One concern I frequently hear is a worry that the government will take assets from a loved one or take assets from an estate instead of family members inheriting it. These are valid concerns because there are specific instances where this can happen, but as a general rule, the government DOES NOT take assets unless they have a legal reason for doing so.
The State of Tennessee will not take your assets
There are a few instances where the government will take your assets if you die without a will. For example, if someone received Medicaid (TennCare) to pay for long-term care, if they owed back taxes, or if no family members can be located. But, as a general rule, the State of Tennessee is not going to take your assets.
Tennessee will find your closest heirs
The State of Tennessee has a statute that lays out how your assets will pass if you die without a will. Your assets will pass to what we call your heirs at law. Those are really the people that you probably think of as your closest relatives: your spouse, your children, your grandchildren, your parents, your siblings, your nieces and nephews, your cousins, and farther out. But it’s the close relatives that the state will seek out.
Generally, the government is going to look for anyone related to you before they get any money. I hope that sharing this information with you has given you a sense of relief if you were told inaccurate information elsewhere.
If you have other questions about your estate or that of a loved one, click here to schedule a call with us.
In some families, every gathering is another opportunity for disputes, whether you’re meeting up after a death in the family or a holiday. Maybe you just have a uncle who thinks he’s entitled to everything after your mom passes.
No matter what the issue is, let’s see if we can keep the peace among family (and non-family) during the estate planning process! Put the boxing gloves down and keep reading.
Begin with the End in Mind
Start with the goal of clear skies and peaceful resolutions. Visualizing a successful meeting where everyone leaves with a handshake can set a positive tone.
Remember, it’s not just about dividing assets; it’s about honoring relationships and the legacy of the will maker.
Timing is Everything
Just like planting your tomatoes after the last frost, timing in estate discussions is key.
Choose a moment when stress levels are lower, perhaps after a family dinner. (Maybe skip the moonshine to keep heads clear – but good luck keeping the uncle away from it!)
By allowing everyone to digest both the meal and the information, you’ll be setting the stage for a fruitful conversation.
Bring in a Neutral Party
Sometimes, it helps to have someone who isn’t Uncle Bob facilitating the discussion. An attorney experienced with family dynamics can guide the conversation without the risk of playing favorites.
Listen Like You Mean It
Active listening is like making biscuits from scratch — it takes patience and practice. Nodding along and providing a safe space for each family member to share their thoughts allows for open communication and reduces misunderstandings.
(This doesn’t mean not to speak up – just follow the golden rule and listen before you state your feelings on the matter.)
Embrace the Emotional
Acknowledge that emotions will be as present as fireflies on a humid Tennessee night. It’s natural for folks to feel a whirlwind of sentiments when it comes to inheritance. The key is to address these feelings with empathy and respect. “No apologies” is not a great way to live your life!
Document, Document, Document
Such important conversations deserve more than a handshake and a “y’all remember this now.”
Having the decisions made in these talks put down on paper by an attorney ensures that everyone’s memory stays as sharp as the details in a log cabin quilt.
Education is Your Best Friend
Familiarize yourself with estate planning essentials by visiting reputable sources like this one on estate planning. Understanding the basics can help you steer the conversation and clarify common misconceptions.
Keep It Light
While discussing the future can be as daunting as facing a bluff on the Cumberland Plateau, a touch of humor can ease the tension.
After all, we’re aiming for a family gathering, not a courtroom battle.
Graceful Aging Legal Services: A Neutral Third Party
Remember, estate discussions don’t have to be as much fun as a thunderstorm at a picnic. With these strategies, you can transform family estate planning into a process as peaceful as a Tennessee sunrise.
Consider us as your companions on this journey, offering a range of services to ensure that your family discussions avoid trouble as much as possible.
As far as we know, we only live once – and we never know when it’s going to end. It’s important to plan so you can prepare.
You can start 2024 off strong by getting your affairs in order.
1. Create an Estate Plan
First, decide whether you want a will, a trust, or both. Some people opt for a will and a living trust, but it’s up to you what you choose. If you want an attorney to talk over your options, we’d be happy to do that!
You can also decide whether you want a durable power of attorney for finances (in case you’re not able to make financial decisions).
2. Plan for Your Healthcare
You can also consider whether you want to create an advance directive for your care. Most advance directives have a living will and durable power of attorney for healthcare.
The living will tells doctors what kind of care you wish to accept or reject when it comes to emergency treatment, and durable power of attorney lists the person you trust for your care should you become unable to communicate.
3. Organize Your Important Documents
Once you’ve prepared all of your important papers, organize them and put them all in one place.
Here are some examples of papers that you should keep together.
Personal Information
Personal info is needed for identification purposes and is best kept together so your family can be prepared when they need it.
Social security number
Date and place of birth
Names and addresses of spouse and children
Location of important legal certificates (birth/death, marriage/divorce, citizenship, adoption)
Employers and dates of employment
Education and military records
Names and phone numbers of religious contacts
Group memberships, awards
Names and numbers of close friends, relatives, doctors, lawyers, advisors
Health Information
Emergencies happen – and when you’re not prepared, your family has to scramble to find what your medications are, etc. Keep them all in the same place and be sure that your loved ones know where to look.
List of any ongoing conditions and treating doctors’ names
Current prescriptions (keep this list up-to-date)
Durable power of attorney for healthcare
Advance directive
Health insurance info, policy and phone number
Financial Information
Your finances will help family members better understand what financial resources they can draw from to help you with your care, should you need it.
Sources of income/assets
Social security benefits information
Insurance info (car, home, life, long-term care) with policies and phone numbers
Bank and account information
Investment income
Copy of the most recent income tax return
Location of most up-to-date will with original signatures
Liabilities, including what’s owned and when payment is due
Mortgages/debts, how and when they’re paid
Original deed of trust for home
Car title and registration
Credit and debit card numbers and names
Safe deposit box and key number
If you’re looking for a place to keep all of these, let us know. We’re happy to offer LawSafe memberships for a reasonable rate to help keep track of all the not-so-little things that your loved ones may need if there is an emergency or end-of-life event.
4. Talk with Your Loved Ones
Once you have everything in one place, tell your loved one where to find your information. Be sure to also tell your loved ones about your plans – you don’t want your family to find out after the fact that you’ve selected someone they don’t know as your Personal Representative!
You can also let your doctor know about advance care plans, and, if applicable, give your doctor permission to discuss your care with your family.
5. Review Plans Regularly and Update
Once you’ve done all the hard work (it takes time getting all that paperwork together), be sure to review your plans annually. If you’ve had a major change happen, you should consider revisiting your plans as well, to make any necessary updates.
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It takes time to get your affairs in order, but it is such a relief to your loved ones when they don’t have to worry about what your wishes are. In fact, this could be your masterpiece! If you’d like to get updates like this one on a regular basis, sign up for our newsletter!
When you aren’t clear about your wishes, you leave a blank space for your loved ones to try to fill in. This can be incredibly stressful to them – even if you’ve expressed your wishes to them but didn’t write them down – so it’s important to know your wishes ahead of time. Learn what could happen to you if you don’t make your wishes known.
What Happens if You Become Incapacitated in Tennessee?
If you become incapacitated in Tennessee (a temporary coma, for instance,) and have no medical power of attorney set, your loved ones may have to go to court and then a judge will decide who can make medical decisions for you if you’re unable to communicate your wishes.
Trying to determine your wishes after you can no longer express them can be an extremely stressful time for your family, which is why it’s so important to communicate your wishes ahead of time, just in case anything happens to you.
What Happens if You Die without a Will or Trust in Tennessee?
If you die without a will, that is called “intestate.” This means that whatever inheritance you leave behind, including your property, is subject to Tennessee intestate succession laws. Intestate laws typically leave your property to your surviving spouse and/or children, but parents, siblings, nieces, and nephews could become eligible too.
Here’s a quick breakdown of what would happen in Tennessee if you are married or have children:
If you have a spouse but no children, the spouse would inherit your entire estate, even if you’re separated.
If you have a spouse and children, the estate would be divided equally among all parties (except that the spouse can receive no less than 33% of the overall estate).
If you only have children, your estate would be split equally among all the children.
Keep in mind that only your biological and adopted children will inherit from you if you do not have a will. If you would like to leave part of your estate to step-children, foster children, godchildren, or other children who are close to your heart, you’ll want to make plans for that in your will or through non-probate beneficiary designations.
Here’s what would happen if you died unmarried and without children:
If you have a parent, the entire estate would go to your parent(s).
If you have sibling(s) but no living parents, the estate will be split equally among your siblings.
If you have no parents or siblings, the estate will be split equally among your siblings’ children.
If you’ve none of the above, the estate would be split equally among paternal and maternal aunts and uncles.
You don’t have to die to see how this one might end if you don’t write your decisions out!
Who Makes Funeral Decisions if You Die in Tennessee?
Similar to the above, if no one has been legally designated to make funeral decisions on their loved one’s behalf, it falls to the next-of-kin, which would be the spouse or adult children. Once the family member takes responsibility for making and paying for their loved one’s funeral arrangements, they sign a legal contract that obligates the funeral home to follow instructions from that family member alone.
Make sure you tell your family what you want so there’s a consensus during a difficult time..
What if there are no next of kin?
If there are no next of kin (as defined above) and no personal representative, any other person willing to assume responsibility and arrange the funeral (including the funeral director) can make funeral decisions, after attesting that a good faith effort has been made. As for your estate, if no family can be found it will ultimately be turned over to unclaimed property.
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Don’t leave a blank space for your family members to fill in regarding your end of life wishes. Don’t keep them second-guessing. Instead, leave something that people can read like a magazine to know what you want your life – and death – to be like. Want more tips like this one? Sign up for our newsletter!
Getting married is an exciting time: a celebration of love and commitment, and the beginning of a new chapter together. Along with the joy and happiness, it’s important to consider the practical aspects.
One is the prenuptial agreement, often referred to as a “prenup.” While prenuptial agreements may not be the most romantic topic to discuss, they can play a vital role in safeguarding your future together and preparing for the difficulties of marriage before you say “I do.”
Do you remember the viral Reddit post of the man who was upset when his partner wanted to share the expenses of having a child? While that couple wasn’t legally married, this is the perfect example of how to negotiate a prenup. An experienced attorney will guide you through lots of questions when discussing your options for a prenup. Think of them as ways to get closer to your future spouse, rather than preparing for a break up.
Regardless of what personal matters you may want to address within your prenuptial document, here are the primary reasons you should consider getting one.
1. Financial Security
One benefit of a prenuptial agreement is the financial security it provides. A prenup allows couples to have open, honest conversations about their financial expectations and obligations.
In outlining each person’s assets, debts, and financial contributions, both parties can feel secure knowing their rights and financial interests are protected. This helps minimize conflicts and misunderstandings during the marriage. Some points to consider about prenuptial agreements include:
Protection of pre-marital assets: It can ensure that property or assets acquired by either party before marriage remain in their possession after a divorce.
Clarification of financial responsibilities: Clearly stating each party’s financial obligations during the marriage can minimize potential disputes about finances.
Division of marital property: A prenup can provide guidelines for the division of marital assets in case of divorce, reducing time spent on legal battles. Consider that you intend to continue making contributions to your 401k after you wed. That account will likely become a marital asset and your spouse will become entitled to part of it, even if they didn’t personally put any money in. However, your intended spouse can waive your rights to the account as part of the discussion and signing of a prenuptial agreement.
2. Protecting Family Interests
Another benefit of a prenuptial agreement is the ability to protect family members’ interests, particularly children from previous relationships. Addressing the distribution of assets and financial responsibilities in the event of a divorce or death can ensure that children from previous relationships are provided for.
Some thoughts about protecting family interests through a prenuptial agreement:
Protection of inheritance rights: This can outline the distribution of assets and inheritance rights so the intended beneficiaries receive their rightful share.
Financial protection for minor children: When partners have children from other relationships, a prenup can offer financial security for well-being and education.
Stress-free estate planning: Outlining property rights and distribution can simplify the estate planning process and minimize potential family conflicts. If your family or friends have ever started to use the phrase “gold digger” about your new beloved, a prenup is a clear way to make it clear what you want for everyone in your life.
3. Preserving Business Assets
For business owners, a prenuptial agreement can protect entrepreneurial efforts and keep business operations running smoothly. It can also help shield business assets from division during a divorce.
Considerations for business owners when it comes to prenuptial agreements:
Protection of business interests: Establish that the business, including its assets and future growth, is considered separate property.
Succession planning: With succession planning, a prenuptial agreement can ensure the smooth transition of the business in case of death or divorce.
Financial stability for the business: Outlining the financial responsibilities and obligations of each partner can maintain financial stability and growth.
Prenuptial agreements are not just for the wealthy or those anticipating divorce. They are valuable legal tools for couples looking to protect their individual rights and interests. By addressing important financial and family matters upfront, prenups can build a strong foundation of trust, transparency, and shared goals.
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Talking about prenuptial agreements may feel uncomfortable or unromantic, but they offer benefits for couples preparing to tie the knot. Whether it’s about financial security, protecting family interests, or preserving business assets, a prenup can lay the groundwork for a successful and harmonious marriage.
If you’re considering a prenuptial agreement, get in touch with an experienced attorney who can guide you through the process. At Graceful Aging Legal Services, we understand the significance of protecting your future together. We’re well-versed in helping couples create prenuptial agreements that meet their unique needs.
Don’t worry; it happens to all of us – or at least that’s the goal! But aging doesn’t mean that you have to limit your independence or immediately check into a nursing home. It just means that you need to make a few adjustments to ensure that your home remains comfortable and safe.
Today we will go over ten simple changes that can help you avoid a Steve Urkel move and make your home an age-friendly environment.
Why Aging in Place is Important
Aging in place refers to the ability to live in your own home safely and independently, regardless of your age or ability level. It allows you to maintain your familiar surroundings and go about your everyday routines with just a few helpful changes to your home. Aging in place enables seniors to maintain their autonomy and dignity while also reducing the financial burden associated with moving to assisted living facilities.
Before You Start: Assess Your Accessibility
The first step in creating an age-friendly home should come before you ever need one. Before you need a home that’s accessible to older individuals, identify potential hazards. This includes assessing the layout, identifying tripping hazards, and evaluating essential areas such as the bathroom, kitchen, bedrooms, and living room.
Your modifications will depend on your individual requirements. Consider your mobility, vision, hearing, and other specific needs. By understanding your needs, you can tailor your modifications to best suit your requirements for a safer living environment.
For example, if you notice you’re having trouble hearing the TV, you should consider investing in a door light. That way, if someone rings the doorbell, you won’t have to rely on hearing alone.
Ten Simple Changes You Can Make
1) Make the Bathroom a No-Slip Zone
The bathroom is a high-risk area for slips and falls. Installing grab bars near the toilet, shower, and bathtub can greatly enhance safety. Additionally, consider adding a shower bench or chair and a handheld showerhead for added convenience.
2) Keep Everything in Your Kitchen Within Reach
In the kitchen, ensure that commonly used items are within easy reach. Consider installing lower countertops and adjustable cabinets. Adding non-slip flooring and bright lighting can also make a significant difference in accessibility. Strong magnetic bars can keep knives in reach (just be sure the magnets are super strong so the knives don’t fall off the wall)!
