News & Resources: Blog

Case Study: Life Care Planning

Published: March 17, 2021

Joseph and Marie had been happily married for 52 years, raised a family, and were enjoying their retirement years when health issues began to surface. Marie was the first to exhibit health concerns and was diagnosed with dementia, leaving her unable to effectively communicate with Joseph and her three children. Shortly thereafter, Joseph began showing signs of mild cognitive impairment along with age-related physical limitations that made taking care of Marie and himself difficult.

Fortunately, Joseph and Marie had met with Scott Bloom Law a few years prior to experiencing these health issues and had a plan in place for when their decision-making capabilities had waned. While this didn’t make any of these end-of-life realities easier to confront, they were comforted by the fact that their children would be taken care of and that they were not adding to the stress the family was dealing with. With the help of Scott Bloom Law, the family was able to take the necessary steps to ensure that their parents’ best interests were always the most important consideration. With Scott Bloom’s legal counsel:

  • They had given their oldest child power of attorney a few years prior, ensuring that when needed their family would be prepared and that their wishes for end-of-life care would be met.
  • While it was challenging, the children were able to convince their father that the best next step was to find a long-term care facility where they could receive round-the-clock care. As with most families, convincing their elder loved ones to leave their home was a difficult and heart-wrenching process. When their funds for paying for long-term care were exhausted, they were able to utilize Medicaid.
  • In addition, a trust was created for the benefit of their children, mimicking their testamentary intent as shown in their Last Will and Testament. Often with multiple children involved, it can, unfortunately, become a contentious process with differing ideas and motivations in play. At Scott Bloom Law, we work with families to help mediate disputes and keep the focus on the well-being of everyone involved.

Too often, families look to a ‘specialist’ who does not have the all-encompassing understanding of the myriad of issues that are faced by the elderly and their loved ones.  This case demonstrates the importance of utilizing an elder law attorney. At Scott Bloom Law, we have the experience and breadth of knowledge necessary to understand and advise on all aspects of eldercare issues. With compassion, honesty, and attention to detail, the team at Scott Bloom Law will be there every step of the way for you and your family, providing a plan and offering guidance through the elder law legal process. Schedule a call with us today to discuss your situation and how we can help.

CLIENT Testimonial

This question is asked all the time: “Wouldn't it be easier to get a will off the internet, transfer my land when I die, and put my children on my bank account?” It’s just not a good idea. For the plan to work as you would want it to, it should account for plenty of complications. A good plan should protect your spouse and your children from the loss of valuable government benefits if anybody is or becomes disabled. The plan should avoid the delay and expense of probate court. The plan should protect money from children’s creditors or divorce or remarriage. It should be crafted to serve family harmony and to avoid disputes between children as joint owners. Even a relatively simple situation is made up of many moving parts. Internet documents and joint-ownership devices just won’t do the job.

Also, assembling the moving parts so they work smoothly is just the first step. Your estate plan needs maintenance too, just like your car has a “check engine” light. Major family events like serious illness or death, marriage, birth, or financial reversals are alerts that you should tune up your plan to reflect those changes. Your plan shouldn’t be “one and done.”

It takes expertise to coordinate the various strategies available. Don’t risk a result that will cause your family problems and unnecessary expense. Call us to create a plan that harmonizes the moving parts, so the gears will work together and you will leave the legacy you intended. We hope you found this article helpful. If you have questions or would like to discuss your legal matters, please do not hesitate to contact our office at 215-364-1111 to schedule a consultation.

- Creating an Estate Plan On Your Own: Think Twice

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CLIENT Testimonial

Our family had the good fortune to find Scott Bloom.  He was invaluable helping us set up our trust. We had an unexpected health crises and realized that we had nothing in place to protect our children.  Scott explained our options and got the necessary paperwork ready for us to hand to our family, accountant and banks. Scott was absolutely the right attorney at the right time for us. We would highly recommend him and his team.
- Tricia B., Hamilton, New Jersey

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