January 2021
You put time, effort and money into your estate. You also put the same amount of care into your estate plan and all that goes along with it. But when it comes time to tell your family, are you ready? Many people struggle to talk to their families about their estate plan. In particular, they struggle to discuss their will. But how can you do it anyway? Why are you afraid to discuss your will? The Guardian discusses what to do if you are afraid to discuss your will with your family. First, identify where the fear is coming from. For some, discussions of wills and estate plans highlight one’s mortality. This is difficult both for you and your children and loved ones. Emotionally charged conversations like this can lead to disagreement among family members. For these reasons, you may feel hesitant to bring it up in the first place. But discussing your will allows you to clearly communicate your wishes to your loved ones. This helps you smooth over any potential misunderstandings before they happen. It allows the transference of assets and estate to go seamlessly when the time comes. It cuts down on the surprises – both negative and positive – that they may face while also dealing with their grief. How do you tackle the subject? So how can you do it? First, set aside a specific time to hold the discussion. No one wants a sudden talk about estate plans and wills. You do not want to rush through the discussion either, so you should choose a time where everyone is free for at least a couple of hours. Before your talk, outline what points you will cover. Going into the discussion knowing what to expect may help your loved ones out. Plan what you will say in advance. Be prepared for emotional reactions. Finally, understand that difficult conversations now will save your loved ones trouble later.
Guardianship is a powerful legal relationship. In terms of elder law, you would probably establish a guardianship to make decisions for parents or grandparents who can no longer manage their own affairs. There are a number of questions that you might ask yourself — and that the court will probably ask you, for that matter — before you pursue this option. Even if your challenges seem immense, there could be alternatives. Would something else work? One of the central elements to most guardianship cases is determining whether this change in status is the only option. Others might include: Special needs trusts Representatives for managing government benefits Powers of attorney The court would want you to consider these first because they are less restrictive on the liberties of the person you are taking care of. Having one or more of these already in place, with insufficient results, might be a good indicator that you need a guardianship. Would there be opposition? You might also want to consider the human factor. Various people, primarily family members, might object to your intent to become a guardian. They could have the right to take action that delays or disrupts your attempts. In short, serious opposition would probably complicate your case. Do you want to be guardian? Guardianship might be a strong tool, but is it the one you want to use? Your commitment comes with certain privileges, such as the ability to effectively care and represent your loved one, but it also includes a wide array of responsibilities. Breaching or neglecting these duties could result in serious consequences. The choice is yours whether to pursue establishing a guardianship. However, this is a major decision. Should you succeed, you could change more than your legal relationship with your loved one — you could change your future for years to come.