3) Don’t Fall Out of Bed
In the bedroom, make sure the bed is at an appropriate height for easy entry and exit. Install handrails or use bedside grab bars to assist with mobility, or put a mobility device like a rollator next to your bed to help you get in and out of it. Adequate lighting near the bed and a clear pathway to the bathroom can also make a big difference for nighttime trips.
4) Clear a Walking Space in the Living Room
In the living room, arrange furniture to create clear pathways and remove any clutter that may pose a tripping hazard. Consider using sturdy, comfortable chairs with armrests to assist with standing and sitting. Adequate lighting and easy-to-reach light switches can also guarantee that you see any tripping hazards before they happen.
5) Install Grab Bars and Handrails in High-Traffic Areas
Installing grab bars and handrails throughout the home can greatly improve mobility and stability. Place them in key areas such as staircases, hallways, and entryways. Opt for sturdy, non-slip options that can support your weight.
6) Make Sure the Flooring is Non-Slip
Selecting the right flooring can significantly impact mobility. Non-slip flooring options include vinyl, cork, and rubber. Remove any loose rugs or carpets that may pose a tripping hazard, and ensure flooring transitions are smooth and level. Using cord covers near the wall (out of the walkway) will help prevent tripping over electronic cords.
7) Widen Doorways and Hallways
Widening doorways and hallways can improve accessibility for individuals with mobility aids such as walkers or wheelchairs. You may need to consult a professional contractor to assess the feasibility of making these modifications in your home.
8) Clear Up Your Entrances
Ensure that outdoor pathways and entrances are clear of obstacles. Repair any cracks, potholes, or uneven surfaces that may pose a tripping hazard. Install handrails or ramps as needed to facilitate easy entry and exit.
Reminder: this is something you should be doing if you have one fall (or even before that). Don’t wait until you’ve had several falls to implement these tips!
9) Light Up the Room
Good outdoor lighting is essential for safety. Install motion-sensor lights near entrances and along pathways to ensure visibility at night. Consider adding solar-powered lights for energy efficiency.
10) Explore Smart Home Support
Smart home technology can greatly enhance accessibility and convenience. Consider installing voice-activated devices, smart thermostats, and automated lighting systems that can be controlled remotely.
Bonus: Medical Alert Systems/Cell Phones
Medical alert systems typically consist of a wearable panic button that can be easily activated in case of emergencies. When the button is pressed, it sends a distress signal to a monitoring center, where trained professionals can assess the situation and dispatch help if needed.
Just by adding a simple necklace or wristband to your daily outfit, you and your loved ones can enjoy the peace of mind that comes from knowing help is just a button press away.
Another option is cell phones. If you have a loved one with mobility issues, a simple daily check-in can add to your peace of mind. (Pro tip: you can totally check-in without “checking in” – it doesn’t have to be super serious. Sending fun GIFs and saying, “I thought you’d like this!” is a great way to ensure someone’s OK without sounding like a worrywart.)
When in Doubt, Ask a Professional
Occupational therapists specialize in assessing individuals’ abilities and recommending appropriate modifications to promote independence. Consulting with an occupational therapist can provide valuable insights and personalized recommendations for what your home needs.
For more extensive modifications, such as widening doorways or installing ramps, we recommend consulting with professional contractors. Contractors who are licensed and experienced in accessible home modifications can provide valuable insight and knowledge about what works.
Financing Home Modifications
Of course, modifying your home isn’t always cheap. Review your insurance coverage to determine if any modifications may be covered, and contact your insurance provider for more information. Some insurance policies may include provisions for home modifications that improve accessibility.
There are also various grants and financial assistance programs available to help individuals fund home modifications. Research local and national resources to find potential sources of financial aid. Non-profit organizations (like Rebuilding Together Nashville) and government agencies may also offer grants or low-interest loans. (Want more info? Check out this link from Rebuilding Together!)
Embrace Aging in Place to Enjoy Your Golden Years
As we age, it is important to adapt our lifestyle to align with the changing needs of our bodies. This doesn’t mean that your lifestyle will become limited – it just means that it might look slightly different. Just think: the only thing that stands between you and successful aging in place is a bit of redecorating.
As you prepare to age in your home, you may also want to make sure you have a plan in place for your estate. Graceful Aging Legal Services is here to help you with estate planning, probate, and conservatorships. We can help you put your paperwork together and figure out what you need to truly embrace your aging in place. Contact us today to see what we can do for you!
Probate laws in Tennessee play an important role in the orderly distribution of a person’s assets after they die and help to settle their affairs. The probate process typically begins when you hire an attorney who will file a petition on your behalf in the appropriate probate court, initiating the legal proceedings.
The court then appoints a Personal Representative (aka the executor) to oversee the estate, and their primary responsibility is to manage the assets and debts of the deceased loved one. Notification of heirs and beneficiaries is a critical step to ensure all interested parties are aware of the probate proceedings.
If you are nominated or appointed as a Personal Representative, there are several things you’ll want to keep in mind to ensure a seamless probate process.
Probate Court Jurisdiction and Venue
In Tennessee, your attorney will file for probate in the county where your loved one lived at the time of their death. This is wherever they consider to be their permanent home.
Across Tennessee, your probate case may be heard in a different type of court than a friend’s in another county. For example, in Davidson County the Circuit Court hears probate cases while in Rutherford County they are handled in General Sessions Court. Many counties process probate petitions through their Chancery Court. An experienced probate attorney will be able to tell you the procedure in the county where you live.
Tennessee Intestacy Laws
Intestacy laws in Tennessee come into play when there is no valid will. These laws dictate the distribution of assets when a person passes away without explicit instructions, outlining the order of inheritance among surviving family members.
Myth-busting: Many people are concerned that if they do not have a will, the government will take their belongings instead of their family. While there are certain exceptions where the government can claim funds that are owed to them, your closest family members will inherit if you do not have a will.
Validity and Execution of Wills
Tennessee recognizes several types of wills, from handwritten wills to the ones you think of that are typed up and signed in a lawyer’s office in front of a notary. Each type of will has different requirements in order to be “admitted to probate.” This just means that the court needs to make sure that the will is authentic before it is acted on.
The law is specific about how that authentication can happen. Probate laws delineate the requirements for a valid will and the various types of wills recognized in the state. Ensuring compliance with these stipulations is imperative for a seamless probate process.
Probate Inventory and Appraisal
Part of the probate process involves creating an inventory of the deceased’s assets and how much those assets are worth. This allows the heirs and beneficiaries to know what to expect in terms of inheritance and for the court to require insurance to protect those funds if needed.
Many people are concerned about their privacy if the inventory is made a part of the public record, but informal inventories are often used instead of filing as part of the public record. This can be written into your will or agreed to by your family after your death.
Creditor Claims and Debts
To handle creditor claims and debts, personal representatives must notify creditors and prioritize the settlement of outstanding debts so ensure that the distribution of assets is fair and equitable.
One primary responsibility of the personal representative is to pay any valid claims of the estate. Your attorney will assist you in notifying creditors, both by mail and in the newspaper, so that they can come forward and file claims if there is money owed. Your attorney will guide you through the process of evaluating whether those claims are valid and paying them (if appropriate).
Estate Administration and Accounting
Once all assets have been gathered and all creditors have been paid, it’s time to distribute the funds. An accounting, whether formal or informal, will assist the personal representative in getting the numbers right. Depending on family dynamics and the requirements of the will, the accounting may or may not need to be filed with the Court’s Clerk.
While the term “accounting” sounds scary, all it means is that you are keeping track of what funds come into and out of the estate. Your attorney will assist you in preparing the accounting if one is required by the court.
Will Contests and Disputes
Probate laws in Tennessee address the possibility of will contests and disputes, outlining the grounds for contesting a will and the specific procedures involved in resolving such disputes.
Probate taxation is an overview of estate taxes, potential tax liabilities, and exemptions are governed by Tennessee probate laws. Understanding and following the laws around taxation ensures proper estate planning and compliance.
Although Tennessee no longer has an inheritance or estate tax, taxes are still an important process of probate and estate planning. As part of the probate process, the personal representative will be responsible for filing the deceased person’s final income tax return, as well as any federal estate taxes. There may also be state tax returns due based on what types of assets the decedent had.
Your attorney and accountant will assist you with maintaining the deadlines and knowing what these requirements are.
Closing the Probate Estate
In the final phase of the probate process, assets are distributed to heirs and beneficiaries, and the personal representative or administrator is officially dismissed of their duties. Take some time to celebrate – you’ve made it!
Common Issues and Pitfalls
The probate process takes a lot of time and effort (and maybe three hundred takeout coffees). The costs include court filing fees, attorney fees and possibly personal representative fees, which adds up. It’s important to have an attorney who knows the laws and the best way to complete the process efficiently so as much money goes to the people that your loved one wanted to have it.
Most people want to know how long the process will take or have heard horror stories out of other states (looking at you, Florida!).
In Tennessee, it can take as little as six months, depending on when your person died, how fast the court moves, the assets involved, family dynamics, and other variables. In most cases, it takes at least a year, and often more. If everyone gets along, it’s not such a bad process, and the attorney will handle much of it for you.
We also encourage the use of an after-loss professional like Sunny Care Services who can take some of the most frustrating tasks off your plate.
If you’ve become the Personal Representative for your loved one’s estate and want to prevent a lengthy probate process, it’s a good idea to start planning now. Talk with an attorney who has experience with probate and estate planning. (Psst – that’s us!)
Recent Developments in Tennessee Probate Laws
Probate laws are subject to change, and recent developments, including legislative updates and notable court decisions, can impact the probate landscape. Staying informed about these changes will help you navigate the probate process instead of asking, “Is it over now?” when you’re only halfway through.
Fortunately, Graceful Aging Legal Services can help you stay informed on such topics with our newsletter. Sign up today!
When the chorus of life changes its tune and the caregiving role falls to your feet, you may be tempted to take a page from a pop anthem and think you can take care of your loved one on your own.
Before you tell your loved one, “You belong with me,” you need to put your oxygen mask. Long-term care isn’t just about playing hero; it’s about strategic moves, open conversations, and sometimes tough choices to keep the rhythm going strong.
Organization: A Beautiful Arrangement
Without the arrangement, the symphony is just noise. Without organization as a caregiver, you run the risk of much more than musical chaos: you risk harming your loved one.
Here are some ways to keep the composition arranged perfectly:
Know who else is playing – create a contact list of those instrumental in care.
Keep a list of medications in order to keep the mood right.
Make a list of caregiving tasks and service providers in case you need backup.
Consider centralized communications so you don’t have to sing on repeat.
Strumming the Strings of Self-Care
The spotlight’s charm fades when your spirits are lower than the lowest note you can sing. Being the primary caregiver is a test of endurance, a commitment that needs more than just a peppy melody.
Self-care is the unsung verse in this song, and nothing to scoff at:
Little breaks (or respite time) are instrumental in keeping your pace steady.
Support groups hit the right chord and provide backup to your solo performance.
Remember, if you’re out of tune, the duet with the person you’re caring for suffers. For a symphony of support for caregivers, a visit to The Administration for Community Living would be helpful.
Chorus of Conversations in the Family Band
The band won’t play together well unless each member knows the score. Discussing care strategies for your loved one can induce discord, but it’s a necessity. Here’s how to keep from going off-key:
Hold a family meeting to riff on everyone’s thoughts and responsibilities.
Encourage open dialogue—you all belong in this family ensemble.
Chart everyone’s care duties to avert a chorus of complaints later.
Is it time to orchestrate a family meeting? These AgeWell resources may help!
The Bridge to Assisted Living
You may be singing a sweet serenade, believing whole-heartedly that home is the only concert hall for your loved one. But sometimes, an encore in another venue—like an assisted living facility—might be the most logical option.
Here’s what to consider:
Assess your loved one’s needs—can you help them meet their everyday needs?
What are you willing to give up to become a caregiver? Will you retire or quit?
Take time for personal reflection—are you feeling overwhelmed?
How will caregiving impact your own savings/retirement plan?
Are you married, and is your spouse/family supportive of your choice?
Explore alternatives that can offer better care than you might solo.
Another note: are there ways you can still provide care while maintaining your current lifestyle (paid caregivers, nonprofit or faith community volunteers, adult day services, etc.)?
When the melody gets complex, check out our article on the pros and cons of assisted living facilities or ask those you trust about the experiences they’ve had with assisted living facilities.
Finale: Legally Tuning Your Care Strategies
There’s an encore element that demands attention: legal preparedness.
Having a plan in advance is like sheet music for the future, keeping everyone on the same page. Work with a legal service like Graceful Aging Legal Services, PLLC, that conducts these arrangements with expertise, so you can ensure the final movements of your caregiving symphony are in harmony with smart decisions for your future.
Securing the long-term care and future of a loved one is no solo act. It’s an orchestra of thoughtful planning, tied with legal strings that resonate within the court of life. So, tune your instruments, take a deep breath, and let the music play in confidence knowing you’re not in this alone. Contact us for help when you’re ready!
Aging in place is the ability to live in your own home and community independently, regardless of age or ability. It allows you to remain in familiar surroundings while maintaining a sense of autonomy. Planning ahead for aging in place is crucial to ensure a smooth transition and a comfortable future.
By getting informed about aging in place, you can make good decisions that will positively impact your quality of life as you grow older.
Benefits of Moving Early
One of the main benefits of moving early is increased housing options. By planning ahead, you can explore different housing choices that cater to your needs and preferences.
Enhanced quality of life is another advantage. If you start early, you can create a supportive and comfortable living environment that promotes your overall well-being while reducing stress. When you plan and prepare, you can avoid the rush and uncertainty of emergency moves.
Improved safety is important, too. Adapting the living space to accommodate changing needs can prevent accidents and injuries, meaning you’ll be healthier and happier.
Assessing Your Needs
When planning to age in place, it is important to assess and address specific needs. Here are some things you can do:
Make simple home modifications like grab bars and clear plenty of space to walk or move with mobility aids.
Invest in medical equipment or technology like stairlifts, home monitoring systems, etc., for added peace of mind.
Check into community support services, like meal delivery programs and in-home care providers, to stay socially engaged.
Secure accessible transportation so you can get where you need to go, even if your situation changes.
Our area has awesome resources for those who want to stay independent without personal vehicles. Check out WeGo, Senior Ride Nashville, or Wilson County Rides in addition to rideshare programs. If you need transportation to a medical appointment and have a Medicare Advantage plan, you may have transportation benefits!
Exploring Housing Options
Independent living communities provide a range of housing options that cater to those who want an active and social lifestyle. These communities usually offer amenities and services designed to enhance well-being and promote socialization.
Assisted living facilities are suitable for individuals who require some assistance with daily activities. Trained professionals are available to provide support while still allowing residents to maintain their independence.
Nursing homes provide comprehensive 24/7 care for individuals with complex medical needs. These facilities offer skilled nursing services and rehabilitation programs.
Our personal favorites, though, are continuing-care retirement communities. They provide a continuum of care, helping people transition seamlessly between independent living, assisted living, and nursing care as their needs change. While you may never need anything more than independent living, it’s comforting to know that you won’t have to plan another big move or relocate further from friends and family.
