medical specialist to the effect that the operation of a motor vehicle by the person would not be inimical to the public safety;
DRIVER’S LICENSE?
GUARDIANSHIP When can do it ? Person vs. Estate ? Residential Placement ? Annual Reports ?
• Medical• Education
• Residential• State/Professional Services• No involuntary admission
without court order… ???
(A guardian appointed solely for the purpose of
performing duties related to the care, comfort, and
maintenance of the ward.)
• Financial/Contracts• Estate/Tax matters
• Filing Law Suits• Government Benefits (DUTY)
A guardian appointed solely for the purpose of managing the ward’s property, estate and business affairs. (“Conservator”) in some states)
Even if no assets…• What about SSI/SSDI?• Consider Guardian or
Conservator of the Estate even if no assets, so that contracts can be voided? (Bonds? Reporting?)
GUARDIANSHIP Move out of State
Move out of County?
Why some parents/siblings decline?
Then what?
Going on vacation?
ShortTermGuardianDeclaration
Disabled yourself
Stand ByGuardianDeclaration
The Guardian’s “tool box” includes:
• “paper” handcuffs
• rewards to increase the occurrence of desired
behavior
• “leverage”, the use of any legal, appropriate, and ethical strategies, authority, limit setting, rules, and guidelines to increase desired behaviors.
But remember, “don’t feed the bears”.
• There are behavioral consequences.
• Unearned rewards undermines the use of rewards as leverage.
• Rescuing behavior is codependence… preventing from experiencing the powerful behavioral conditioning provided by natural consequences…
EDUCATING THE TRUSTEE AND OTHERS ON THE TEAM
BRIAN RUBIN
WRITE IT DOWN!
Providing information,guidance & instructions…
ExtendedFamily
FutureCareProviders
FutureGuardians
FutureTrustees
ABOUT
MITCH
RUBIN
You need to write it ALL down!
Guidance&InstructionsForFutureGuardians,Trustees,&Care Providers.
123
Sam should be a partner, should be a
particpant in the preparation of this…
• Family information
& history (relationships), including family
medical history…
WRITE IT DOWN!
History of:
• diagnoses
• hosptalizations
• medications
• doctors
• other professionals…
• PAST & PRESENT!
WRITE IT DOWN!
Habits & Routines…
WRITE IT DOWN!
Stress relieving techniques
WRITE IT DOWN!
Support system, resources, people & organizations
WRITE IT DOWN!
Behavior… “Dos” & the “Do Nots”, Techniques, “Buzz” Words or Phrases…
WRITE IT DOWN!
School… Education, Concerns, Suggestions…
WRITE IT DOWN!
Employment? Day Program or activities? Preferred living situation?
WRITE IT DOWN!
Government Benefit
Information
WRITE IT DOWN!
Emergency Information, including DPAs, Short Term & Stand By Guardian Declarations…
WRITE IT DOWN!
Wills, Trusts, Life Insurance, Powers of Attorney, SNT, funeral desires & related info…
WRITE IT DOWN!
WRITE IT DOWN!
Executive
Summary
How to get
through
the next
24 hours
with Mitch…
One to twopages…BULLETPOINTS!
REVISITING THE PLAN PERIODICALLY
MARY E. O’BYRNE
•“They always say time changes things, but you actually have to change them yourself”
Andy Warhol
•When to review your plan, goals and documents?
WHEN TO REVISIT YOUR PLANNING?
When something important changes, e.g.,
Your loved one’s condition changes.
WHEN TO REVISIT YOUR PLANNING?
•When your relationship with and confidence in those you have given important roles (e.g., trustees, agents under power of attorney, advocates) changes due to personal issues, death, loss of trust, credit problems, etc.
•When your financial situation changes significantly due to such events as retirement, disability, divorce, remarriage, receipt of large inheritance, bankruptcy.
WHEN TO REVISIT YOUR PLANNING?
•When your or your spouse’s health changes significantly due to a major illness, or accident, diagnosis of a chronic or progressive disease.
WHEN TO REVISIT YOUR PLANNING?
WHEN TO REVISIT YOUR PLANNING?
•When changes occur in state or federal laws relating to tax, benefits, the treatment of trusts by benefits programs.
WHEN TO REVISIT YOUR PLANNING?
•When you or your loved one move to another state.
•At least every three-five years if none of the above have occurred.
WHEN TO REVISIT YOUR PLANNING?
Questions and
Answers146
Thank You !
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