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Last Love Standing – Guardianship

Is there any one to take care of you or your spouse when one or both of you become incapacitated and unable to care for yourselves or administer your finances?

Do you have a story or advice for what not to do or what to do? Let’s share and learn together.

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Vision and Purpose of Group

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This Group is for members who don’t expect to have anyone to take care of them when they become unable to care for themselves either physically and/or financially.

A lot of members have children or other relatives who will do this. My wife and I do not, and one of us will be the last of us to survive. What happens to that survivor when he or she does not have the mental or physical ability to manage finances or care for self?

Are you in the same “boat?” Have you created legal documents like trusts and wills to take care of this?

Have you named a person or trust company to manage your person, assets and estate? How does this work? How do you know you can trust someone?

If you don’t do anything, will the “state” do it for you? Is that good or bad?

This is a place to discuss those issues and concerns.

Paddy

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9 months ago

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Tidy Up?

We don’t get much traffic in this group, and so be it.

We are a special group of “dead enders.” Ha!

No one to take care of us, and no one to leave our resources to. Well, maybe not.

There are some charities that will receive my “residuals.” I’m wondering if we should save someone the trouble and get rid of a lot of “stuff” before we are gone. Why, I don’t even look at a lot of the left-behinds myself. Why would anyone else do it?

Tidy up, ya’ll.

What are your thoughts on all of this?

Paddy

photo of paddrick

Good Morning

I've just joined your group and after looking at all the groups about later life, this oe and only one other made sense to me since ending up alone at the end is a grave concern of mine. I try to explore my feelings about this in a blog I write entitled Within Crepusculum, which roughly defines just means life within your later years or in the twilight of life. I continually go back to the question of what if I am the one to survive. I certainly don't want to be taken advantage of that and I don't have anyone the proper age at the present time that I do trust--particularly trust with my life and handle it the way I want and ensure my will is followed as we have written it. I'll be back many times to read all the input from the members and I hope to be able to give a little in return. Thanks for such a thoughtful, provoking basis for a group!
photo of Thirdchance
1 reply - last reply

Update - Elder Care Issues

Using the Internet, I searched and found a current, interesting article about Elder Care.

It is in the February 2008 issue of the Texas Bar Journal, available online.
“As the elderly population increases, so too do concerns about long-term care, estate planning, and quality of life. This issue looks at several timely elder law topics, including Medicaid planning and special needs trusts. We also introduce Safeguarding Our Seniors, a new video from the Texas Young Lawyers Association on recognizing and reporting elder abuse.”
Here is the link to the article:

view link

I live up in the State of Washington. I don’t expect Texas law to be the same as Washington law, about these matters. But I suspect that some of the issues apply to citizens of every state.

This article might at least give us an idea of what the issues are, and what things we can talk about if and when we decide to visit with a local lawyer.

If you find out anything interesting about your state, post it here and share it with us. We know we can’t rely on it, but it may give us a sense of direction.

Paddy

photo of paddrick

Quicken Will Maker Plus

I belong to Costco and received an email about Quicken Will Maker Plus that may be of some help to members of our group. Here is the information about the software. I have no financial interest in it.

America's No. 1 estate planning software helps you create a will, living trust, living will -- and much more!

Help protect your family and your assets, and save on legal fees! Quicken WillMaker Plus 2008 provides the legal forms you need. So comprehensive, the software assembles your forms from among 40,000 document possibilities -- but so easy to use, you'll have them finished in minutes.

Simply launch Quicken WillMaker Plus to create your own:

• Will
• Living Trusts, including an AB Trust
• Health Care Directive:
• Living Will
• Health Care Power of Attorney
• Financial Powers of Attorney
• Final arrangements document
• Important documents for executors

The software also provides forms you can use every day, such as authorizations and agreements, promissory notes, and child and elder care forms.

For each document, Quicken WillMaker Plus takes you through a step-by-step interview. Your documents will automatically reflect the laws of your state. If you have any questions, simply check out the comprehensive onscreen legal manual. Expert tech support is also available.

Need to know more? Here are in-depth details about what you can do with Quicken WillMaker Plus:

• Your Will

Provide for family, friends and charities. Name a personal guardian to care for young children. Specify the executor (or "personal representative") of your estate. Select a trusted person to manage property left to young people. Revise and update your will whenever you like.

