by April Harris Jackson | Mar 7, 2024 | Estate Plan, Family, Grief, Heirs and Beneficiaries, Tennessee Resources
In some families, every gathering is another opportunity for disputes, whether you’re meeting up after a death in the family or a holiday. Maybe you just have a uncle who thinks he’s entitled to everything after your mom passes.
No matter what the issue is, let’s see if we can keep the peace among family (and non-family) during the estate planning process! Put the boxing gloves down and keep reading.
Begin with the End in Mind
Start with the goal of clear skies and peaceful resolutions. Visualizing a successful meeting where everyone leaves with a handshake can set a positive tone.
Remember, it’s not just about dividing assets; it’s about honoring relationships and the legacy of the will maker.
Timing is Everything
Just like planting your tomatoes after the last frost, timing in estate discussions is key.
Choose a moment when stress levels are lower, perhaps after a family dinner. (Maybe skip the moonshine to keep heads clear – but good luck keeping the uncle away from it!)
By allowing everyone to digest both the meal and the information, you’ll be setting the stage for a fruitful conversation.
Bring in a Neutral Party
Sometimes, it helps to have someone who isn’t Uncle Bob facilitating the discussion. An attorney experienced with family dynamics can guide the conversation without the risk of playing favorites.
Listen Like You Mean It
Active listening is like making biscuits from scratch — it takes patience and practice. Nodding along and providing a safe space for each family member to share their thoughts allows for open communication and reduces misunderstandings.
(This doesn’t mean not to speak up – just follow the golden rule and listen before you state your feelings on the matter.)
Embrace the Emotional
Acknowledge that emotions will be as present as fireflies on a humid Tennessee night. It’s natural for folks to feel a whirlwind of sentiments when it comes to inheritance. The key is to address these feelings with empathy and respect. “No apologies” is not a great way to live your life!
Document, Document, Document
Such important conversations deserve more than a handshake and a “y’all remember this now.”
Having the decisions made in these talks put down on paper by an attorney ensures that everyone’s memory stays as sharp as the details in a log cabin quilt.
Education is Your Best Friend
Familiarize yourself with estate planning essentials by visiting reputable sources like this one on estate planning. Understanding the basics can help you steer the conversation and clarify common misconceptions.
Keep It Light
While discussing the future can be as daunting as facing a bluff on the Cumberland Plateau, a touch of humor can ease the tension.
After all, we’re aiming for a family gathering, not a courtroom battle.
Graceful Aging Legal Services: A Neutral Third Party
Remember, estate discussions don’t have to be as much fun as a thunderstorm at a picnic. With these strategies, you can transform family estate planning into a process as peaceful as a Tennessee sunrise.
Consider us as your companions on this journey, offering a range of services to ensure that your family discussions avoid trouble as much as possible.
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by April Harris Jackson | Feb 29, 2024 | Estate Plan, Healthcare, Heirs and Beneficiaries, Last Will and Testament, Money
As far as we know, we only live once – and we never know when it’s going to end. It’s important to plan so you can prepare.
You can start 2024 off strong by getting your affairs in order.
1. Create an Estate Plan
First, decide whether you want a will, a trust, or both. Some people opt for a will and a living trust, but it’s up to you what you choose. If you want an attorney to talk over your options, we’d be happy to do that!
You can also decide whether you want a durable power of attorney for finances (in case you’re not able to make financial decisions).
2. Plan for Your Healthcare
You can also consider whether you want to create an advance directive for your care. Most advance directives have a living will and durable power of attorney for healthcare.
The living will tells doctors what kind of care you wish to accept or reject when it comes to emergency treatment, and durable power of attorney lists the person you trust for your care should you become unable to communicate.
3. Organize Your Important Documents
Once you’ve prepared all of your important papers, organize them and put them all in one place.
Here are some examples of papers that you should keep together.
Personal info is needed for identification purposes and is best kept together so your family can be prepared when they need it.
