Elder Care Solutions

There are many stories, mostly true, of situations in which a needed document was not available, either because it had never been established or couldn’t be found.

There are other stories of documents presented that were simply not accepted. The practical result is the same as presenting no document. It usually surprises most people to learn that, except for a couple of states, California and Florida (both states popular with retirees), few or very slight penalties apply for any person or institution rejecting a presented form that appears completely valid. The reasons may be…too old, too fresh, not-on-our-company form, no confirming signature from the witness, and so on. Typically, there is no appetite for seeking legal recourse in such cases.

So, in addition to decisions made, documents executed, and location of the paperwork known, there is the issue of acceptability. Probably, your best defense will lie in having your documents prepared, executed, or at the least reviewed by a local attorney practicing in this field of law. Again, that fee will be slight compared to the disadvantages of no document.

In short, you are trying to accomplish the following in case of death or incapacity:

1. Someone you selected can access your financial information and do necessary business on your behalf;
2. Someone you selected will be actively involved in your care, being both fully authorized and informed;
3. This someone will have the power and knowledge to decide all matters as you would if you were able; and
4. All post-death matters will be handled as you had directed, including all receipts by beneficiaries.

It is important work, and almost everyone who undertakes it seriously manages to get it done, and mostly done right. Again, it should be undertaken and pressed forward until done to your satisfaction.