Financial Planning
Most people ages 65 and up are eligible for Social Security retirement benefits. Additional government assistance programs, such as Supplemental Security Income (SSI) and Veterans Affairs (VA) benefits, may be available to eligible older adults. Exploring these options can provide extra financial support.
Consistently saving for retirement ensures you’ll have the necessary funds to support your desired lifestyle. Retirement savings, such as 401(k)s and IRAs, can help you live comfortably in retirement. If you are fortunate enough to have a pension, it will be a great resource to help your quality of life in your golden years.
For these types of accounts, you’ll want to make sure that you name a beneficiary with your financial institution. If you have a pension, you will need to designate whether you want your spouse to continue receiving income in the event that you predecease them.
Medicare and Medicaid are government programs that provide healthcare coverage for seniors. Understanding the eligibility criteria, available benefits, and how (or whether) they can be combined with other plans is essential for effective financial planning.
Your Medicare coverage may assist with certain improvements to your home and home health care under limited conditions. Medicaid (also called TennCare) is frequently used by individuals in nursing homes to supplement their income to pay for care.
Long-term care insurance can help cover the costs of assisted living, nursing homes, and in-home care. It provides financial security and peace of mind for individuals planning their futures and provides more robust and flexible solutions than relying on Medicare or Medicaid alone.
Long-term care insurance can be expensive, but there are newer options to make it a better value overall, such as hybrid policies that provide a death benefit and deduct the amount spent on long-term care needs. Your insurance agent is a great resource to talk through these options.
Building a Support Network
Family and friends play a vital role in supporting those who wish to age in place. Reliable support systems can provide emotional support and practical assistance, ensuring that loneliness is never an issue.
Community organizations like FiftyForward and other local non-profits offer various activities and services to help seniors stay connected. Support groups for older adults can offer a space to share experiences, find understanding, and receive advice from others facing similar challenges. These groups foster a sense of community and provide emotional support.
Professional caregivers can provide specialized assistance and care for individuals who require additional support. Hiring trained professionals can ensure individuals receive the help they need while remaining in their own homes.
Maintaining Independence
Physical exercise and wellness are essential for maintaining independence and overall well-being. Engaging in regular exercise like walking or fitness classes can improve strength, balance, and flexibility.
Mental stimulation and cognitive health are also important. Doing puzzles, reading, and socializing can help keep your mind sharp and promote cognitive function. A little daily Wordle competition is a favorite in April’s house.
Nutrition will help you maintain good health. A balanced diet of fruits, vegetables, and whole grains can support overall well-being and energy levels.
Keep appointments with doctors and specialists to manage existing health conditions and address new concerns. Regular check-ups, screenings, and preventive care can help individuals stay healthy and catch any potential issues early.
Want More Info on Aging Gracefully?
Taking these steps will help increase your chances of having a comfortable and fulfilling future.
Remember, it’s never too early to start thinking and planning for your golden years.
By the way, there’s a FiftyForward event coming up on 1/16 to discuss housing. We’ll be there – will you?
Caregiving is an important responsibility. It involves providing essential services to another person (often a senior), helping empower them to live their best life even as they age.
Understanding the Caregiver Role
Caregivers must understand the tasks and responsibilities they may be taking on, and think carefully about what boundaries they’d like to set in advance. Doing this is a crucial part of performing the job well and ensuring each person receiving care gets the help they need.
Caregiving works best when it’s a community effort. There’s a lot of joy in caregiving (which is something not everyone expects when they go into it). You may think of caregiving as “This is how I’m helping someone else,” but you’re actually helping your future self as well. Caregiving provides an opportunity to think about your goals and be more proactive about aging than you would have been if you weren’t a caregiver.
It takes a village to be a caregiver – so don’t forget to lean on the support of others during this time. (More about that later!)
Some typical roles of a caregiver include tasks such as:
Planning or providing transportation for loved ones
As a caregiver, it’s important to remember that the role can sometimes present physical and emotional challenges. Working to meet this head-on and find solutions is an important part of advocating for the individual you care for and yourself. Don’t forget to laugh where you can – it’s a great way to cope with the emotional and physical strain, build rapport, and enjoy this season!
Planning to Help Them Age in Place
Aging in place refers to the ability of an individual to live in their home and community safely and independently. Caregiving can help facilitate this process, enabling seniors to keep their homes rather than move into an assisted living facility.
(Aging in place isn’t the only option, however; some older individuals prefer to downscale or move into an assisted living facility for more companionship. Make the choice that works best for you and your family.)
Proactive caregiving should always provide a supportive environment for daily living activities. Evaluate the home for potential hazards and make necessary modifications and adaptations.
Some helpful and simple changes that can significantly increase safety include:
Everything they need, on one level. Although most people opt for single-story homes, it is possible to have a multi-story home and still embrace this principle. For example, April has everything she needs on the ground floor of her home except her washer and dryer. But she plans to hire someone to do her laundry once she can’t make it up and down the stairs safely!
Installing grab bars and ramps. All of us lose our balance sometimes, but as we age, it can become more common. Having something to provide stability within the home is important.
Using non-slip flooring and removing throw rugs. What is the point of throw rugs, anyway? Over time, they all curl up and cause a major tripping hazard.
Use cord covers. Unless you want to go entirely off the grid as you age, cords will be a part of your life. They can be a tripping hazard, but cord covers can help!
Exploring accessible technology resources. Another aspect of aging can be limited vision and hearing. It can be helpful to find ways around these impairments.
Using medication management apps. Reminders are especially important to those who need to take their medicine at the same time daily.
Building a Support Network
Anyone who has worked in caregiving knows that it is overwhelming. Having a strong support network for both caregivers and the senior individual is of the utmost importance.
Caregivers should seek to involve family and friends in the caregiving journey as much as possible. These people can provide much-needed assistance and emotional support as the situation is navigated. It’s also wise to utilize professional support, such as home healthcare aides or respite care services. Remember, you can’t pour into someone else’s life if you are empty, so respite care can be vital for your well-being!
There are also many community organizations and support groups that connect caregivers with others who understand their experiences.
Remember – a support network doesn’t have to just include those providing care to the person who needs care. A good support network should also provide care to the caregiver. As April says, “Don’t think you need to be a first-line caregiver to be important in the caregiver support system.”
Self-Care for Caregivers
Taking good care of yourself provides a strong foundation to care for others. Burnout is a common issue for caregivers but must be dealt with for the overall well-being of both the caregiver and the person who is receiving care.
So how should caregivers manage their mental health and levels of burnout?
Here are some ideas:
Practice mindfulness to stay emotionally healthy
Engage in hobbies to keep your creativity alive
Move your body and exercise
If you’re still feeling burned out despite your best efforts to manage your stress, it can be a wise idea to seek respite care services. These services can help provide you with a break from your caregiving responsibilities and allow you to rest. You can also consider joining a support group designed especially for caregivers!
But what if you’re a friend or family member of a caregiver and want to know how to support them?
Here are some specific examples you can use:
A daily or weekly phone call to check in
Giving your friend a break every now and then
A monthly hike with a friend (boom – friendship and exercise!)
Send a thoughtful card or letter their way to encourage them
Bring them homemade meals or gift cards
Communication and Decision-Making
Trust is one of the most essential components of caregiving and aging in place. Good communication helps facilitate this trust, allowing caregivers and those receiving care to speak honestly about future goals and preferences.
Legal preparations, such as establishing power of attorney or creating a living will, can help ensure the senior’s wishes are respected and get all involved parties on the same age about end-of-life planning. Ensure all decision-making processes are clearly outlined to avoid any conflicts or misunderstandings.
Supported decision-making involves everyone – not just the person who is approaching end of life, but those who are involved with their care and part of the overall support system. The most important thing a person of any age can do is to talk to their support system in advance.
First, talk to your family about your wishes, then write them down. Make sure everyone’s on the same page. If you can only do one of the two things, talk to your family.
Financial Considerations
Having finances in order is also crucial for aging in place. Understanding the insurance options and government assistance programs is important for caretakers to assist seniors with tasks like budgeting and managing support services. Resources that could prove helpful include FiftyForward and TCAD in Tennesee.
Long-term care insurance, veteran’s benefits, Medicaid, and Medicare are some common options that can help with the financial aspects of caregiving and aging in place. It’s best to seek help from a trusted financial advisor or insurance agent to work through these options and determine the best way to combine them, if possible.
Resources and Recommendations
Consider checking out books from your local library about caregiving or finding helpful websites about caregiving.
You can also ask for recommendations from caregiving friends or family about programs that will support you!
Community programs like meal delivery programs and dial-a-ride services provide social engagement opportunities and promote overall well-being for seniors. Be sure to find out what services are available in your area, as they can be wonderful enrichment opportunities.
Contact Graceful Aging Legal Services to Learn More!
Proactive caregiving makes it possible for seniors to successfully age in place. As a proactive caregiver, you should make it a top priority to create a safe and comfortable living environment for the person you’re caring for.
Understanding your role and what resources are available is critical in ensuring seniors maintain independence and dignity as they age, and having the right support can help you ensure you’re providing the best care possible so both you and the person you’re caring for have a positive quality of life.
At Graceful Aging Legal Services, we aim to help seniors age well. Part of this includes planning for their future and the future of their families. Want to learn more about aging in place? Contact us today, and we’ll help you prepare and organize so that major decisions aren’t looming over your head!
Is a care community the right place for your loved ones? There are a lot of terms out there for what living situations can look like as you age, and it’s easy to get them mixed up. Luckily, it’s not as confusing as it sounds.
Today we will discuss assisted living facilities: what they are, what they can do for your loved ones, and potential drawbacks.
Getting informed about your options is the first step in making the best choice for your family’s needs. It also means that you can be the expert the next time someone throws up their hands and asks, “What is the difference between a nursing home and assisted living?”
What is an Assisted Living Facility?
An assisted living facility (ALF) is a residential option for individuals who require assistance with daily activities but do not need the level of care provided in a nursing home. These facilities offer a combination of housing, support services, and personalized care to promote independence and well-being. Think of assisted living as an apartment complex with friendly neighbors that happens to have trained caregivers on staff.
On the flip side, a skilled nursing facility, AKA nursing home, is a residential care facility designed for the long-term care of adults with serious health conditions. People living in an assisted living facility can still manage their independence and well-being, while nursing homes are for those who need more help.
Benefits of Assisted Living Facilities
Here are the pros of ALFs:
Professional Care and Assistance: Trained caregivers assist with tasks such as bathing, dressing, medication management, and mobility. This professional care ensures that residents receive the support they need to maintain their health and well-being.
Safe and Secure Environment: Assisted living facilities prioritize the safety of their residents. They have safety measures in place, such as emergency call systems, 24/7 staff availability, and secure premises. This creates a secure environment where residents can feel protected and have peace of mind.
Opportunities for Socialization: Your loved one can participate in a built-in community of peers, providing opportunities for socialization and companionship. Various social activities, events, and outings allow friendships to bloom and reduce feelings of loneliness and isolation.
Access to Amenities and Services: Assisted living facilities often provide a range of amenities, such as dining services, housekeeping, transportation, and recreational activities. These amenities enhance the quality of life for residents and make daily living more convenient and enjoyable.
Drawbacks of Assisted Living Facilities
Here are the cons of ALFs:
Lack of Independence: Moving into an assisted living facility may require some adjustment, as it can mean a loss of independence for adults used to living on their own. The level of independence can vary depending on the facility and the person’s needs.
Costs and Financial Considerations: Assisted living facilities can be expensive, and the cost is not covered by Medicare. It’s also not typically covered by Medicaid either, but it could be covered by long-term care insurance. It’s essential to consider the financial implications and assess if the cost is manageable for your family in the long term.
Adjustment Period and Potential Discomfort: Moving to a new environment can be challenging for some people, especially if they have lived independently for a long time. It may take time to adjust to the new surroundings and routines, which can cause initial discomfort.
Potential for Limited Personal Care Options: While assisted living facilities offer a certain level of care, it may not be as personalized as individualized home care. Some people may have specific care needs that cannot be fully met within the facility’s structure.
Downsizing to a Smaller Living Space: Going into a small apartment at an assisted living facility from a multi-bedroom home is a huge adjustment. Many people spend their entire lives collecting things that need to be sorted through and majorly downsized or moved into storage.
Factors to Consider When Choosing an Assisted Living Facility
Not sure what to think about? Here you go:
Location and Accessibility: Think about where their support system is located, as well as amenities and healthcare services. Accessible transportation options and a convenient location can make it easier for loved ones to visit and for residents to engage in community activities. If location is a dealbreaker, consider in-home care instead.
Quality of Care: Research the facility’s reputation and quality of care. Look for certifications, accreditations, and licensing information.
Staff-to-Resident Ratio: Ask about the staff-to-resident ratio to ensure that there are enough caregivers available to provide personalized attention and care. A low staff-to-resident ratio can indicate that residents may not receive adequate support.
Turnover Rate: Everything is a bit more complicated after COVID, but finding out how many of the nurses/CNAs have been there over a year can be a good indicator of how consistent the care is at that facility.
Available Services and Amenities: Review the services and amenities offered by the facility. Consider the specific needs and preferences of your loved one and ensure that the facility can meet those requirements. This may include dietary accommodations, transportation, housekeeping, and recreational activities.
Costs and Affordability: Evaluate the cost structure and understand what is included in the fees. Inquire about any additional charges or potential increases in the future. You’ll want to make sure that the facility’s costs align with your budget and financial capabilities.
Reviews and Recommendations: Seek out reviews and recommendations from residents and families with experience with the facility. Their firsthand insights can provide valuable information about the quality of care, staff, and overall resident satisfaction. You can also ask friends about where their family members who need care have lived.
Gut Instinct: Make sure you tour options before making a final decision. Sometimes you will get a feeling that something is off or not a good fit, and sometimes you will know that the care community is a great fit for you or your loved one.
Independence with a Little Help
If your mom’s joints are starting to slow her down, but she’s still independent enough to defend her position as the best bridge player in her weekly group, an assisted living facility might be the right choice for her.
There are also independent living facilities (like retirement facilities/retirement dorms) that accommodate those who need a little bit of help but don’t need as much control over where they go and what they do.
Assisted living facilities offer help when residents need it and space when they don’t, allowing your family members to retain their independence and helping you keep your peace of mind. Going through any major living change can be hard, and your loved ones may struggle with the idea of potentially losing their independence.
It’s also wise to choose an assisted living facility attached to a retirement home, as it provides a quick transition for your loved one if their situation declines.
(No one wants to have to look for another facility or worry that the facility they’re at doesn’t provide the care their family member needs!)
These are called “step-up” or “step-down” facilities, enabling you to relax knowing that, no matter what happens to your loved one’s health, you’ve planned for their needs.
Your support and research into potential facilities is crucial. Weighing all the factors allows you to make an informed decision that best suits your loved ones’ needs. Sometimes what your loved ones need is a new community to be a part of (and to beat at cards).
Check out our blog for more advice about caring for your loved ones as they age.
Death is an undeniable aspect of the human experience, yet it remains one of the least discussed subjects in our society. We avoid talking about it, even though we’re surrounded by death all our lives, and it’s the final transition we go through. By avoiding the topic of death, we miss out on opportunities to grow both personally and in our relationships with others. It’s only by confronting it head-on that we can truly find peace in the face of this inevitable transition.
