Page 46 - Indulge June/July 2016
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theimPOrtanCeOf legalPlanning

FOR THE FUTURE

By Linda Doell

Few people want to imagine is a family Courtesy of Vasiliadis and Associates
growing old, but a time comes
in every person’s life when he or she member.
must begin planning for their golden
years, including making arrangements “You’re
for their health care and housing.
appointing
The situation becomes especially
important when someone has been someone who
diagnosed with dementia. Once
someone has been diagnosed, it’s can step in
important to start planning for
future care and lifestyle while the and act on
person still has the legal capacity to
understand what’s going on. your behalf to Stanley M. Vasiliadis
handle your
“It’s not so easy to make those
decisions logically, let alone financial affairs,” he says. “It’s not to navigate and that’s
emotionally,” says elder law attorney where an elder law
Stanley M. Vasiliadis, who is certified enough that you happen to be a spouse, attorney can help.
through the National Elder Law
Foundation.“We can help the families son or a daughter.” He gave the example Vasiliadis says he
and individuals with Alzheimer’s with chose to focus on elder
the decision making process — it can of a spouse wanting to sell a home and law 25 years ago
be so hard for the family to figure out.” after seeing an
the loved one is too incapacitated by aunt deplete her
Elder law attorneys work with life savings on
providers in the medical, financial, dementia to make a decision on it — long-term care.
housing and other fields to set up a
comprehensive plan for the future. without having power of attorney, the “At the time no one seemed to
know what to do,” he says. His
“It’s a holistic approach,” he says. spouse doesn’t have the legal authority Bethlehem law firm has three
“We just don’t focus on wills.” attorneys specializing in estate, tax
to decide for the loved one. planning and long-term care planning.
The Alzheimer’s Association
recommends that as long as the family Giving someone health care power of In general, an elder law attorney
member diagnosed with dementia has can help with programs such as
the legal capacity to understand the attorney is different in that those powers Medicare and Medicaid and can help
consequences of his or her actions, clients navigate their way through
the person should be included in any extend only to medical decisions. other potentially complex issues and
planning of his or her future. programs as well.
“Those powers are somewhat limited,”
Vasiliadis says that, at a minimum, Elder care attorneys also may
people should have the following Vasiliadis says. “Don’t assume that just have specific knowledge of any or all
in place: durable power of attorney, of the following areas:
health care power of attorney, a will because you’re married or have children
and a living will. ■ Social Security and disability
that they can step in and make health- claims and appeals
If you assign someone durable
power of attorney, that person will care decisions.” ■ Power of attorney
have a wide range of power over your ■ Living wills
legal affairs. Usually the appointee A will is another important tool ■ Preservation of assets
■ Tax planning
to have in place, even in general ■ Conservatorships and

planning for the future. guardianships
■ Elder abuse and fraud recovery
“If there’s no will, the state ■ Housing issues and nursing

of Pennsylvania will dictate how home placement
■ Estate administration
your estate will be distributed,” he

says. Even if there is a surviving

spouse, not all of the estate would

automatically transfer to him or her.

Living wills and other health-care

directives help families know what

46 | indulge • june/july 2016 their loved one wants in the way of

treatment — something that the loved

one may not be able to communicate.

Living wills protect terminally ill

persons from receiving unwanted

medical procedures that prolong the

dying process and harm quality of life.

All of this planning can be difficult
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