Mar 10, 2013
By Rick Law, Elder Law Attorney in Western Suburban Chicagoland.
As we meet with clients it becomes clear to us that many people are concerned about what will happen to their loved ones who are particularly vulnerable. It may be a child who has been disabled either physically or mentally since birth; that child may be living at home or in some type of group home setting.
It may be a child with severe learning disabilities that the parents have continued to care for and support while trying to help them be as independent as possible. It may be a child that was perfectly healthy at birth and up to adulthood, but in later years developed a disability such as MS, or became disabled as a result of an accident and is now in need of extra care and support. This type of trust can be revocable or irrevocable during the trustmaker’s lifetime.
The beneficiary may also be a child that simply “failed to launch.”
It may be a child that is currently in an abusive relationship. It may be a child that has never been able to, and likely will never be able to, handle money. It may be a child that had (or still has) an addiction.
Whatever the reason, these parents or parent see that they have a vulnerable adult child who will need continuing care and support.
It may be that a child has been caring for his or her parent, but now that child is ill and has become the client. I recently met with a daughter who had been battling cancer, and it had become apparent to her that she would lose the battle in the very near future.
Her mother was living independently at home, but the daughter had been assisting in her support for quite some time. She wanted to make sure that her mother’s special needs were taken care of, but that the money was not left outright to her mother for fear of financial abuse, creditors, predators and the high cost of a nursing home if that level of care became necessary.
It may be that the client has no children but has a beloved pet and they are concerned that no one will care for the pet after their death. We have had clients who have horses that they are very concerned about what will happen to them at the time of their deaths. We have seen clients run “no kill” shelters and they fear for what will happen when they are gone. Or it might just be Grandma’s dog or cat that no one will want when Grandma passes.
We have developed within our firm several trusts that are designed to care for those loved ones that our clients may be leaving behind and whom they see as vulnerable. Those clients understand that they cannot leave money to these individuals outright, since the beneficiaries cannot handle money well and would inevitably be taken advantage of and le( unprotected. “e trusts provide peace of mind for the trustmakers that their loved ones will be cared for and not exploited.
Too many families needlessly lose everything they have. Don’t let that be you. If you need help building a fortress around your estate to protect it from creditors, predators, and the cost of chronic disease, give our office a call at 800-310-3100. Your first consultation is absolutely free. We’ll let you know what steps you need to take, right now, to protect yourself and your family. Call now, because when you’re out of money, you’re out of options!
Rick L. Law, Attorney, Estate Planner for Retirees.
Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future. Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care. Appointments available in Chicago, Aurora, Oak Brook, Schaumburg, and Joliet. Call 800-310-3100 for your free consultation now!
“We would be lost without Law Elder Law! We walked in their doors over a year ago feeling lost and confused. With a father/father-in-law suffering from Alzheimer’s, we were overwhelmed by the Medicaid process, selling his home, protecting the assets he worked for his entire life, and finding him a memory-care facility that we could trust as his new home.
Law Elder Law helped with all of it! From the minute we walked out of our first meeting, we knew we (and he) were in good hands. We could not have possibly navigated all that had to be done without their expertise.”
A.M., Client of Law Hesselbaum and Law Elder Law