Elder Caregiving, Capacity, and Control: What Families Need to Know Now

Elder caregiving – or caregiving of those with functional needs – is a subject we don’t love discussing but should do anyway.

Current statistics indicate that there are nearly 53 million unpaid caregivers in the United States and the aging population is ever-growing.

There’s never been a more pressing need for proactive estate planning featuring specifics about elder caregiving or caring for those with functional needs.

Every day more families face the challenges of caring for elderly or incapacitated loved ones. Proper planning can empower you and your family members. Consequently, designating successful caregivers and reducing emotional and financial strain. Thereby, ensuring your loved ones’ wishes are respected and enacted.

Without legal authority, even the most dedicated caregiver can find themselves powerless at critical moments. That’s where estate planning becomes essential.

Protecting Loved Ones’ Wishes

One of the most important roles a caregiver can take on is that of an advocate. This means not only managing daily needs. But also making medical and financial decisions when your loved one can no longer do so themselves. Tools like advance healthcare directives, powers of attorney, and living wills allow individuals to spell out exactly what kind of care they want. Furthermore, they designate who they trust to make decisions if they become unable to speak for themselves. Once in place, these documents provide peace of mind to the family caregiver and other family members while ensuring dignity and respect for the person receiving care.

Planning for Incapacity

Incapacity can strike at any time due to illness, injury, or cognitive decline. It’s important to recognize also that incapacity is not an all or nothing event. Cognitive decline is typically a process. Families have to scramble to make decisions in crisis mode if there is no plan. In some cases, a person may have the capacity to make some decisions while needing help making others. A comprehensive estate plan addresses this by preparing for the unexpected. A durable power of attorney ensures someone can manage finances, pay bills, and handle legal matters. Healthcare proxies allow for medical decisions to be made swiftly, avoiding dangerous delays in treatment.

Avoiding Guardianship Battles

Another important aspect of an estate plan is avoiding legal guardianship proceedings. If a loved one becomes incapacitated without naming a decision-maker, family members may be forced to go to court to seek guardianship. This is a public, expensive, and often emotionally draining process. These types of legal battles can pit family members against one another. Furthermore, they drain resources that would otherwise go toward your loved one’s care. Estate planning eliminates this risk by proactively assigning responsibility and outlining care preferences, keeping control within the family rather than the court system.

Being a caregiver for a loved one is a meaningful yet challenging role.

With proper estate planning, the recipients of family caregivers’ efforts are protected while their caregivers are empowered to navigate the complexities of healthcare and financial decisions. The sooner you put a plan in place, the more peaceful the whole family can be when a caregiver is required. Give my office a call today at (470) 235-7868. We help families avoid conflicts, protect their loved ones and maintain control over important decisions through the creation of well-thought-out estate plans.

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!

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Stacy McKenzie

21:58 07 Feb 24

Shannon and her team were great. Went in for a consultation and got my money worth. She explained and made sure we understood. I will be using them in the future.

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Waheed Hamid

18:55 17 Dec 23

We had excellent service from Shannon and her team, they are true professionals and helped us and explained every step in the process. We highly recommend The Estate and Asset Protection Law Firm.

Virgil Price Young

20:16 18 Jul 23

Stephanie Deal

15:22 07 Jul 23

My father and I recently used the estate, an asset protection, law, firm for new wheels, new, power of attorney’s, and a creation of a trust. Brooke and her entire team could not have been more helpful and more professional! We loved working with them, and they took everything seriously therefore I didn’t have to worry about a thing. I highly recommend everyone at the law firm.

Barry Amos

01:22 01 Jul 23

Great firm. Had answers to all our questions and explained everything clearly. Never felt rushed to make a decision Could not ask for a better experience. Every one we dealt with was professional and knowledgeable. We highly recommend this firm for estate planning.

Lee Jay

21:30 28 Jun 23

Shannon provided invaluable information regarding a family estate matter. Although her firm did not quite fit our immediate needs, the consultation was informative and extremely HELPFUL! Shannon clearly explained what our next steps should be and offered to assist if we had any questions along the way. Her expertise and willingness to help puts her in a league of her own!

Alice Guppy

02:01 23 Jan 23

Shannon and everyone at The Estate and Asset Protection Law Firm are professional, very knowledgeable, and a pleasure to work with. They answered all our questions in great detail and the plan they developed for us is exactly what we need to protect our assets and estate as we age especially with my husband's health issues.

Lynn McKibbin-Moore

23:09 24 Feb 22

My husband has dementia. This firm has been patient, kind and professional while we went through a move from a house of 37 years in to a condo to be closer to my daughter and her husband. (Miami to Atlanta). There was also a wedding. All in 6 months.
We now have a trust, power of attorney. Wills for my daughter and her husband and more. All at a fair price. I could not recommend higher.

Tammy Lee

22:03 29 Jan 22

Shannon Pawley and her team are exceptional at helping families navigate tough situations. We began working with her upon finding out my father had Stage 4 kidney cancer. His decline was more rapid than expected.
Attorney Pawley and her entire team expedited paperwork that allowed me to focus on my father’s care, make decisions that suddenly needed to be made for him medically and financially, and has allowed me the ability to focus more on grieving and less on legal matters upon his passing.
It is obvious she is knowledgeable about the best ways to navigate estates to protect the assets for the owners and their loved ones. It is just as obvious that she is passionate and has true heart for what her clients go through.
We will be using her for own estate needs, and I recommend her expertise to everybody I can.
This service is worth every penny we paid as it has saved us more money and time than I could imagine.

H Jessie Brewer

18:26 18 Nov 21

Attorney Shannon Pawley and paralegal Alexis McCoy are legal professionals that my wife and I highly recommend. Their grasp of the Georgia law pertaining to Medicaid assistance and the interworking's of the State department is exceptional. Additionally, their client-attorney relationship skills are excellent. We wouldn't hesitate to use this law firm again should the need arise.

Dawn Hardy

15:06 13 Nov 21

Shannon and her team are the best! They listened to my needs and provided the best advice. They are patient and professional as well as personable, they didn't make me feel like I was just another client. Highly recommend!