By James Roban
Attorney at Law

Making a will is one thing most adults postpone as long as possible. No one wants to think about death.

Most attorneys advising seniors and their children (who may be helping their parents), recommend a will or trust, Durable Power of Attorney, Living Will or Health Care Directive, and a long-term disability plan in the event of a nursing home placement.

Seniors should have a will or trust to plan where their assets, property and real estate will transfer on their death. Often a spouse or children are the persons who receive the assets. A will or trust makes it certain who inherits, and who is in charge. The person in charge, the executor, pays the bills, collects the  assets and distributes them to the heirs.

Also, seniors should have a Durable Power of Attorney in place in case of physical or mental disability to avoid a court proceeding to appoint a Guardian and Conservator for the senior. Married seniors assume that their spouse can do everything for them. That is simply not true. As we all age, physical or mental disability is possible. A Durable Power of Attorney allows a person to appoint someone as their "Agent" to act for them if they are no longer mentally competent.

Since 1989, Minnesota law has provided for making a "Living Will" covering medical matters. Two matters can be covered: appointing a Health Care Agent, and making medical decisions ahead of time. A Health Care Agent can make medical decisions when a person can no longer communicate. A person can declare how they want to be treated medically in many situations, such as "brain death" or persistent vegetative states.

Without a Health Care Directive, seniors, their spouses and children may disagree on what should be done medically. What did the person in their situation want, in the way of medical care?

Finally, the issue of long-term care, whether at home or in a nursing home, must be faced. Since we are all living longer, it is more likely that someday we will need help with daily living. Yet, most seniors dread even thinking about a nursing home placement.

Long-term care insurance is an option, along with paying for your own care. And in most cases, some assets can be preserved for a spouse or children. Saving assets may require the assistance of an expert in Elder Law. Seniors and their children should consult with an expert on Elder Law when the issue of nursing home help or saving family assets is a concern.

Action before the problems or crisis arises is essential. The proper legal documents in place are protection for yourself and your assets. It is advisable to consult an attorney about these matters before you take action.

Senior Federation members can call the MnSF Legal Referral Line for legal help to lower costs, 651/783-5017. James Roban practices in estate planning and disability planning. He can be reached at 651/738-2102.