Rita A Daninger
Attorney At Law PLLC

Choosing the appropriate degree of care for your aging parent or loved one requires you to make a multitude of difficult decisions. Of these, is the option of long-term care, hospice care or moving from long-term care to hospice care. 

Long-term care providers serve individuals needing varying degrees of assistance in their daily lives.  Should your loved one need assistance for a few hours with specific tasks or daily access and assistance for personal and/or medical needs, there are a variety of assisted-living services ranging from in-home assistance to nursing homes which can fill those needs.  Individuals best suited for long-term care have generally stable physical health, are able ward off infection without significant medical intervention and typically are expected to live longer than six months to a year. However, as your loved one continues to age, their care needs may change.

Should your loved one be diagnosed with a terminal illness or their bodies are beginning to prepare for death, they may be better served by hospice care.  The care administered in hospice is focused on keeping the patient pain-free and lucid, if possible, until death.  Indicators your loved one may need hospice care include but are not limited to a terminal illness, significant weight loss, recurrent infections and frequent hospitalizations. 

While some long-term care facilities provide hospice care, the facility your loved one receives care from may not.  As an advocate for your loved one, it is crucial to know how to determine which maybe better suited for the individual needing care and when is best for him or her to begin subscribing to that care. By remaining an active participant in their care and vigilant about their evolving needs as they age, you can ensure your loved one is receiving the appropriate level of care for the phase of life requires.   Dialogue between you, your loved one, their care givers and doctor is essential to yourloved one’s care and comfort. 

Additional reading and resources to help you:

Long-term care:http://www.medicare.gov/LongTermCare/Static/Home.asp

Hospice: www.nhpco.org

Care giving:http://www.aarp.org/relationships/caregiving/

Care facilities in Sun City:http://www.suncityaz.org/pdf/SC%20Care%20Facility%20List.pdf

Even posthumously, the strained marriage of John andElizabeth Edwards continues to make ntional headlines.  Most recently we saw reports from major newsnetworks that “Elizabeth Leaves John Out of Her Will.”  The Will, which was made a public documentdue to Probate, was then provided as evidence to these claims.   And to the untrained eyes of the public,this new and somewhat assumed scandalous act surely appears to hold true.  However, a closer look into Ms. Edwards’Estate Plan reveals   a somewhatdifferent story and raises questions you should ask yourself and consideringyour Estate Plan.  For the basis of thisargument, I will hold this to Arizona Revised Statute (A.R.S.) so you asresidents of this great state, Arizona, may put this into the context of yourlives. 

As stated in a January 6, 2010 article from the WashingtonPost, “Elizabeth Edwards will has drawn attention for what's left out -- anymention of her husband John. She named her daughter, Cate, as executor of herestate, and left everything to her and her two younger children, Jack and EmmaClaire.”  While it could naturally bepresumed that leaving a person out of your Will in turn excludes them from yourestate, this very much depends on the extent of the relationship that personhas with you.  As residents of Arizona,we are subject to Community Property which entitles the spouse of the deceasedto his portion of the estate.  UnlessJohn and Elizabeth were either legally separated or divorced, John would ableto contest Elizabeth’s Will in Arizona, claiming she simply forgot him andclaim spousal rights to a portion of her estate.  The most effective way to avoid this issuewhen you conduct your estate planning is to explicitly disinherit those youwish to exclude from your estate.

Further through the Will Ms. Edwards refers to a Trust whichwas executed in 1992 and amended prior to this Will directing the residuary tobe “part of the Trust and to be managed in accordance with the terms andprovisions of the Revocable Provisions of the Trust…”  Without reading the Trust, we have no ideaexactly who is and who is NOT a beneficiary. When conducting Estate Planning, it is best to meet with your attorneyto determine if creating a Trust will best address the needs of your estateafter you die.

The final, albeit not so obvious, question to thecredibility of Ms. Edwards’ Will is capacity. The Will was published a mere sixdays prior to her death.  The timing ofthe execution of her Will leaves us to question if Ms. Edwards was of soundmind at the time of signing this Will.  Ifthere is legitimate evidence discounting Ms. Edwards’ capacity either by theinfluence of medications she was under or other factors, this Will could bedisqualified.   If there is any questionof your or your spouse’s capacity when you meet with your attorney to conductEstate Planning, it is best to be evaluated by your physician and present aletter from this physician attesting to your capacity.

Welcome to my blog!  With this blog, I will provide useful information and raise awareness in the areas of Estate Planning, Wills, Trusts and Powers of Attorney.  These are legal tools everyone should use to protect their assets and ensure the successful transfer of them to their loved ones, avoiding the possibility of lengthy and costly probate and estate taxation.

Please click on the orange "RSS" box, in the lower right, to subscribe to my blog and do not hesitate to call or e-mail my office anytime you have questions for the law office of Rita A. Daninger.

Protection, Preservation, Profitability