• Your Living Trust

Make a basic trust, whether you're married or single. If married, you can create a AB trust (or bypass trust) and spare your heirs from potentially heavy estate taxes. Create subtrusts for minor children and young adults. Name custodians for property left to children. Change or revoke your trust at any time.

• Your Health Care Directive

Lets people who care for you make important decisions about your life and health when you can't.

• Health Care Power of Attorney

Permit a loved one to make important medical decisions for you if you are unable to do so yourself.

• Living Will

Specify whether you want your life prolonged through artificial means. Appoint someone to make sure your wishes are carried out.

• Your Financial Power of Attorney

Name someone to make your financial decisions, in case you are medically incapacitated. Don't worry, you can grant as much authority as you wish.

• Your Final Arrangements

Plan a funeral or other ceremony. Clarify whether you want a cremation or burial. Select someone to oversee your final arrangements -- and more!

• Documents for Your Executor

Make sure your executor ("personal representative" in some states) has all the forms and instructions he or she needs to do the job: Checklists, letters, notices, claim forms -- and more.

• Personal Finance Documents

Over a dozen forms that let you handle financial situations you might face on any given day, such as lending or borrowing money to friends or family, creating bills of sale, ending a credit card account -- and more!

• Home & Family Documents

Whether you need to authorize someone to travel with your child to another country, want to lend your car to a friend, or create an agreement with a trusted person to take care of your elderly parent, Quicken WillMaker Plus can handle all these family situations -- and many more!

Estate planning documents not valid in Louisiana.

• Platform: PC
• Category: Home Productivity
System Requirements
• Processor:
Pentium 133 (Pentium II 300 recommended)
• Operating System:
Windows 2000 / XP / Vista
• Memory:
32 MB of RAM (64 MB RAM recommended)
• Hard Disk Space:
19 MB (26 MB to install)
• Display:
Super VGA (800x600) with 256 colors (16-bit color recommended)
• Drive:
2X CD ROM
• Miscellaneous
14.4 Kbps modem required to access online features (56 Kbps or higher recommended); Any printer supported by Windows 2000 / XP / Vista; Explorer 5.0 or higher. Adobe Acrobat Reader (optional).

Paddy

photo of paddrick
1 reply - last reply

Last Love Standing – Guardianship

I’ve searched Eons and could not find anything on this topic. So I’ve started a new group to talk about this subject.

Let me share my story. My wife and I have finally retired and look forward to the future together. We have wills and have taken care of that; the survivor of us inherits all, and there are provisions for how to divvy up the estate when the last of us dies.

There is no one to take care of my wife or me when one or both of us becomes incapacitated and unable to administer our finances. Do you have a story or advice for what not to do or what to do? Let’s share and learn together.

photo of paddrick
11 replies - last reply

National Guardianship Association

Here is a link to the National Guardianship Association.

view link

The NGA website discusses guardianship in general and has the following links for additional information:

> Guardianship/Conservationship -- An Overview

> Rights of An Individual Under Guardianship

> The Guardian and Informed Consent

> The Guardian as Surrogate Decision-Maker

> Developmentally disabled Individuals

> Assisting the Guardian in Selecting a Nursing Facility

Terminology
When NGA was developing a set of principles and standards to be used on a national scope, we realized it was necessary to review and consider the tremendous variety of terms that were currently in use throughout the country. Our concerns with these differences and possible misinterpretation of principles and concepts led to the development of this set of terms and definitions.

Paddy

photo of paddrick
2 replies - last reply

Guardianship in Washington

My wife and I live in the State of Washington. We don’t have anyone to care for us or our financial matters if we both become incapacitated before we die; if we can’t take care of ourselves or manage our finances.

Thinking there are others who might have a similar concern for themselves, I started this subject on Eons.

So I searched online and found the following website using the search phrase: “washington AND guardianship”

Among the links found in the search, the following looks good to me:
view link

If you are interested, you can view the Washington link, and if you live in another state, change the name of the state to your state in the search phrase above.

Hopefully, it will be of some help to you. From what I’ve scanned so far, it looks like it is best to engage a lawyer who is experienced in this area. I don’t know if I would trust a form without some review.

If you find anything for your state that may be of interest or help, please start a new message with your state’s name in the topic; i.e., “Guardianship in New Mexico.” That way, people from a particular state don’t have to view all the messages in the group to find something about a particular state of residence.

Paddy

photo of paddrick

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