Main Causes of Fear Surrounding This Transition
There are many reasons why thinking of our final transition might be scary, but one of the main causes could be that staying silent about it does us no favors. After all, we “fear the unknown,” and death is one of the greatest unknowns in life.
Grief may also impact our view of death. However, a big part of the pain of grief – again – is the fact that people don’t talk about it. When a loved one is no longer with you, you should talk about them to the people closest to you. To tiptoe around the elephant in the room is painful for everyone involved. The person you lost was a life – and, in many cases, a major part of your life. You can and should grieve that for as long as it takes.
It’s also important to prepare your kids for death by being honest about the reality of it.
If you can, start slow by saying that you’re sad because a pet died – or your friend died. If you’ve experienced a death in your family, letting your child be involved in the memorial can bring a great deal of peace, too. As is true in many other areas of communication, age-appropriate honesty and clarity are good rules of thumb.
To find peace in the face of death, we need to embrace our mortality and realize that this transition will happen to us one day. Acceptance and surrender are key parts of the process. By acknowledging that death is part of life, we can begin to let go of our fear and resistance. It is through acceptance that we can find meaning and purpose, knowing that our time is limited.
This allows us to prioritize what truly matters and live life to the fullest. Each moment becomes more precious, and we become more present and engaged.
Part of this is also to “death-proof” your life. Another reason death could scare us is because we don’t want life to end – we have so much left to do!
But if you live every day as if it’s your last by not putting things off, you will minimize the regrets you have as you face death. This also helps prevent regrets your loved ones could have from strained relationships. Treating every day as if it’s your last – and dealing with your unresolved anger – can be a huge step in the right direction.
Ruminating on death – as strange as it may sound – can also help. Caitlin Doughty of “Ask a Mortician” has an informative YouTube channel dedicated to unpacking death. She talks about historical and cultural traditions surrounding death and more.
You can plan for the practical aspects of death by asking yourself:
Do I want to be cremated, buried naturally, or embalmed – or something else?
What do I want my funeral service(s) to be like?
Is there anything I’d like in my casket (if not cremated)?
What pictures do I want to be shared at my funeral? (Create a shared album!)
What songs do I want to be played at my funeral? (Create a playlist!)
What do I want to be remembered for?
What do I want my obituary to say? (Write it yourself!)
Finding Peace in the Face of Death
Several strategies can help us find peace when confronted with the reality of death. Meditation and mindfulness can be powerful in fostering a sense of calm and acceptance. By focusing on the “now” and accepting our thoughts and emotions without judgment, we can remember the impermanence of life and find peace.
Connecting with nature is another effective way to find solace in the face of death. Time outdoors, surrounded by the beauty and wonder of the natural world, can remind us of the cycles of life and the interconnectedness of all living things. Nature has a way of putting things into perspective.
Spiritual guidance can also provide comfort and support. Whether through religious practices or personal beliefs, spirituality helps us understand and navigate the mysteries of life and death. Connecting with something greater than ourselves can bring a feeling of peace and purpose.
Support Systems
Strong support systems are vital throughout our lives. Family and friends can provide a great deal of emotional support and companionship during difficult times. Sharing our fears, worries, and emotions with loved ones can lighten our burdens and help us feel less alone in our journey.
Our support systems help us celebrate new life – and they help us cope with life lost. When loved ones have been on the brink of death (or even approaching unknown circumstances in their lives), friends and family show up early in the morning and late at night to support us, share resources, and provide light in an otherwise dark time.
If you’ve recently lost a loved one and have no idea what to say when they tell you, “Let me know if you need anything” (or if you’re the one asking), we’ve got you! Keep reading to learn how to sign up for our newsletter, where you can get helpful resources like “15 Ways You Can Help a Friend Who is Grieving the Loss of a Loved One”! (Coming soon!)
Therapy and counseling can also help you navigate the complex emotions that crop up when confronting death. A trained professional can provide guidance and help you process your feelings, offering tools and strategies for finding peace and acceptance. (Real talk: when April’s mother-in-law died, her therapist was the first person she called after the funeral home.)
Support groups are another valuable resource. Connecting with those who have experienced similar loss or are facing their mortality can provide a sense of belonging and understanding. Sharing stories can be cathartic and can offer new perspectives about your experience.
Legacy and Leaving an Impact
Thinking about our legacy is another way we can find peace. Documenting our personal stories, whether through writing or other self-expression, can help us reflect on our lives and leave a lasting impact. By sharing our experiences, wisdom, and lessons learned, we can inspire others. If you wonder what you’d be leaving unsaid if you died tomorrow, writing it out and leaving a message for the people you love can put your mind at ease.
Acts of kindness and service are another meaningful way to leave an impact. By choosing acts of love and compassion, we create a ripple effect that goes far beyond our own existence. Small gestures of kindness can bring comfort and joy to others, and they can also bring us a sense of fulfillment and purpose.
Building relationships is also crucial in finding peace in the face of death. Nurturing connections with loved ones and building meaningful relationships allows us to leave a lasting impact on the lives of others. When we invest in our relationships and foster deep connections, we can find solace in the knowledge that we have made a difference in the lives of those we love.
Maya Angelou once told a beautiful story of her Uncle Willie and the legacy he left. Chances are that her uncle never knew the great impact he left – not only on his niece but on the other people he interacted with.
Legacy is something that we are always unintentionally building. Build it well!
Finding Peace Through Planning for the Future
Embracing the journey and finding peace in the face of death is a deeply personal and transformative process. Acknowledging the reality of our mortality and embracing death as an integral part of life helps us find solace. Through practices like meditation, connecting with nature, seeking spiritual guidance, and leaning on our support systems, we can navigate the complex journey of confronting death.
Leaving a positive legacy and cultivating meaningful relationships can bring a sense of purpose and fulfillment. Ultimately, by embracing the journey and confronting death with an open heart and a willingness to explore the unknown, we can find peace, growth, and enlightenment.
Navigating TennCare/Medicaid: What You Need to Know
What is TennCare? What’s the difference between that and Medicaid? How do you know if you’re eligible for it, and what can you do about it if you aren’t?
Fear not, dear reader, we’ll answer all of those questions and more as we dive into what you need to know about TennCare/Medicaid!
What is TennCare/Medicaid?
Simply put, each state has a name for its own Medicaid program. TennCare is the state of Tennessee’s Medicaid program. It’s a way of saying “Tennessee Medicaid” in fewer syllables.
In terms of what TennCare actually does, it’s a healthcare program that provides medical assistance to low-income individuals, pregnant women, children, and individuals with disabilities. It is funded by both the Tennessee and federal governments, and the primary goal is to ensure that everyone has access to essential healthcare services.
Who is eligible for TennCare?
To be eligible for TennCare, you have to meet specific income requirements and fall into a certain category. If you’re a low-income adult, a child, a pregnant woman, an elderly individual, or an individual with a disability, you’re in an eligible category. However, you still need to qualify based on your specific circumstances and resources available within the program.
Why is it important to understand TennCare?
Understanding TennCare (Medicaid) is crucial because it can provide you and your family with affordable access to healthcare services.
Most seniors are on a fixed income. The median retirement income for Tennesseans is just under $2,000.00-but the cost of a nursing home averages around $7,500 a month. Even if your loved one has savings that can be allocated toward their care, those savings can be depleted quickly. Knowing the eligibility criteria, application process, and coverage options can help ensure that those in need can receive the necessary medical care.
At Graceful Aging Legal Services, we have experience with TennCare applications. We’d be happy to discuss how you can protect your savings and your spouse while still qualifying for TennCare. Another good resource is Tennesse Justice Center, if you’ve got any questions.
What’s Covered?
The purpose of TennCare is to make sure that you have access to essential healthcare services that help you to maintain your well-being. With that in mind, there are a wide range of medical services covered under TennCare. However, some services, like nursing home care, require further application.
Services include:
Doctor visits, hospital stays, preventative care, and emergency services
Prescription drugs for managing health conditions
Counseling, therapy, and other treatments for mental health conditions
Dental and vision care
Applying for TennCare/Medicaid
Find out about the application process and what documents and identification information you’ll need to apply – and what not to do, so you can avoid delays.
Application Process
Applications are no one’s idea of a good time, but they are unfortunately necessary for TennCare. Luckily, the process isn’t as grueling as it used to be. You can do it online, by mail, over the phone, or in person, so pick whatever is easiest for you. If you have questions about the process or want someone to help you through it, that’s what we do for some of our clients!
To make the process easier, prepare all of the documents and information that will be needed for your application ahead of time. That will make filling out the actual paperwork go by much faster!
Required documents and information
Documents to prepare:
Identification documents
Medical history
Proof of income
Health insurance information
Information to have on hand:
Social security numbers of everyone applying
Dates of birth for everyone applying
Current income
Current address
Contact information
Citizenship and immigration status
Car and property value
Bank and financial statements (3 months)
Vehicle title (Kelley Blue book value)
Life insurance policy information
Common mistakes to avoid
Mistakes mean delays or denials of coverage, so here are major mistakes to avoid:
Providing incorrect or incomplete information
Failing to include required documents
Not reporting changes in income or household size
Transferring property or making large gifts
Sharing bank accounts and funds with someone other than a spouse
Renewing and Managing TennCare/Medicaid
Here are the key steps to renew and manage your TennCare plan.
Renewal process
TennCare coverage is not permanent and needs to be renewed periodically. TennCare will try to renew your coverage using the information they already have on file, but they may need further information. Keep an eye out for a renewal packet, and fill out the required information as soon as possible.
Reporting changes in income or household
It is essential to report any changes in income or household size to TennCare. These changes can impact eligibility and may require you to update your information or submit additional documents. Failing to report changes promptly can lead to complications in coverage.
Appealing decisions
If your TennCare application or renewal is denied, there is an appeals process in place. This allows you to challenge the decision and provide further information or evidence to support your eligibility. If you get to this point we recommend working with an advocate, such as a lawyer or non-profit agency like the Tennessee Justice Center.
Want to Know How We Can Help You Qualify for TennCare?
Graceful Aging Legal Services is here to help! Contact us today to set up an appointment to talk about TennCare and estate planning, or caring for someone who needs advanced care without the resources to pay for it.
Aging often comes with increased healthcare costs and healthcare costs impact everyone—regardless of income level. Miller Trusts are a legal tool that helps individuals with high income qualify for Medicaid long-term care benefits. With a Miller Trust in Tennesee, you can become eligible for TennCare even if you are over the “income cap” set by the state.
What is a Miller Trust?
The Medicaid program (called TennCare here in Tennessee) typically requires limited income to qualify. A Miller Trust is a legal arrangement designed to help those with high income qualify for Medicaid long-term care benefits. By establishing a Miller Trust, also known as a Qualified Income Trust, you can redirect your income into the trust, your income then becomes exempt from Medicaid income calculations.
Why are Miller Trusts Used in Tennessee?
Tennessee is an “income cap” state for Medicaid. That means that those who have income above the cap will not qualify for TennCare. Miller Trusts are used primarily as a tool to create eligibility for Medicaid/TennCare even when you might have too much income. There are times when assets may fall within Medicaid eligibility requirements while income exceeds eligibility limits. In this case, a Miller Trust can help.
Without a Miller Trust even when assets meet eligibility requirements, income may exceed the limits for Medicaid eligibility. By redirecting income into a Miller Trust, you can effectively reduce your income for Medicaid eligibility purposes, ensuring you can receive necessary long-term care benefits.
The Benefits of Miller Trusts
There are several key benefits associated with establishing a Miller Trust.
Qualifying for Medicaid
The primary benefit of a Miller Trust is that it allows individuals with middle to high income to qualify for Medicaid long-term care benefits. A Miller Trust provides a way to legally redirect income into the trust effectively lowering income for Medicaid eligibility purposes.
Preserving Income
Miller Trusts also provide a means to preserve income. Instead of having to find a way to reduce your income to meet Medicaid’s income requirements, you can redirect your income into the trust. This ensures you can continue to receive your income while still qualifying for Medicaid long-term care benefits. It provides a way to maintain some financial flexibility while accessing the necessary healthcare coverage.
The Process of Setting Up a Miller Trust
The process of setting up a Miller Trust involves several key steps.
Gathering Financial Information
The first step in setting up a Miller Trust is gathering all relevant financial information. Financial information must be thorough including all income sources and other financial details to create a comprehensive financial report. An effective Miller Trust helps you meet income qualifications for Medicaid. In order for a Miller Trust to work for you it is critical to have an accurate understanding of your current financial situation.
Selecting a Trustee
The next step, in setting up a Miller Trust is to select a trustee. It is important to choose someone who possesses good organizational skills, excellent financial management, and will always prioritize your best interests. Opting for a trustee (typically a family member) who works with a lawyer who has a focus on Medicaid planning to set up the trust ensures they can adeptly navigate the intricacies involved in establishing a Miller Trust. Once the trust is established, it’s usually not too difficult to care for the account.
Creating the Trust Agreement
Once a trustee has been selected the next step is to create the trust agreement outlining the terms and conditions of the trust, including how income will be deposited into the trust and how it will be used for qualified expenses. Consulting an attorney experienced in Medicaid planning is crucial to ensure that the trust agreement is drafted correctly and in compliance with all applicable regulations.
Funding the Trust
After the trust agreement has been created and signed, the next step is to fund the trust. This involves transferring income into the trust, which will then become exempt from Medicaid’s income calculations. This typically involves setting up your Social Security to be direct-deposited to the trust account. You can likely do this online if you have an online account with the Social Security Administration.
It is essential to follow all necessary procedures and guidelines when funding the trust to ensure that it is done correctly and in compliance with Medicaid regulations. Make sure you work with a banker who is familiar with Miller Trusts to be sure that all regulations are followed and ensure that all necessary documentation is provided. Your attorney should be able to provide recommendations for banks they have successfully worked with in the past.
Meeting Medicaid Requirements
Finally, meeting all Medicaid requirements is essential. Income limits, reporting, documentation and any other Medicaid requirements must be met for a Miller trust to be effective. Consulting with an attorney with experience in Medicaid planning can help ensure all requirements are met.
Managing a Miller Trust
Once a Miller Trust has been established, proper management is essential. Here are a few key considerations.
Using Trust Funds for Qualified Expenses
The funds in a Miller Trust should be used exclusively for qualified expenses. This includes medical and long-term care costs that are not covered by Medicaid/TennCare. For example, if Medicaid covers one set of dentures every two years but you lose yours before it’s time to get a new set, you can use it to cover another set of dentures. It is important to keep accurate records of all expenses paid from the trust to ensure compliance with Medicaid regulations.
A trust can also be used for professional expenses. For example, a Miller Trust can be used to pay for legal fees.
Keeping Accurate Records
Record keeping is a vital aspect of managing a Miller Trust. Accurate records of all income deposits, expenses paid and other trust related financial transactions are necessary for proper trust management. The records are required for ongoing compliance as well as the TennCare redetermination period when you will need to submit proof that you still financially qualify for TennCare/Medicaid.
