Categories: Estate Planning

Lack of Communication Can Cause Chaos for Caregivers

In November, National Family Caregivers Month, we celebrate the valuable role that family caregivers play. Recent data show that two out of every 5 adults are family caregivers. That means 39% of all adult Americans are caring for a loved one who is sick, disabled, or living with frailties of old age. For those whose condition will result in the loss of the ability to communicate, it is important that the person receiving the care express their wishes while still able to do so. Glen Campbell, the well-known singer-songwriter suffers from Alzheimer’s disease. A documentary entitled “I’ll Be Me” chronicles the challenges he and his loved ones faced as they traveled and performed on his farewell tour. Glen has a blended family with children from several marriages who want to be involved in the care of their father. Two of Glen Campbell’s eight children have legally challenged his current wife’s management of his illness and their access to Campbell. Communication should be more than a simple Power of Attorney. Campbell’s desires regarding his care were possibly not discussed resulting in a battle within the family. Some Estate Planning Attorneys are now including an individualized care plan that covers everything from the hobbies and books the care receiver enjoys to whether or not they would like to be taken to family events. These tools are important even if there are not various family members in disagreement of who should be in charge. These discussions should take place before a debilitating disease or condition prevents effective communication.
Dialogs may include:
• Who is in charge of finances or personal care
• Advance healthcare decisions
• Preferences regarding attending public or family events
• Preferences about home care, assisted living or skilled nursing care
• Funeral or last disposition arrangements
• Organ donation preferences
• Identifying trusted advisors such as doctors, accountants, financial advisors and attorneys
While it is good to talk about these issues, it is vital to create legally binding documents designed to carry out your wishes. These documents may include Powers of Attorney, Living Wills, Trusts and Final Disposition instructions completed with the assistance of an attorney who specializes in this area of the law.
During National Caregiver Month we honor those many Americans who carry out this important role. Those that provide support to family members are encouraged to seek out community resources such as workshops, support groups and knowledgeable legal advice as they navigate the complex terrain of care-giving. As we enter this holiday season many families will gather around the table to draw close and give thanks; discussions about how to care for a loved one and prepare for future needs should be included in the dialog.

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