Conversing with loved ones about senior living and end-of-life care at times can be uncomfortable, but is encouraged for those with aging parents. Often, involving an attorney in the discussion helps soften the topic for those involved.
Many people have difficulties discussing these issues, according to Alison C. Fairbanks of the Law Office of Judith H. Singer in Clifton Park. “Some parents have difficulty sharing their financial information with their children. They think it’s none of their business. But having someone there as a neutral, lets them know it’s not about being nosey but about planning. It is a relief to both parents and children when the parents have planning in place.”
Judith Singer started her law practice 10 years ago after ending her career as a trial attorney. Fairbanks, her best friend, came out of retirement this past year to join Singer at her practice doing the work they both love – helping people of all ages, particularly seniors. The law office focuses on estate planning and administration, including preparation of wills, trusts, health care proxies, powers of attorney and other related documents.
Singer and Fairbanks counsel their clients on their planning needs to insure they have the correct documents in place and work to make sure they understand the process. In doing so, they strive to make them feel comfortable and confident about dealing with sensitive matters. In addition to estate planning, the practice concentrates on asset protection and Medicaid planning.
“I think with seniors it is difficult. We now live in this hurry-up, get-it-done world and there’s a tendency to rush them along,” said Singer. “We take our time, and have a certain focus and patience that I think they appreciate.”
Both women said it’s delightful to build a relationship with clients and their families. “There’s something really wonderful when you sit down with a couple that has been married for 50 years. It’s a privilege to help them,” said Fairbanks. “There’s something about getting to know them and being a part of that relationship for even a little bit of time.”
Both Singer and Fairbanks warned against using information from the Internet to prepare important legal documents no matter what a person’s age. Many turn to the Internet for advice to save money. According to Singer, “It’s a growing trend that has become worrisome for those in the business. Often the documents aren’t prepared correctly, which can lead to disastrous results when certain situations arise.”
“You don’t want to discover at the moment you need a document that it hasn’t been properly executed and doesn’t contain the things needed for your purposes,” said Singer. “This can be a horrifying situation, for example, for seniors with dementia if they lack mental capacity and therefore are beyond the ability to redo their documents. They and their families are then faced with having something in place that doesn’t work.”
Singer and Fairbanks said that it is equally important for young adults to engage in estate planning, something many ignore because they have not yet acquired significant assets. However, young adults may have other equally important estate planning issues to consider. For example, couples with young children should have wills in place that specify guardianship in the event of their deaths. Failure to do so may leave the ultimate decision as to who will serve as their children’s guardian in the hands of the court.
They also recommend that young adults designate a health care proxy, and execute a power of attorney. They point out that it is important to update legal documents after key life events, like marriage or having children.
Estate planning is important at all stages of life according to Singer and Fairbanks. “Death is not limited to the elderly,” said Singer. “Planning for death and incapacity or long-term care during life is something you should put some thought into. Frequently people are doing this at the last minute or not at all.”
Although estate planning can be difficult, the attorneys both agree that in general their clients leave with a feeling of relief and satisfaction that they have done what they can to provide for the future.