Reporting to TennCare/Medicaid
As a Miller Trust beneficiary it is important to report any changes in income or financial circumstances to TennCare/Medicaid if there is a significant increase. This includes significant increases in income sources, the amount of income deposited into the trust, and any other relevant financial changes. By keeping Medicaid informed – and by getting in touch with an experienced Medicaid attorney – beneficiaries can maintain their eligibility and continue to receive the necessary healthcare coverage.
For example, if you get a Miller Trust and then get an inheritance, you may no longer be eligible for TennCare/Medicaid. However, at that point, it would be wise to talk to an experienced Medicaid attorney, because they may be able to help you if you notify them quickly and before the inheritance is received.
Potential Challenges and Considerations
While Miller Trusts can be a valuable tool for Medicaid planning, there are some challenges and considerations to keep in mind.
Legal and Financial Implications
When establishing a Miller Trust there are serious legal and financial considerations making it vital to consult with an attorney who has Medicaid planning experience. An experienced attorney will help ensure all legal requirements are met and help you fully understand the implications of a Miller Trust.
Estate Recovery
In all cases, Medicaid will seek to recover expenses paid on behalf of a Miller Trust beneficiary from the beneficiary’s estate after their passing. In other words, anything in the Miller Trust at the end of life will go to the TennCare/Medicaid office This is known as estate recovery. It is important to understand the potential implications of estate recovery and to plan accordingly when establishing a Miller Trust.
Monitoring Eligibility Requirements
Medicaid eligibility requirements can change over time and it is important to monitor these changes to ensure ongoing eligibility. It’s in your best interest to stay informed about updates and changes to Medicaid requirements.
Consult Graceful Aging Legal Services for Your Miller Trust
Miller Trusts provide an option for individuals who have significant income and want to qualify for Medicaid long term care benefits. If you or someone you love falls into this category, a Miller Trust is an option to divert your income.
In addition to the oftendifficult conversations surrounding estate planning, establishing and managing a Miller Trust can be quite complex and challenging. It is advisable to seek assistance from a lawyer who focuses on Medicaid planning to navigate the process of establishing and managing a Miller Trust.
If you have more questions about Miller Trusts and would like to know if it’s a good option for you or your family, click here to schedule an initial call with our office. We’d love to work with you!
Did Michael Oher need a conservatorship? The real question behind the recent news that Oher requested (and has been granted) a termination of his conservatorship is whether or not he needed one in the first place.
Today we’ll go over the necessary criteria for a conservatorship, and what information courts need in order to grant one. We’ll cover the usual processes for putting a conservatorship in place, and look at how Oher’s conservatorship was different, based on public records available.
Who is Michael Oher?
Michael Oher’s football success began long before his rise to fame. Born in Memphis, Tennessee, Oher grew up in a disadvantaged neighborhood. Through the guidance of the adults in his life, he was able to show his football skills to the right people and become a successful NFL player. This eventually led to the publication of The Blind Side: Evolution of a Game by Michael Lewis, which was adapted into the movie “The Blind Side”.
Understanding Michael Oher’s early years is crucial to grasp the circumstances that led to his conservatorship.
Growing up in a disadvantaged environment, Oher faced numerous challenges. However, he was not without adult guidance. He moved in with the Tuohy family before his senior year of high school with the understanding that they were adopting him.
Recent news articles have made it clear that the adoption didn’t happen. Michael Oher was not adopted, even though he could have been; the state of Tennessee has laws in place that permit adult adoption, which 18-year-old Oher would have been eligible for.
Instead, Michael Oher was placed into a conservatorship run by the Tuohys.
A Quick Look at Conservatorship
There are a few finer points to conservatorship in Tennessee that are important to know.
The Purpose of Conservatorship
Conservatorship is a legal arrangement where an appointed conservator assumes the responsibility of managing the personal and/or financial affairs of an individual who is unable to do so themselves.
This legal process exists to protect vulnerable individuals, ensuring their well-being and safeguarding their interests. There have been ongoing updates to conservatorship law in Tennessee in order to guarantee that a conservatorship is in the best interests of the individual.
The conservator’s job is to manage the personal and/or financial affairs of the individual under conservatorship because they cannot perform those duties themselves. Most commonly, conservatorships are a way for adult children to take care of aging parents when they can no longer take care of themselves.
The Conservator’s Role
A conservator is tasked with making important decisions related to the individual’s well-being, which could include medical care, housing, and financial management. Their responsibilities extend to ensuring the individual’s safety, providing necessary support, and advocating for their best interests.
With the authority granted by the court, the conservator has the power to make significant decisions on behalf of the individual under conservatorship. This often includes medical decisions, which means that taking on a conservatorship requires careful consideration of the individual’s needs and preferences while adhering to legal and ethical guidelines.
Michael Oher’s Conservatorship
Since the court granted a conservatorship over Oher in 2004, the Tuohy’s have been responsible for his important decisions for the past two decades, despite Oher being a legal adult. Now he’s filed a petition to end the conservatorship, which places the motivations and processes behind the original decision under heavy scrutiny.
The big question: did the Tuohys place Oher under conservatorship to protect his best interests, or did they use it to take advantage of him? Could the guidance they provided him have been given without a conservatorship?
One, there has to be an emergency situation, or two, the person under conservatorship has to live with a medically evaluated disability that affects their ability to take care of themselves.
There was no emergency, urgent or otherwise, when Oher was placed under conservatorship, and there was no qualifying disability. In fact, Oher’s order specifically states that he doesn’t have a disability, which raises more questions than it answers.
Without either of those criteria being met, it seems odd that the Court found a conservatorship to be in his best interest. In addition, there was only one court hearing to review the conservatorship, and it did not involve the input of any medical experts.
They also waived the guardian ad litem, which is unusual. The guardian ad litem is an attorney appointed by the court to make a recommendation following an investigation into whether someone needs a conservatorship. They’re the safeguard on behalf of the individual, and the guardian ad litem is hardly ever waived. In the cases where it is waived, it’s typically because the person filing for conservatorship is a biological parent of a disabled adult child who has been cared for by their parents their whole life.
The fact that the guardian ad litem was waived means that there was one less person to look out for Oher’s best interests.
Problems with Oher’s Conservatorship
The main problem with Oher’s conservatorship is that he didn’t know he was under one. He’d been told it was an adoption equivalent, which it was not. When he discovered this in 2023, he started to take steps to end the conservatorship.
While it’s important for young adults to have the guidance of trusted adults, there appears to be no logical reason why Oher couldn’t have made his own medical and financial decisions, which is why this conservatorship is under so much scrutiny. Oher alleges that the Tuohy family has made money from the selling of Oher’s image and life story, which raises questions about the intention of the conservatorship.
The level of guidance and support that Oher received from the Tuohys was not a result of conservatorship. Adult adoption and even just mentoring are two common ways to provide the same level of guidance and support provided by the Tuohys without legal oversight by the courts.
Conservatorships are Intended to Improve Quality of Life
The purpose of conservatorship in the state of Tennessee is to improve the quality of life for the person under conservatorship. Since the time that Michael Oher’s conservatorship was granted, there have been some changes to the process of obtaining a conservatorship, but it is generally the same as in 2004 when Oher’s conservatorship was granted.
Today, a judge has to find that conservatorship is the least restrictive alternative for the individual. If the individual has the ability to understand and sign a power of attorney that would fulfill the same intentions of those filing for conservatorship, the conservatorship is unlikely to be granted.
Get Help Understanding Conservatorship Today
Though there are plenty of questions surrounding Michael Oher’s conservatorship, there are laws in place to prevent a situation like this from happening.
Used properly, a conservatorship can be a helpful legal process to improve the quality of life and care for your loved ones. If you want to discuss whether conservatorship may be right for your situation, Graceful Aging Legal Services is here to help. Schedule a call with us today to start the conversation about what’s best for your loved ones.
Knowing a few common terms can go a long way in understanding estate planning. For example, if you’re unsure what a trustee and an executor are, you won’t know who to choose for each (very important) role.
Let’s dive into some estate planning basics!
Common Estate Planning Terms
Planning for your estate after death helps secure the future of your assets and helps you figure out what you want and how to accomplish it. Creating an estate plan gives you peace of mind that your wishes will be respected upon your passing – even if your loved ones may be unhappy about it.
An estate plan can also reduce tax obligations for your family and prevent or minimize family conflicts. A will is a significant part of the estate planning process. Wills outline how you want your assets to be distributed, who should take care of any dependents, and who will carry out your wishes.
When learning about estate planning, there are some terms you’ll need to know, including:
Probate – the court process that validates wills and administers the estate
Executor/Executrix – the person named in a will to manage estate assets
Trust – a legal tool used for managing assets, often in order to avoid probate
Trustee – the person named in a trust to manage trust assets
Personal Representative – the person who administers an estate (this is the umbrella term used in Tennessee for executors, etc.)
Guardian – a person who is named to oversee the needs of a minor child
Beneficiary – someone who is specifically named to inherit
Heir – someone who inherits based on their family relationship
Understanding these terms will help you make decisions that protect your legacy.
Creating a Will and Trust
Creating an estate plan can involve the use of wills and trusts.
A will outlines how you want your assets to be distributed after death, who should take care of your children, and who will handle the administration of your estate. However, the purpose of a will is to go to probate. When drafting a will it’s crucial to consider factors such as family dynamics, non-probate assets, and the potential for disputes.
On the other hand, trusts provide added benefits like privacy and flexibility. When well-funded, it bypasses the need for probate proceedings. Even without lots of funding, trusts enable you to better control how your assets are managed during your lifetime and after you pass away.
Whether you choose to have a will or trust is a personal decision, but setting up a trust can offer advantages such as increased control over asset distribution, continuity in managing your estate affairs, and potential tax benefits. Sometimes, it’s a good idea to have both!
Appointing Executors and Trustees
If your estate plan involves a will or trust, it is crucial to appoint executors and trustees.
An executor (or personal representative) is responsible for carrying out the terms of the will. For example, an executor must distribute assets and handle obligations during the probate process. It is important to choose someone with integrity, conflict-resolution skills, and financial knowledge. Since you won’t be there to smooth out any disputes that arise, choosing a capable peacemaker is a must.
Trustees, on the other hand, oversee trusts. They ensure that assets are managed according to your instructions for the benefit of beneficiaries. It is advisable to select a trustee with expertise in finance who’s committed to fulfilling your wishes. In other words, pick someone you can trust as your trustee.
Good options for executors or trustees may include attorneys or financial institutions, since they are generally impartial and have specialized knowledge. By ensuring reliable individuals or entities fill these roles, you can safeguard your intentions for properly managing your estate.
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We’re just scratching the surface of what estate planning is. If you’d like to learn more about planning your estate and aging gracefully, sign up for the Graceful Aging Legal Services newsletter. We’ll send you regular updates and insights into estate planning, conservatorship, and more!
Everyone’s heard about it: a celebrity dies and their relatives come out of the woodwork, insisting that they deserve some piece of the estate. Even though most of us aren’t celebrities, it happens in otherwise happy families too, so let’s talk about what you can do to prevent it.
In fact, it happened in April’s family and led her to work with clients to prevent this exact scenario. By planning ahead for the transfer of your estate assets, you can ensure that your loved ones needs are met and that your hard-earned assets are protected for those you intend to get them!
This blog post will help you keep the peace, even after you’re gone.
Identifying Assets
Identifying and understanding how your assets pass after your death is one of the most important aspects of estate planning. This includes a review of any real estate that you own so that you can transfer it to your heirs.
Other assets to consider when making an estate plan include bank accounts, investment accounts, retirement accounts, and life insurance policies. Assigning beneficiaries for these types of accounts helps transfer assets quickly and smoothly but needs to be done in the context of your plan as a whole.
It’s also important to think about succession plans for any businesses where you have a role as an owner or investor. Valuable belongings, like jewelry, artwork, and sentimental items should be properly allocated in your will, trust, or even before you die as part of your estate plan. By identifying these assets you can create a well-rounded estate plan that safeguards your legacy, alleviates burdens for your loved ones, and ensures the effective execution of your intentions.
Choosing Beneficiaries
Our firm is probably a little different than most when it comes to naming beneficiaries. Most people will leave everything to a spouse and children, which is good because you can’t disinherit your spouse or minor children in the State of Tennessee.
However, outside of that, you’ll hear April tell everyone “No one is entitled to an inheritance.” (Yes, she tried to talk her own parents out of the typical distribution plan.) If you are part of a historically marginalized community, it may be important to you to pass on generational wealth, and that’s a great plan!
But there’s also nothing wrong with bypassing your immediate family in favor of a charitable organization that works towards a mission that you feel strongly about. Since Eliza Hamilton married one orphan and adopted another (in addition to founding the first private orphanage in New York City), it would have made sense for her to donate some of her fortune (were any of it left) to the orphanage upon her passing.
While pets can’t inherit outright in Tennessee, don’t forget that you can set up a pet trust to care for them when you’re gone or leave money to someone as your furry friend’s “caretaker.” You may also have close friends or more remote family members that you want to leave gifts to.
Remember, there are no “wrong” beneficiaries, except maybe Warren Buffett. The Oracle of Omaha has enough already- and he’s leaving it to charity!
Getting legal documentation in order will help prevent misunderstandings and disputes about your assets. Regularly reviewing and updating your choices guarantees your intentions align with evolving circumstances. For example, if your favorite nephew developed a severe gambling addiction, you may not want to allocate as much of your estate to him. When choosing beneficiaries, you want to reflect your values and leave a lasting positive impact on your loved ones and the causes you support.
Considering Taxes
Tax responsibilities are an inevitable part of life, and they can occur in death too.
Understanding estate taxation and knowing tax thresholds can help you determine the taxes your estate may be subject to. A firm grasp of tax thresholds can help you create a plan that helps you maximize the distributions to your beneficiaries, rather than the government.
For most Tennesseans, taxes will need to be paid on your income from the final year of your life, and withdrawals from any retirement accounts that were tax-deferred, like 401ks and traditional IRAs. However, since 2016, Tennessee does not have an estate tax and the federal estate tax only applies to estates that have multiple millions of dollars. The federal estate tax limit changes sometimes, so you’ll want to consult with an attorney about your tax exposure – and maybe follow our newsletter for updates. *wink*
Some strategies can help you reduce your tax liability, helping your beneficiaries in the long run. For example, making gifts or transferring assets during your lifetime can reduce the value of your taxable estate, but should be discussed with an attorney first.
By aligning your estate planning with tax thresholds, you can ensure your loved ones receive the maximum inheritance possible while preserving and passing on your wealth and intentions to future generations.
Updating and Reviewing Your Estate Plan
Regularly keeping your estate plan up to date is crucial to ensure your goals are met. It’s important to review it every few years so that you can make necessary adjustments based on changes in your life.
Life events like marriages, births, divorces, or financial changes may require updates to beneficiary designations or how your assets are allocated. If Junior’s wife divorced him for his best friend, you’re probably not going to want to give her part of your estate.
If you move, make investments, or start a business venture, it’s also an idea to reassess your plan. You’ll want to have a clear plan in place if you die while owning a business – without a succession plan in place, you have no control over what happens to your business after you die.
A flexible estate plan takes into account evolving family dynamics, financial situations, and personal goals so that your intentions are consistently honored.
