008- Women and Care Giving: Caring for an Elderly Family Member

We have invited Laurie Hauptman from Hauptman & Hauptman, P.C. to help us understand when you need an elder care attorney so that when a crisis hits, you’ll be emotionally, psychologically, and financially prepared to cope with this very difficult time. Laurie A. Hauptman, Esq. (www.hauptmanlaw.com) is a graduate of SUNY Binghamton and Hofstra Law School. For 8 years she was a trial attorney at a personal injury law firm before joining forces with her husband Yale in establishing Hauptman & Hauptman, PC.  A law firm devoted exclusively to elder and disability law. Laurie is a frequent lecturer on elder law and special needs topics. “What does an elder lawyer do?” is a common question we are asked. The answer is that we put together a plan to help people pay for their future long term care expenses.  We are different than estate planning lawyers in that estate planning lawyers answer the question “What happens if I die?” Elder lawyers answer the question “What happens if I live?” The adult children of our seniors (both women and men) are often the driving force behind getting the necessary legal documents drafted and a long term care plan put into place; however women truly see the importance of getting answers and having a financial and legal plan started. Women are the hub of most families and know that if a plan is not implemented the physical care of taking care of a loved one could fall on them as they are called upon to become the caregivers. The process of creating a long term care plan begins with a phone call-generally from the daughter or daughter-in-law of the person needing help.  Empowering women to make that initial call and take that first step will make a difference in their loved one’s life. Before our client and their family members speak to us they are usually nervous, concerned and apprehensive, but they want to talk to someone. Afterwards we often hear that they are relieved and happy to know that a plan is going to be implemented. The important legal documents that a woman should have are a General Durable Power of Attorney, Health Care Power of Attorney/Living Will and Last Will and Testament.  In fact everyone over 18 should have these. Once your child turns 18 you are not legally permitted to make decisions. Further just because two people are married does not mean they are legally permitted to make decisions for each other. When should you see an elder lawyer: You are healthy and want to get your “ducks in a row” You are married and one spouse gets sick. One spouse can impoverish another spouse You have a special needs child. You will want to make sure your child is protected and can keep government benefits You are a veteran or there is a spouse that is in an assisted living or has large medical expenses and want to get a monthly pension When there is a second marriage with children from the first marriage You don’t have documents (POA, HCD) or you do have documents but they are older than 5 years People have to plan for the future.  Life expectancies are increasing and people’s retirement money needs to be stretched out longer.  The government programs such as Medicare and Medicaid are being strained.  Through long term care planning an elder law attorney can help people utilize government benefits, such as VA Aid and Attendance,  to help pay for their increasing long term care costs.