How to Pick the Right Power of Attorney, and More Practical Estate Planning Questions

In this episode, we tackle the most frequently asked questions older adults and their families have about long-term planning and estate planning. As a seasoned elder law and estate planning attorney, I share practical, approachable tips that can help you and your loved ones navigate these questions with confidence, protect your assets, and reduce family stress down the road.

What will happen if I need long-term care, and how will I pay for it?

• Look into long-term care insurance while you are still insurable.
• Understand Medicaid eligibility and the five-year lookback period.
• Consider setting up an irrevocable trust to protect assets in advance.

How can I make sure I don’t lose my house if I need nursing home care?

• Explore Medicaid Asset Protection Trust options while retaining your right to live in the home.
• Learn about homestead exemptions and Medicaid primary residence rules.
• Consider selling, downsizing, or using a life estate deed if appropriate.

How can I ensure someone I trust can make decisions if I become incapacitated?

• Execute a durable power of attorney for financial/legal matters.
• Set up a health care proxy or advance directive for health decisions.
• Discuss your wishes with your agents to prepare them for emergencies.

What is the best way to avoid probate for my family?

• Review and update all beneficiary designations.
• Consider using a revocable living trust for easier asset transfer.
• Use transfer-on-death deeds or payable-on-death accounts where possible.

How can I minimize taxes for my heirs?

• Use annual gifting strategies within IRS gift tax exclusions.
• Consider Roth IRA conversions to reduce taxable income to heirs.
• Explore trust planning for larger estates and state-specific tax strategies.

How can I protect a child or grandchild with a disability or special needs?

• Establish a third-party supplemental needs trust.
• Avoid direct gifts or inheritances that could affect benefits.
• Coordinate with other family members to align planning strategies.

What will happen to my pets if I become unable to care for them or after I pass away?

• Appoint a trusted person for temporary or permanent pet care.
• Include pet care instructions and funding in your documents.
• Set up a pet trust if you wish to ensure structured, funded care.

How do I choose the right person to act as my power of attorney or executor?

• Choose a trustworthy, organized individual who respects your wishes.
• Consider appointing a professional or co-agents for family conflict situations.
• Always name backups in case your first choice is unable to serve.

How can I prevent family conflict after I’m gone?

• Clearly communicate your wishes in writing (and in conversations).
• Use a neutral third-party executor or trustee if needed.
• Hold a family meeting while you are well to discuss intentions and heirlooms.

How often should I review and update my estate plan?

• After major life changes (marriage, divorce, births, deaths, moving).
• Every 3-5 years to ensure laws and wishes align.
• Keep a current checklist of assets to update beneficiaries regularly.

 Takeaway Action:

• Pick two questions from today’s episode that resonate most with your situation.
• Schedule a time to discuss them with your spouse, family, or your planning attorney this month.
• Remember, planning ahead is an act of love.

⁠Download my Practical Estate Planning Checklist⁠🔑 For help, visit https://www.NancyCogar.com

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Disclaimer: The information provided on this website and on the podcast is not intended to be considered as legal advice or constitute an attorney/client relationship as provided under the Tennessee Rules of Professional Conduct.