Seeking Professional Assistance
Wading through estate planning with no experience is extremely overwhelming. A lot of care is required, in addition to an in-depth knowledge of the laws and your rights. An experienced estate planning attorney brings legal expertise to the table, aiding in the creation and validation of documents like wills and trusts.
Working with a Tennessee estate planning attorney ensures your estate is customized according to your desires and adheres to relevant laws. You’ll be better equipped to organize your assets, plan investments, and ensure a smooth transition for your family. Together you can navigate complexities and come up with an estate plan that honors your legacy.
Preserve Your Legacy with Graceful Aging Legal Services
At Graceful Aging Legal Services, we have caring and knowledgeable estate planners who can help you direct your assets to the people and causes that are most important in your life. For more information about estate planning and how it can help you preserve your legacy, contact us. We’re dedicated to providing you with the guidance and support you need to navigate the complexities of estate planning.
Conservatorship is a legal status granted by a court to a person to manage financial and/or personal affairs for another person. Conservatorships are typically used to give a family member or close friend the legal authority to make legal decisions on behalf of someone with a disability. This may include a special needs adult child, a person living with dementia, or other medical conditions that impact day-to-day life., etc. The person granted the conservatorship is known as the conservator, and the person whose affairs are managed is called the conservatee. (You may also see them referred to as the “ward” or “respondent” in a legal context.)
Conservators are appointed for many reasons, including a variety of medical conditions, inability to recognize fraud, or if a power of attorney document is invalidated or abused. With great ability comes great accountability, so it’s important that conservators carefully adhere to their legal obligations. Conservatorship is overseen by the courts, so transparency and accountability are vital. A conservator can hold extensive legal power concerning the conservatee’s financial and personal life.
Types of Conservatorship
There are multiple options for establishing a conservatorship, and each one impacts what that conservator or conservatee is responsible for and capable of doing after a conservatorship is granted. The semi-recent dispute between Britney Spears and her father brought to light everything that can go wrong in a conservatorship. If you wondered about what type of legal proceeding Britney was involved in, below is a list of different types of conservatorship. At one point or another, Britney was involved in each of them under the California case.
Here’s what the equivalent cases look like in Tennessee:
Conservatorship over the Person: In a conservatorship over the person, the conservator has complete control over the conservatee’s health and physical life, including healthcare and living arrangements. This includes deciding what treatments the conservatee undergoes, whether they’re placed in a care community, etc.
Conservatorship over the Property: In a conservatorship over the property, the conservator has complete control of the conservatee’s financials, including bill payment, day-to-day cash flow, and management of all financial accounts. When this type of conservatorship is granted, the conservatee only has access to their financial accounts with authorization from the court.
General Conservatorship: A general conservatorship is comprehensive, giving the conservator complete control of the conservatee’s person, property, and all other significant life decisions. This is the type of conservatorship that is appropriate for most families.
Traditional Conservatorship: Traditional conservatorships are expected to last for the lifetime of the conservatee. Terminating a traditional conservatorship can occur if a conservatee can legally prove they no longer need assistance. In fact, the conservator has a duty to notify the Court if assistance is no longer needed under the requirement that a conservatorship should be the “least restrictive alternative” able to protect and provide for the conservatee.
Emergency Conservatorship: An emergency conservatorship is limited to a time period of 60 days for the purpose of addressing urgent or specific needs of the conservatee during a short period, for example if someone had immediate injuries from an accident but was expected to recover. It is not unusual for these types of conservatorships to be used while the urgent matter is resolved and then converted into a traditional conservatorship.
Establishing a Conservatorship
The first step involves discussing your situation with an attorney who practices probate law in your area. Based on your understanding of your loved one’s condition, the attorney will be able to discuss your options. If they recommend that a conservatorship is appropriate, they will then walk you through which type of conservatorship would be best and next steps.
Once you hire an attorney, the next steps usually involve obtaining medical proof of the need for a conservatorship, known in Tennessee as a “Report of Physician.” The more medical and financial information you can provide about the intended conservatee, the easier this will make your case (and less expensive!).
The process for petitioning the court for conservatorship can vary depending on the state. An experienced attorney will help you navigate through the complexities of this procedure, providing insight and clarity about legal proceedings.
The Role of the Conservator
Being a conservator requires responsibilities for the well-being of the person under conservatorship. Because most conservators manage both the person and property of the conservatee, this means handling bill payments, making investment decisions, applying for eligible benefits, making healthcare choices, and ensuring their welfare. The conservator’s duty is to act in the best interest of the individual under their care by considering the conservatee’s needs and as well as their preferences when making decisions.
Conservators are expected to adhere to specific guidelines and regulations set by local laws and courts. In Tennessee, conservators are required to file regular updates on the financial and medical status of the conservatee. They also must seek court approval for certain matters, like selling valuables or making big ticket purchases (usually over $500.00). It is essential to maintain records of all transactions concerning the assets and finances of the person under conservatorship.
These duties add a layer of transparency, protection, and accountability, and alert the court to set a conservatorship for review hearing when there are concerns or significant changes to the situation.
To effectively provide support and assistance, conservators must have an understanding of the physical well-being of the individual under conservatorship. Professional evaluations will be helpful in identifying any healthcare needs. When making decisions on behalf of the conservatee, conservators should consider the stated values, preferences, and wishes of the conservatee, but may ultimately have to make a decision that the conservatee is unhappy with.
Understanding the Conservatee
A thorough understanding of the conservatee’s mental and physical health is vital to help determine the level of support and assistance needed. Maintaining an open line of communication with medical providers will help identify specific healthcare needs. If a conservatee has existing healthcare providers, such as a primary care physician, the conservator should begin working with those providers so long as they can work together in the best interest of the conservatee.
Whenever possible, involving the conservatee in decision-making throughout the process can help ensure their dignity and autonomy are respected. In the same way that a ghostwriter is expected to write as the client wishes, a conservator is expected to make decisions that align most with what the conservatee wants and needs. It’s not about the conservator, after all – it’s about ensuring that the conservatee is well cared for.
The Conservatorship Process
To become a conservator in Tennessee, you must first file a petition with the court that handles probate matters in the county where the proposed conservatee lives. This is done through the court clerk. In most Tennessee counties, conservatorships are heard in Chancery Court, although they may also be heard in Circuit Court or General Sessions Court.
Most local rules will require you to work with an attorney to file a conservatorship. Choose an attorney who has experience handling conservatorship matters, who understands your goals, and who is a good personality fit for you. Once the conservatorship is set up, you will continue working with your attorney until the conservatorship is terminated, so it’s good to find someone who you can work with for the long term. Your attorney will collect information about you, your family, and the proposed conservatee in order to prepare the petition. If you have knowledge about the conservatee’s medical and financial situation, you will want to provide that information to your attorney as soon as possible. The court reviews the petition and appoints a Guardian ad litem (or “guardian for the case”) to investigate the facts laid out in the petition. At this point, they will usually set the hearing on the petition for about 45-60 days after the petition is filed.
The Guardian ad litem acts as the “eyes and ears of the Court.” They will interview you, speak with the proposed conservatee, review medical and financial records, and talk to other people who may have information about the situation, such as relatives or neighbors. Their job is to answer two questions. One, does the proposed conservatee need a conservatorship? Two, if a conservatorship is needed, who should serve as the conservator? The Guardian ad litem will make a written report to the Court on these two questions and may also make other recommendations, such as how much an insurance bond should be set for, whether property should be sold, or other matters relating to the appointment of a conservator.
During court hearings, the judge considers all relevant evidence. Judges are only allowed to consider evidence that is considered “admissible,” so your attorney may ask you to help gather certain records depending on what challenges they expect. Remember that the proposed conservatee has certain rights under due process, and may have an attorney appointed for them to challenge the conservatorship if they do not think it is needed. Other family members may also get involved. This is why it is so important to work with your attorney to anticipate and prepare for the hearing.
If the court determines a conservatorship is in the conservatee’s best interest, the judge will enter an Order appointing a conservator. At that point, the conservator assumes the responsibilities and duties outlined by the court and carries them out. Again, they do this keeping in mind the best interest and preferences of the conservatee – even if this means going against what they would personally choose to do in a similar situation.
Managing Finances and Assets
Conservators are responsible for managing the conservatee’s finances and assets. Financial management includes:
Creating a budget that aligns with the conservatee’s needs and resources.
Ensuring all necessary expenses are covered.
Making financial decisions to preserve and grow the conservatee’s assets, including investment decisions.
Ensuring the Well-being of the Conservatee
Conservators play a role in ensuring that the conservatee has access to healthcare and they are empowered to make important medical decisions on behalf of the conservatee. They are responsible for selecting doctors, scheduling appointments, consulting with healthcare providers, advocating for the conservatee’s healthcare needs, and utilizing health insurance and other benefits appropriately.
It is important for conservators to be familiar with the services and resources available to conservatees in their community. These resources may include government assistance programs, support groups, counseling services, and educational materials. By connecting the conservatee with these resources, conservators can promote their well-being. This ultimately improves their quality of life.
Termination of Conservatorship
There are situations in which a conservatorship can come to an end. For instance, if the person under conservatorship shows improvement in their condition and regains their ability to make decisions. The more common reason to terminate a conservatorship is when the conservatee dies.
Terminating a conservatorship is a process that usually involves filing a motion with the court and presenting evidence and documents to support the request. It typically requires a hearing.
If the conservatee is asking for the conservatorship to be lifted because their situation has improved, the court will assess whether there is sufficient evidence for termination, considering what is in the best interest and well-being of the person under conservatorship. Often times if a person is no longer in need of a conservatorship, their conservator will work with them and the court to terminate the conservator and allow them to sign a Power of Attorney instead.
Graceful Aging Legal Services
Do you need help navigating the complexities of conservatorship? Graceful Aging Legal Services offers comprehensive legal assistance for adults. Contact us today if you need help with estate planning, wills, trusts, or understanding conservatorship. Our experienced team is ready to help your family.
Have you said ‘I do’ recently and are beginning the exciting journey of wedded bliss? Understandably, as a newly consolidated duo, estate planning techniques might not top your list. But did you know the importance financial management and estate planning holds in safeguarding your shared future? Let us guide you to financial serenity and legal obligation smoothening activities.
We understand that marriage is a joyous milestone, and with it comes the excitement of starting a new life together. However, it also brings a range of financial and legal responsibilities that may require careful consideration. As two lives intertwine, so do their finances and assets. Proper financial and estate planning not only allows newlyweds to manage their money effectively but also ensures the protection and distribution of their assets should the unexpected occur. By taking proactive steps now, couples can safeguard their financial interests and pave the way for a prosperous journey together.
Key Financial Factors
Combining finances can foster transparency, build trust, and simplify money management. However, it’s essential to address individual financial habits, expectations, and goals to create a seamless financial partnership. While you may not choose to place all your money into joint accounts, creating a joint account for shared expenses might be a good place to start. Work with your partner to craft a budget that aligns with both of your priorities and allows you to save for future goals. Don’t forget to set aside funds for personal interests, too.
With marriage also comes the need to reassess insurance coverage. Do your existing policies provide adequate protection for both of you and any dependents? Regardless of outside employment, be sure to take into account the work each spouse does around the home and what it might cost to replace that in the event of an accident or incapacity. Take this time to also review beneficiary designations on these accounts to help safeguard each other’s financial well-being and ensure your policies are set up how you would like them to be.
Many of us carry debt, and when we get married, it comes too! Addressing existing debts requires planning and coordination. Which debts will be shared and which will be tackled individually? We recognize that managing joint debts can be a delicate task, but it’s an important topic to create a plan for as soon as you can.
Action Items:
Discuss how you want to manage your finances- joint, separate, or a combo?
Evaluate and consolidate insurance policies- life, health, home, auto, etc.
Review and update beneficiary designations on insurance and retirement accounts
Discuss plan to address debts brought into the marriage and how you plan to handle debt during your marriage
Key Legal Considerations
Though it might not feel urgent, now is a great time to create or update your estate plan! Creation of a Last Will & Testament ensures that each spouse’s wishes regarding asset distribution are carried out after their passing. One common misconception is that your assets automatically pass to your spouse after your death; this is not always the case, but a will can help ensure that your wishes are followed.
Another crucial part of your estate plan are the Power of Attorney documents. Used in the event you are unable to make financial or healthcare decisions for yourself, these documents allow a trusted individual to act on your behalf. While you are not required to name your spouse as your Power of Attorney, it is an easy way to empower them to act in the event of an unexpected emergency. These documents can be written in a way that clearly defines a Power of Attorney’s role and abilities, and they should be reviewed regularly.
Action Items:
Create or update your will or trust to address your new marital status
Create or update your powers of attorney
Key Tax Considerations
The last major consideration after getting married is in regards to tax planning. There are a variety of tax filing statuses available for married couples, and if you are married as of December 31, the law says you were married for the whole year for tax purposes. If you are planning to change your name after marriage, be sure to report it to the Social Security Administration as soon as possible. Your name on your tax return must match what is on file at the SSA; if it doesn’t, it could delay your refund!
Another thing to review are your withholding amounts. Newly married couples must give their employers a newForm W-4 within 10 days of their marriage. If both spouses work, you may move into a higher tax bracket. TheTax Withholding Estimator on the IRS website is a great tool to use as you complete your new W-4. Proper tax planning can lead to substantial savings!
Action Items:
Change your name on all relevant government documents if you plan to
Consider whether taxes will be filed jointly or separately
Update your tax documents with your employer
Proper financial and estate planning is an essential step for newlyweds to set the stage for a secure and prosperous future together. By understanding and addressing the financial changes that come with marriage, establishing a comprehensive estate plan, and optimizing their tax situation, couples can embark on their journey hand-in-hand, prepared for whatever life may bring. Being proactive today brings peace of mind for tomorrow!
If you’re ready to take the next step as a couple,click here to schedule an initial call with our office. We’d love to work with you as you create your estate plan and set goals for your life together!
Being a parent to a special needs child is a journey filled with unique joys, challenges, and responsibilities. As you navigate the intricacies of caring for your child’s specific needs, it’s crucial to plan ahead to ensure their well-being and quality of life in the years to come. By taking proactive steps and establishing a comprehensive plan, you can provide a secure future and peace of mind for both you and your special needs child.
We will explore essential considerations and practical strategies to help you plan ahead for your special needs child. From financial planning to legal arrangements and support networks, we want to guide you through the process of creating a holistic plan that addresses your child’s specific needs.
Understand Your Child’s Needs: Start by gaining a thorough understanding of your child’s unique challenges and abilities. Consult with healthcare professionals, therapists, and educators who can provide valuable insights and assessments about how your child’s medical condition is likely to affect their development. It’s important to understand your child’s medical condition as it currently is, as well as how it will progress over the coming years. This knowledge will form the foundation of your planning process, helping you identify the areas where your child requires additional support and assistance.
Create a Financial Plan: Financial planning is crucial when it comes to securing your child’s future. Explore resources such as government assistance programs, insurance options, and special needs trusts. Consider working with a financial advisor experienced in special needs planning to develop a comprehensive financial strategy that accounts for long-term care, education, therapy, and other necessary expenses. One great option in Tennessee is an ABLE account – this savings/investment account is exclusively for disabled individuals and does not count against benefits that may have financial restrictions.
