Protecting Your Right to Age in Place
Nancy Burner, Esq. | May 6, 2012, 1:04 p.m.
The Baby Boomers -- individuals born between 1946 and 1964 -- are aging at a rapid pace. This aging of a large segment of the population has presented new challenges for clients, their families and the communities in which they live.
Overwhelmingly, my baby boomer clients express their desire to age in their homes and communities for as long as possible. It is imperative to develop estate plans that protect assets to insure that you can “age in place.”
To that end, an efficient estate plan should include advance directives such as health care proxy, living will and power of attorney.
The health care proxy is a document that names an individual to make health care decisions for you.
The living will is a document that expresses your wishes regarding end of life decisions.
The power of attorney is a document which names an agent to handle your financial affairs.
The power of attorney, unlike the health care proxy, is valid immediately. You can execute a power of attorney that is valid only in the event that you are incapacitated, known as a “springing” power of attorney.
By creating these documents you can avoid a guardianship proceeding and make sure that you live out your life on your own terms with the people you choose to carry out your wishes.