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1.
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Build a circle
of concerned friends, family and staff to participate in the planning
process. If possible, the elder or person with a disability should be the
center and the manager of the circle.
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2.
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Prepare a Plan
of Care that addresses the issues of housing, work, social, medical care,
religion, and burial. It should be comprehensive but flexible.
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3.
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Write a Letter
of Intent. This is the elder’s or disabled person’s opportunity to express
hopes and desires for their future in their own words. If they are unable to
do this, then prepare one based on how you intend to care for your loved one. Where you know the elder's or disabled person's wishes, follow their wishes. This will be your what you use, later, to measure the success of the Plan of Care.
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4.
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Decide on an
advocate and discuss your decision with that individual(s). You should also
designate a successor advocate at this time.) This person will carry
out the wishes expressed in the Letter of Intent.
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5.
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Determine the
realistic costs of the plan, taking into account housing, medical,
transportation and recreation costs, the cost of
hiring a private advocate.
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6.
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Determine the
financial resources that will be available, from government benefits to
investments, insurance, and real estate that will insure adequate funds for
the person’s expected lifetime. Seek the assistance of a qualified financial planner,
if necessary.
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7.
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Prepare
carefully worded Last Wills and Testaments. Use a lawyer who is well versed
in disability and Medicaid law.
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8.
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If you did not
create a Special Needs Trust in your Will, do so now if you intend to leave
anything in your estate for the care of the disabled person. Again, use
a layer who is well versed in disability and Medicaid law.
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9.
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Choose someone
who is qualified to manage the Trust.
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10.
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Place all
estate planning documents, including the Plan of Care, Letter of Intent,
legal documents, birth certificates, medical records, deeds, stock
certificates, insurance policies, etc. in one safe place. Distribute copies
of appropriate documents to those who will be directly involved in
implementing the plan.
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11.
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Bring the
circle together to review the total plan. Tell them where the estate planning
documents are stored.
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12.
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Review the
plan annually.
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What we have described here is, in part, a Life Care Plan. Our office understands how to help you through this process, as well as the relevant laws and regulations that will impact how you implement the Plan of Care. If you have questions about how to develop this type of strategy for your loved one, then you may want to consider speaking with us about Life Care Planning.
© 2004, Law Office of David L. McGuffey, LLC
This page last updated:
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