Establish a Legal Framework: Ensure you have the appropriate legal arrangements in place to protect your child’s interests. This includes creating a special needs trust, designating a guardian or caregiver, and documenting wishes for medical decisions. Consult with an attorney experienced in special needs law to ensure your legal documents align with your child’s specific requirements and comply with local regulations.
Build a Support Network: Seek out support networks and connect with other parents and families who have special needs children. They can provide valuable guidance, emotional support, and share resources and insights. Additionally, explore local organizations, advocacy groups, and community services that cater to the needs of special needs individuals. Additionally, you’ll want to make sure that you are taking care of yourself! Organizations like Tennessee Respite Coalition can work with you to create a plan to rest and recharge, which all parents need but becomes more important for you to be fully present when you are with your child. Building a strong support network will not only benefit your child but also provide you with a sense of community.
Plan for Transitioning into Adulthood: As your special needs child approaches adulthood, it is important to plan for their transition into independent living or alternative arrangements. Explore vocational training, employment opportunities, and housing options that are tailored to their needs. Investigate government programs that offer support and services for adults with special needs, ensuring a smooth transition into adulthood. When your child turns eighteen, you will want to discuss with your attorney whether a conservatorship is needed in order for you to continue having legal decision-making authority or if your child can engage in supported decision-making to ensure that you can continue to help them as your family continues to navigate benefits and resources that are available to them.
Regularly Review and Update Your Plan: As your family gets older each year, you will need to anticipate the financial, emotional, and social needs of your special needs child, yourself, and anyone else that you care for. Your child may have siblings who should begin to be included in a care plan as they become adults. Many adult siblings or other family members provide care and guidance when a special needs child loses their parents. Your child’s needs, circumstances, and available resources will change over time. Therefore, it’s essential to review and update your plan periodically. Stay informed about new laws and regulations that may impact your child’s benefits or financial planning. Regularly reassess your financial situation, adjust your goals, and ensure that your plan remains relevant and effective.
Planning ahead for your special needs child requires careful consideration and proactive action. By understanding your child’s needs, creating a comprehensive financial plan, establishing legal arrangements, building a support network, and planning for their transition into adulthood, you can ensure a secure and fulfilling future for your child.
If you are ready to learn more about your legal options and requirements when it comes to caring for your special needs child, especially as they reach adulthood, click here to schedule an initial call with our office. Speaking with an experienced attorney can help provide peace of mind as you continue caring for your child and planning for their future.
Remember, you are not alone on this journey. Reach out to professionals, support groups, and organizations specializing in special needs care. Their expertise, guidance, and shared experiences can provide invaluable support as you navigate the path of planning for your special needs child’s future. Embrace the opportunities to advocate for your child, empower yourself with knowledge, and take the necessary steps to create a solid plan that supports their unique needs. By planning ahead, you can provide a stable and loving environment where your special needs child can thrive and reach their full potential.
Becoming a parent is a journey filled with immeasurable love and joy, but it also comes with the responsibility of safeguarding your child’s well-being. While we strive to protect our children from harm, life can be unpredictable, and it is essential to plan for their future. One aspect that often requires thoughtful consideration is guardianship – the legal and practical arrangements for your child’s care in the event of unforeseen circumstances.
Guardianship is a topic that can be challenging to approach, as it forces us to confront difficult scenarios. However, by proactively thinking about guardianship at different stages of your child’s life, you can ensure their continued safety, care, and stability should anything happen to you or the other parent.
For example, let’s say a woman named Lorelai has a daughter named Rory. Rory’s dad, Christopher, is very irresponsible and is in and out of Rory’s life.
When Rory is 5, Lorelai is in a horrible accident. Fortunately, she has lots of life insurance to care for Rory in just this scenario. Unfortunately, Tennessee law makes Christopher Rory’s guardian and Lorelai did not have any documents providing for who should handle Rory’s money until she becomes an adult. Rory now goes to live with Rory and Christopher’s new girlfriend, Sherry, who promptly enrolls her in boarding school in Switzerland. The Court also rules that Christopher, as Rory’s dad, gets control of the money that Lorelai left for her.
Christopher means well, but he uses Rory’s money to pay for things that Lorelai wouldn’t approve of, such as a pony, a sidecar for his motorcycle, boarding school and other things that are fun. As a result, when Rory graduates high school, there is no money left for her trip to Fez or college tuition.
Lorelai’s parents, Emily and Richard, end up having to pay for Rory’s expenses out of their own pocket, which they are happy to do, but wish that Rory’s funds had been left in the care of someone more responsible, like Lorelai’s best friend, Suki.
In this blog post, we will explore the importance of contemplating guardianship throughout your child’s journey, from infancy to adulthood. We will discuss the key considerations at each stage and offer guidance on making informed decisions that align with your child’s best interests.
Infancy. In the early years of your child’s life, guardianship primarily revolves around immediate care and meeting their basic needs. It is essential to consider individuals who can provide a loving and nurturing environment similar to what you provide. Factors such as stability, proximity, and compatibility should be taken into account when selecting potential guardians.
Childhood: As your child grows, guardianship encompasses more than just physical care. It involves guiding their education, moral development, and emotional well-being. Consider individuals who share your values and can provide a supportive and enriching environment. Open communication and discussions with potential guardians are crucial to ensure they understand your expectations and are willing to take on the responsibility.
Adolescence: Teenage years bring unique challenges, and guardianship takes on a different dimension. It is vital to involve your child in discussions about guardianship, taking their preferences into account. Encourage open conversations about their wishes and desires, and help them understand the importance of having a trusted guardian to turn to during this transformative stage.
Adulthood: As your child transitions into adulthood, guardianship may evolve into a more consultative role. However, it is still important to establish legal arrangements and document your wishes regarding financial matters, medical decisions, and overall support. While your child may have more autonomy, having a designated person to offer guidance and assistance can be invaluable.
Throughout all stages, it is crucial to review and update your guardianship arrangements regularly. Life circumstances change, and the individuals you initially chose as guardians may no longer be the best fit. Stay in touch with potential guardians, keep them informed of any changes, and ensure they are still willing and able to assume the responsibility.
In conclusion, thinking about guardianship at different stages of your child’s life is an essential aspect of responsible parenting. By considering the unique needs and requirements of each stage, you can make informed decisions that prioritize your child’s well-being. Discussing guardianship openly, involving your child when appropriate, and establishing legal arrangements will provide peace of mind, knowing that your child will be cared for by trusted individuals should the need arise.
If you are interested in learning more about how to protect your minor children in the event of your death or incapacity, we’ve designed a program just for you! Our Proactive Parents Group will walk you through considerations and provide you with customized documents for your family. Through four interactive workshops with a licensed Tennessee attorney, you’ll walk away with confidence knowing your family is protected. Be proactive today – click here to learn more and to sign up!
Probate is the name for the legal process of distributing assets after someone passes away. These assets can include bank accounts, real estate, vehicles, retirement accounts, life insurance, and financial investments. Before the assets can be distributed, however, they must first be gathered and used to pay creditors.
After that, the heirs can finally receive their distribution of the estate. However, even then, there are several factors that can still delay the distribution process. In our practice, it is common for probate to last about nine months. In more complex cases, probate can easily last several more months or even years. These delays ultimately mean less money and more headache for the surviving family.
Let’s go through the factors that cause delays in probate, and discuss what steps can be taken to minimize the delay.
1. Passing away without an Estate Plan
If you pass away without an estate plan, your loved ones will have to go to probate court. The court will appoint someone among them to be the “Personal Representative.” The Personal Representative will be responsible for contacting all of the financial institutions about your death. They will also be responsible for using your funds to pay creditors and ultimately make distributions to your heirs.
When there is no estate plan, the process for appointing a Personal Representative can be seriously delayed. The family will have to come to a consensus on who the Personal Representative will be before they present their choice to the court. Moreover, whoever is selected as Personal Representative is often not prepared for the role, as they had not been told to expect it. The process of going through all of your finances and contacting all of your financial institutions might be overwhelming for them, especially if they did not know your finances very well. Moreover, they will be responsible for mediating tension between the family, which is made even more difficult if members of the family do not think you explicitly wanted them to serve as Personal Representative.
Having an estate plan would minimize all of these consequences and delays. By having an estate plan, your family will already know who you want to represent your estate, which will make the process for appointing a representative much smoother. The person you select to represent your estate will also be better prepared for the role, as they are aware that they will one day need to fulfill the role.
The best way to minimize delays in probate is thus to have a clear estate plan in place, and to let your family and loved ones know about your intentions.
2. Family Tension
Even with an estate plan, family dynamics can still play a major role in probate. For example, if the only major asset that you have at the time of your death is your house, and one of your heirs would like to live in it while the other heirs would rather sell it and keep the sale value, tension will ensue and attorneys may need to get involved. All of this will ultimately lead to a delay of the probate process, and may ultimately divide the family in an irreparable way.
Feuds such as the one described happen even in the most loving of families. To avoid these feuds, it is important to not only have an estate plan, but to have one drafted by an experienced estate planning attorney. An experienced estate planning attorney will be familiar with cases such as the one described and will be able to help you think through exactly what you would want to happen if these cases occur. Your estate plan will thus be better able to help your family navigate your precise wishes for your assets, ultimately easing tension and expediting the probate process.
Hiring an estate planning attorney to draft your estate plan is one of the most important steps you can take to minimize probate delays.
3. Financial Complications
If you keep your finances private, it will be difficult for your intended heirs to know what to expect after you pass away. They may not even know where you bank and what financial investments you have. The more difficult it is for them to know your finances, the more difficult it will be for them to notify your financial institutions of your death and gather accounts.
Furthermore, if you are in debt or are not paying your taxes, your Personal Representative will be responsible for using your assets to pay your creditors and the IRS. This can cause serious delays to the probate process, especially if the Personal Representative was unaware. Creditors will ensure they receive their payments by filing claims against the estate through probate court. These claims ultimately slow down the probate process as each claim requires a hearing before a judge.
To save your family time, headache, and grief after your death, it is important that you keep your finances in order. Pay off debt when you can, and keep a clear record of it. File your yearly taxes appropriately. Let your loved ones (especially your Personal Representative) know of your finances and how to contact each financial institution in case something happens.
Even in the best of cases, probate takes a while. To minimize delays, we recommend having an experienced estate planning attorney draft your estate plan, clearly telling your loved ones of your intentions, and keeping your finances in order as much as possible. Your loved ones will already be filled with grief after your death. The best gift you can give them is preparation.
Here at Graceful Aging Legal Services, we offer software that can help our clients keep their estate in order. Contact us at 615-846-6201 or hello@galsnashville.com if interested.
Talking to your parents about aging, illness, and death is hard. It’s one of the hardest conversations you can have–but it’s also one of the most important. The feelings that might come up during the conversation, if uncomfortable, are better than the feelings that would otherwise come up when an emergency happens and there is no plan in place for taking care of them (or even a consensus among relatives on how to move forward). As we always say in our office: “it is better to have a plan and not need it than to need it and not have it.”
With that said, directly asking a loved one “hey, what would happen if you died today?” might not be the best way to start the conversation. So let’s consider some better alternatives to open the conversation about estate planning.
1. Tell your loved one what you’re doing for your own estate planning
Telling your loved one about your own estate plan, or your wishes to create your own estate plan, might make them consider making one themselves. Tell them what is in your Last Will and Testament, whether you have a Trust, and who you have chosen to act as your Power of Attorney. Hearing about your concerns for your own aging and death, and hearing how you’ve decided to navigate the future, will give them an idea of where to start, which is often the hardest part. Many people also struggle to decide on an estate planning attorney. It is important that the Nashville attorney they hire aligns with their needs. Hearing about your own process of hiring an attorney, and how you determined which one would be the right fit for you, can help them navigate the difficult world of hiring a Tennessee Wills and Estate Planning lawyer.
2. Talk about other situations that have happened that worried you or made you curious
Many of us know at least one person who has suffered the loss of a loved one and then had to endure the resulting feud among the family. These feuds happen so frequently that a significant number of fictional stories are based on them. Unfortunately, plenty of them could have been avoided if a clear plan had been put in place. And these feuds rarely start right after the death—many of them start much earlier, when the loved one’s health began to decline and someone had to step up to take care of them. Estate planning does not just mean deciding what happens after you die; it also means deciding what happens if your health begins to decline. If there is no plan in place for declining health, it will be up to the family to decide what happens. Even the closest of siblings can begin to resent one another if they feel that their parents’ care is not being handled properly.
Although it is fictional, the feud in This is Us between the siblings regarding their mother’s care is an accurate portrayal of what can happen in these situations. The siblings argued on what kind of medical treatment their mother should receive, and again on where she should live and who should look after her. Although all of the siblings had the best of intentions and loved each other and their mother, the feud nonetheless happened. The mother sensed the feud would escalate once her diagnosis advanced, and so she decided to name her daughter (her most level-headed child) as her healthcare power of attorney. Although the siblings still butted heads with one another, the daughter was able to carry out her mother’s wishes.
There are plenty of other examples in books and TV of families feuding over a loved one’s care or death. Talking about these hypothetical situations might make it easier to begin the conversation about aging and death.
3. Ask what would happen to their children, pets, and home if they were in a medical emergency
While discussions about aging and death might be intimidating, discussions about medical emergencies might be easier to handle. Medical emergencies can happen to anyone at any time. Our office even recommends that eighteen year olds get power of attorney documents in place, as it is important for them to have someone able to speak to medical professionals on their behalf in the event of an emergency. Since medical emergencies can happen to anyone, loved ones who do not like having their age pointed out might be more receptive to the conversation. If you know your loved one is anxious about having a stroke or falling down stairs, and tends to avoid or shut down conversation about either of those scenarios, it might be a good idea to use another medical emergency in your conversation (like a car accident, for example). While it is important for your loved one to confront their anxieties, it is not always our place to force them into a confrontation. Using a more neutral example (like the car accident) instead of one they constantly worry about might be a good way to ease them into the conversation.
4. Ask if they can show you where their estate planning documents are
After signing estate planning documents with our clients, we tell them to please let their family know their wishes and how to find the original documents. After all, the estate planning documents are only as good as the family’s ability to find them. In the event of a medical emergency or death, the signer of the documents will not be able to locate them. If no one else knows where they are or how to find them, the documents become effectively useless. It is therefore of the utmost importance that loved ones know where to locate the original documents. If you know or suspect that your loved one already has a plan in place, ask them where the documents are and how they plan to transfer the documents into the right hands in the event of an emergency or death.
For more information on how to talk to your loved ones about aging, illness, and death, we encourage you to check out The Conversation Project.
Tennessee law permits you to write your own will. Some people choose to handwrite theirs. Online services are another popular way to create a Will and other important documents inexpensively. As long as the Will meets the legal requirements, it is likely to be admitted to probate court in Tennessee.
However, just because you can do something doesn’t mean you should. Believe me, I love a bargain too- it can be really tempting to find a low cost option for something that is expensive and, well, a little scary. Most people have never met with an attorney before and the idea is intimidating. It’s understandable.
However, a fellow probate attorney once said “online services are a probate lawyer’s best friend.” This is the prevailing thought among probate attorneys, because we see so many Wills that were not prepared by attorneys, and ultimately end up costing the family more in court costs than it would have cost to meet with an attorney and prepare the Will and other important documents.
