Sponsor spotlight: From the desk of an elder law attorney — thoughts on how to be prepared in the pandemic

We’ve been getting calls from family members and loved ones of patients who are in the hospital with corona virus or another serious and possibly terminal illness. They are in a panic because they need someone to prepare a will and powers of attorney for the hospitalized loved one. Heartbreakingly, it’s too late. We can’t help. No attorney can or will go into a hospital or care community to help create those documents. Also, these documents have to be witnessed and notarized in person, and that’s not allowed either.

It’s no fun to think about scary things and right now the news is as scary as it’s ever been.
As an Elder Law firm, it’s our job to be aware of the scary things that could happen to people as they age. The pandemic has added a new level of fear. We think it’s also up to us tell people how to protect themselves and to warn them of what might happen if they don’t.

Most people know that they need an estate plan. To review, an estate plan usually consists of a Will, a Power of Attorney for finances, a Power of Attorney for Health Care (often those are combined), and a Living Will (also called an Advance Directive.)

Of these documents, we think the most critical are the Powers of Attorney. If you become incapacitated, say because you’re quarantined in a hospital, someone you trust needs to be able to communicate for you and carry out your wishes.

Clients tell us all the time how glad they are to have done their estate plan. It’s one less thing to worry about, and they know that they and their loved ones are legally protected should the unthinkable happen. Plus, they now have an attorney in their corner, ready to fight for them. For instance, if a bank disputes a legal power of attorney, as they sometimes do, we will have a serious discussion with them. They usually see things the right way and cause the client no more problems.

From our dealings with seniors and their families, here are some other suggestions:

– Talk it through. Try not put off the dreaded conversation any longer. Talk over how you’d like things handled. What happens if you or a loved one is hospitalized, who will take care of your spouse? Who will take care of your special needs children? Is there a plan for the family pets? How would you like your remains to be treated?

– If you have a will, is it up-to-date? Lives change. Make sure your legal documents keep up.
Speaking of which, check your beneficiaries. Make sure the beneficiaries of your bank accounts, pensions, IRAs, brokerage accounts, etc., are accurate. (See our article on my cousin Erwin.)

– Check your life insurance. Research and purchase the appropriate policy.

– Keep track of online accounts and passwords. Make sure someone you trust has assess to your passwords. We’ve met too many seniors whose loved one has taken their passwords to heaven with them.

The chances are you won’t get sick or that you’ll recover. But you’ll be happy you did all these things. You can quit worrying about them now.

We’re happy to answer your estate planning and elder law questions. Call Sanders Law Group at 425-640-8686.

— By Peggy Sanders, Attorney and Ralph Sanders

 

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