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When You Should Call an Elder Law Attorney during the Dying Process

Written by: Ben Neiburger

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Estate Planning

Posted almost 3 years ago. Applies to Illinois, 5 helpful votes, 0 comments

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Before the health crisis occurs

Before a crisis occurs, you should make sure that your parents, spouses, and loved ones have appropriate advance directives complete (such as powers of attorney and living will) so that loved ones will be able to direct financial institutions and medical professionals on care. In addition, if your loved one wants to reduce the costs of long term care, to make sure that their powers of attorney for property contain provisions that permit Medicaid planning if that is appropriate.

If you are caught in the middle of a health crisis

Many times you are not aware that you are in the middle of a crisis. However, you should call an elder law attorney if you see family members experiencing caregiver stress (sometimes the caregiver dies first), there are doubts on the mental competency of a loved one, there is a major catastrophic illness that occurs that requires hospitalization, admissions and discharges from nursing homes or assisted living facilities, or family fights for control of a loved one's health or finances.

After death

After death is another time to call an elder law attorney. Many arrangements need to be made after death including estate administration, avoiding Medicaid estate recovery, and tying up of all affairs.