I like to compare it to pest control. You know that if termites invade your house, it will end up costing tens of thousands of dollars to repair the structural damage they can cause. Would you prefer to pay $150 per year up front to prevent an infestation, or let them do the damage and then pay to fix it?
So let’s look at some of the issues that cause self-created Wills to have problems when we go to court. Here are some of the main pitfalls that we see with DIY wills:
1. Improperly Executed
Unless you have legal training specific to estate law, you may not be familiar with the exact requirements of the type of document you are trying to create. Tennessee law provides for several types of Wills, and each of them have different requirements for signing. Some of them will require witnesses to come to court, which you may want to avoid. Fun fact: No Tennessee law requires a Will to be notarized. Guessing you didn’t know that!
2. Improper use or misunderstanding of terms
A Will uses a lot of terms that we don’t use in everyday life. These words are used to communicate information to the Judge when the Will is probated. However, if you are writing your own Will or using a form, you may not know the effect that these words have in practice. While our attorneys try to use more commonplace language when writing Wills, we need to be able to get your point across. Words like “fiduciary,” “per stirpes,” “per capita,” “ademption,” and “executrix” are not terms we use, but as experienced estate planning and probate attorneys, we know how to use them correctly to carry out the plan you have in mind. In DIY documents, you may ignore terms that you don’t understand that seem to be boilerplate, or may not fully understand the effect that they will have when your plan is carried out.
3. Missing essential elements
I’ll never forget the day that I had to tell someone that they were unable to help their parent because the Power of Attorney that had been created online did not give them authority to do what needed to be done. I wanted to help, but my hands were tied. In another situation, someone hand wrote their Will but left out an essential part. Because we didn’t have any specific instructions from the Will, we had to go to Court multiple times for Court approval to do things that we were pretty sure they wanted. Those court hearings cost the estate more money than it would have to have an attorney help with the original Will.
4. No contingency plan
One of my least favorite things to do is talk to parents about contingency plans. Usually this means asking who would inherit from you if your children died before you did. No one wants to even think about that. But for estate planning purposes, it’s very important to always have a back up plan. We hope for the best and plan for the worst. And that means discussing uncomfortable things.
5. Plans that are not logistically sound
In a social setting one time, someone mentioned to me that they had created their Will online. They were open to sharing about the experience and mentioned that they had named their parents as their beneficiaries in their Will. There’s nothing wrong with this, but it requires some additional thinking through things. Parents are older than their children, and in most situations the children will outlive the parents. At Graceful Aging Legal Services, PLLC, we want to help you create a plan that needs to be reviewed but hopefully requires few revisions except at big transitions in your life. If you pass away without making changes, we want your planning to go the extra mile for you. Let’s say that you name your parents as beneficiaries of your Will, but no back up beneficiaries. You figure you can update it later- but never get around to it. Eventually you pass with no named beneficiaries, which defeats the purpose of making a Will. An experienced estate planning attorney can help you avoid situations like this and worse.
6. No probate-avoidance planning
Another thing people are confused about is thinking that a Will helps avoid probate. It doesn’t. The purpose of a Will is for a probate court to know what you want when you die so they can carry out your wishes. In a meeting with a good estate planning attorney, you will talk about your goals for your assets when you die and create a plan. Oftentimes we are able to guide clients how to avoid probate. One of my favorite things is when someone comes to us for probate and we are able to tell them that good planning means that they don’t need to go to court.
7. Validate of the Will is easier to challenge
Although having options to create a Will yourself may be beneficial to some, it also creates opportunity for bad actors- or the perception that people are acting with impure motives. Imagine a scenario where your neighbor asks you to draft a will off the internet for them to sign. You may be called into Court to testify about how the Will was created, your neighbors medical condition at the time the Will was created, to what extent you helped, and if you inherited anything you’ll be looked at with additional scrutiny. Having a lawyer involved not only protects the Will and the Will-maker, but also the family and friends involved. We know how to prevent claims of undue influence and ensure the Will document is valid.
When you write your own Will, you don’t know what mistakes you might make. Unfortunately, by the time the Will is submitted to probate, you won’t be around to make clarifications. The Court will have to go by what is written in the Will. Your family will be stuck with what you wrote, or risk the Court finding that your Will is invalid and throwing out all of the work you did to create it in the first place. If your family thinks that you didn’t mean what you wrote, they will have to pay additional costs to help the Court figure out what you meant. When that happens, lawyers get more of your money and your family gets less.
We prefer to work with families who get along, and are on the same page when it comes to their loved one’s estate. It makes the probate process (if there is one), easier both emotionally and financially. We don’t like to make money correcting mistakes or with families who have been left in a difficult position. If you find yourself in this situation, we’re happy to help but we’d much prefer that you not be there in the first place.
If you have an online will or were thinking about it, sign up here for our virtual estate planning challenge to think through all of the things you need before you even meet with an attorney.
So you’ve been to your primary care provider and they’ve told you it’s time to see a specialist. Or maybe they’re changing practices or retiring! Or maybe you’re looking at our list of recommended doctors appointments and realizing you need to make some new appointments as you get older. Whatever the case, now you’re tasked with finding a new doctor – and it might feel daunting. We’ve got some tried and true recommendations to make this task just a little easier for you.
Don’t be afraid to ask for a recommendation!
Start with the doctor you trust – who do they recommend you visit? Maybe that’s a specialist within a greater healthcare system (Vanderbilt, St. Thomas, etc.) or maybe it’s someone who has expertise in your specific diagnosis. But don’t stop there! Next, if you’re comfortable, reach out to your family and friends to see if they have a provider whom they really like. Why do they like their doctor? If you trust their opinions, this might be a good resource for you.
If you’re able, consider the possibility of driving to get a good doctor. Sure, they’re on the other side of town, but if they come highly recommended and you’re only going 1-2 times a year, it might be worth the traffic!
Lastly, be sure to consider any deal breakers. This looks different for everyone, but it could include transportation factors, a specific focus in their practice, or you’re looking for a doctor of a specific gender (like a female OB/GYN). Take my example – my husband and I are child-free, so I was very pleased to find a gynecologist who doesn’t also help with childbirth. It means she is able to focus on what matters to me and isn’t away delivering a baby when my appointment time comes around.
Check out their internet presence.
Most offices these days have a website, listing their hours, providers, and even patient ratings of the physicians. Do you like what you read there? Or is there something that makes you think twice? If there are comments, take the time to read those, as they may give you a deeper understanding of the provider’s demeanor and care (rather than just a 5 star rating).
Additionally, use this website to confirm the doctor’s licensure. You can also view any disciplinary matters on your particular doctor in their Practitioner Profile on this website.
Contact the provider’s office.
The last thing you want is to show up and find they only accept a certain type of insurance coverage! Call the office and ask if they take your insurance; you can find your information on your insurance card. Keep in mind that the staff may need to look up the information, but “I don’t know” is not an acceptable answer here. If the person who answers isn’t sure, ask to speak to someone in the billing department to verify your coverage.
Don’t forget to also ask if you will need a referral to their office from your primary care provider. Some specialists will accept self-referrals, but your insurance company might think otherwise!
What about a copay?
Oftentimes, your insurance card will list a copay amount for various types of providers. If not, be sure to log in to your insurance company’s website and verify the copay, or call the number on your card to speak with a representative. Specialist visits typically have a higher copay amount than a regular PCP appointment; you will want to be prepared.
Remember: just because you see a doctor once doesn’t mean you have to continue seeing them. Just like any professional, you should find someone that you are comfortable with – which isn’t a reflection on the doctor or their skills, sometimes it’s something that you just have a gut feeling about and want to find a better fit. Feel free to tell the doctor this. If you can articulate what you want, tell them and ask if they have a recommendation. They probably know other doctors in their area!
You and your provider are a team, and by working together, you should be able to ensure you are taken care of for years to come! You have the ability to direct your healthcare and make decisions for your future; hooray for being proactive!
As a child, our parents are responsible for making sure we get our regular check ups and vaccinations, but as an adult- throw in figuring out health insurance- things get so much more complicated!
Scheduling doctor appointments is a necessary task that can come with a lot of headache and uncertainty. How often should we go? Where do you find a primary care physician????
Just like you get your car a check up before you go on a long trip, it’s important to regularly check in with appropriate medical professionals in order to prevent a bigger health crisis down the road. Which screenings do we need throughout our life and at what intervals? Let us help you relieve some of that stress by following these scheduling and screening tips!
Read on for a list of appointments you should make this year, and remember to ask if your insurance is in-network when you schedule! We’ve got a handy tool at the end of this article to help you keep track of your appointments.
Appointments for All Adults 18+
Primary care physician (PCP)
When: Annually
Who: Everyone. Seeing a PCP on a regular basis is the best way to monitor your wellness. Your PCP will be able to help you make an informed decision on what appointments you should add to your annual list.
Dentist
When: Every 6 months
Who: Everyone
Gynecologist
When: Annually or if pregnant/trying to conceive
Who: People with female reproductive systems. It is recommended that you begin annual gynecologist visits as a teenager or after you become sexually active. Regardless of sexual activity, it is recommended that your first visit be by age 21 at the latest. If you have a new sexual partner, an STI test is recommended. If you regularly have more than one sexual partner, it might be wise to have a STI and Pap test every 6 months.
Eye doctor
When: If you have healthy vision, schedule a visit once in your 20s, twice in your 30s, and once at age 40. Those with existing vision needs should follow their eye doctor’s recommendations on frequency of visits. If you develop any vision difficulty or eye problems, a check up is recommended.
Who: Everyone
Dermatologist
When: Annually
Who: Everyone, especially if you spend a lot of time in the sun, are fair-skinned, or have family history of skin cancer.
Vaccinations
When: As recommended. Your PCP should be able to help you decide when to get vaccinations or boosters. Vaccine recommendations frequently include:
Annual flu vaccine comes out around September
HPV vaccine and meningitis for young adults
Shingles
Covid 19 vaccine and appropriate boosters
Who: Everyone
It’s important to get regular appointments with your doctors so they will have a baseline for your health conditions in case things change.
Appointments for Adults ages 40 +
Gynecologist – Mammogram
When: Annually
Who: People with breasts
PCP – Rectal Exam/PSA blood test
When: Annually
Who: People with prostates
Gastroenterologist – Colonoscopy
When: Regular screenings are recommended for those between the ages of 45 and 75. If your colonoscopy shows no signs of cancer, you can typically wait 10 years before scheduling another one.
Who: Everyone
If you’re 50+, add this l screening to your list:
Lung Screening
When: Annually
Who: Adults who have smoked 1 pack of cigarettes per day for 20 years or 2 packs per day for 10 years and currently smoke, or adults who have quit smoking within the last 15 years.
If you’re 60+, add this screening to your list:
Osteoporosis Screening
When: Age 65 and up
Who: Cisgender women and People assigned female at birth
If you have a family history or risk factors of any particular diseases, talk with your PCP to decide if you need earlier, more regular, or other specific screenings. Remember, prevention is better (and cheaper) than the cure!
Extra tips:
Need a New Year’s Resolution? Schedule all of your doctor appointments before the end of January so that you can cross that task off your to-do list and feel good about prioritizing your wellness
The ACA covers 100% of preventative health care. Visit Healthcare.gov for more information.
Add travel time to your appointments in your calendar
Remember to wear short sleeves to doctors appointments so they can easily take your blood pressure
We know keeping up with all of these appointments and screenings can be overwhelming. If you’re a visual organizer like us, please use our fillable guide to make sure all of your appointments are scheduled. Hang the guide on your fridge or in your office so that you’ll never miss an appointment!
Cheers to taking care of ourselves and advocating for our health in 2023!
Assistants are nothing new. Siri, the first voice-activated assistant of its kind, was introduced in 2011. Can you believe it was that long ago? We can’t! But even before that, there were other tools, including dictation, readers, and audio books. As time has progressed, they’ve gotten more advanced, becoming even more helpful than before.
Here’s why you should consider using voice-activated assistants.
1. We’re Not Getting Any Younger
Baby boomers are moving into their 70s, 80s, and 90s. Even Gen Xers – once considered the younger generation to avoid at all costs – are now approaching their 50s and 60s. In fact, between 2015-2050, the older population is supposed to double, reaching 2.1 billion. Baby boomers and Gen Xers are facing challenges that can be handled using devices that weren’t available to them (or, at the very least, weren’t in widespread use) when they were younger. Fun fact: April, a young Gen Xer/elder millennial, didn’t get her first cell phone until she went off to college at 18 years old!
2. You Want to Stay in Your Home
You’re already living successfully in your own home. You have independence. And Alexa (or Siri, or the bot of your choosing) can help it stay that way.
If you’re concerned that your kids will want to put you in an assisted living facility, a great way to keep the ball in your court is to invest in smart devices. Why? Because you can say, “If I need anything, I can ask Alexa.” With the help of a smart device (or multiple smart devices), you can age gracefully in your own home without ever truly being “alone.”
3. Help with Your Daily Tasks
Your day-to-day routine can even be improved with the help of AI. There’s a huge cognitive burden on adults – no matter their age – that can be lifted by using these tools to help remember things. You can:
Set reminders for medication
Get reminders for doctor’s appointments
Enjoy weather and news updates
Let Siri provide activity suggestions
4. Safety for Those with Mobility Issues
Younger people with mobility issues, vision challenges, etc. can be helped by voice-activated devices as well. Since all you need is your voice and a minimal investment on the device itself, you can easily access the help you need, whether it’s to call a family member when you fall down or simply want an audible answer to a question so you don’t have to squint to read the answer!
5. It Can Help You Feel Less Alone
Need someone to talk to? Alexa’s got jokes. (April says they’re terrible, but if you love to hear corny jokes, it might be right up your alley.)
A feature that April doeslove is that her Echo Show enables her to send pictures of her dogs to her parents. It cycles through the most recently liked photos and sends them along to her family!
6. It’s Fun and Convenient to Use
Are you tired of looking for your remote? Then use Alexa! Want to listen to your favorite obscure musician from the 1920’s? Your grandkids may roll their eyes, but Alexa will be happy to put those tunes on repeat for you. Though you’ll probably start out with a voice-activated assistant for safety reasons, you’ll probably begin using it for fun after a while!
7. Protect Your Home Even if You’re Not In It
Last month, we enjoyed the time of the year when we celebrate a spunky towheaded kid who single-handedly protects his home after being left behind while his family went on Christmas vacation.
The whole disaster could have been avoided if we had voice-activated assistants in the 90s. Even if his parents didn’t use Alexa to communicate with their son, the kid would have had a much easier time tricking the would-be robbers, using Alexa to turn on the lights, turn on the music, and more from the safety of a neighbor’s house.
(Though a movie about that probably would have been less fun to watch.)
8. Worried About Privacy? Consider This
Privacy concerns are one of the top reasons people don’t implement helpful devices like Google Assistant, Cortana, or Siri. But did you know that there are some workarounds that can help with this concern?
AI assistants like Alexa, Siri, Cortana, and Google are simply tools in our toolbox. Want to hear more about the tools we use in our lives as we get older? Sign up for our newsletter for more!