- Social security number
- Date and place of birth
- Names and addresses of spouse and children
- Location of important legal certificates (birth/death, marriage/divorce, citizenship, adoption)
- Employers and dates of employment
- Education and military records
- Names and phone numbers of religious contacts
- Group memberships, awards
- Names and numbers of close friends, relatives, doctors, lawyers, advisors
Emergencies happen – and when you’re not prepared, your family has to scramble to find what your medications are, etc. Keep them all in the same place and be sure that your loved ones know where to look.
- List of any ongoing conditions and treating doctors’ names
- Current prescriptions (keep this list up-to-date)
- Durable power of attorney for healthcare
- Advance directive
- Health insurance info, policy and phone number
Your finances will help family members better understand what financial resources they can draw from to help you with your care, should you need it.
- Sources of income/assets
- Social security benefits information
- Insurance info (car, home, life, long-term care) with policies and phone numbers
- Bank and account information
- Investment income
- Copy of the most recent income tax return
- Location of most up-to-date will with original signatures
- Liabilities, including what’s owned and when payment is due
- Mortgages/debts, how and when they’re paid
- Original deed of trust for home
- Car title and registration
- Credit and debit card numbers and names
- Safe deposit box and key number
If you’re looking for a place to keep all of these, let us know. We’re happy to offer LawSafe memberships for a reasonable rate to help keep track of all the not-so-little things that your loved ones may need if there is an emergency or end-of-life event.
4. Talk with Your Loved Ones
Once you have everything in one place, tell your loved one where to find your information. Be sure to also tell your loved ones about your plans – you don’t want your family to find out after the fact that you’ve selected someone they don’t know as your Personal Representative!
You can also let your doctor know about advance care plans, and, if applicable, give your doctor permission to discuss your care with your family.
5. Review Plans Regularly and Update
Once you’ve done all the hard work (it takes time getting all that paperwork together), be sure to review your plans annually. If you’ve had a major change happen, you should consider revisiting your plans as well, to make any necessary updates.
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It takes time to get your affairs in order, but it is such a relief to your loved ones when they don’t have to worry about what your wishes are. In fact, this could be your masterpiece! If you’d like to get updates like this one on a regular basis, sign up for our newsletter!
by April Harris Jackson | Feb 22, 2024 | Elder Law, Estate Plan, Family, Heirs and Beneficiaries, Last Will and Testament, Money, Probate, Trusts
When you aren’t clear about your wishes, you leave a blank space for your loved ones to try to fill in. This can be incredibly stressful to them – even if you’ve expressed your wishes to them but didn’t write them down – so it’s important to know your wishes ahead of time. Learn what could happen to you if you don’t make your wishes known.
What Happens if You Become Incapacitated in Tennessee?
If you become incapacitated in Tennessee (a temporary coma, for instance,) and have no medical power of attorney set, your loved ones may have to go to court and then a judge will decide who can make medical decisions for you if you’re unable to communicate your wishes.
Trying to determine your wishes after you can no longer express them can be an extremely stressful time for your family, which is why it’s so important to communicate your wishes ahead of time, just in case anything happens to you.
What Happens if You Die without a Will or Trust in Tennessee?
If you die without a will, that is called “intestate.” This means that whatever inheritance you leave behind, including your property, is subject to Tennessee intestate succession laws. Intestate laws typically leave your property to your surviving spouse and/or children, but parents, siblings, nieces, and nephews could become eligible too.
Here’s a quick breakdown of what would happen in Tennessee if you are married or have children:
- If you have a spouse but no children, the spouse would inherit your entire estate, even if you’re separated.
- If you have a spouse and children, the estate would be divided equally among all parties (except that the spouse can receive no less than 33% of the overall estate).
- If you only have children, your estate would be split equally among all the children.
Keep in mind that only your biological and adopted children will inherit from you if you do not have a will. If you would like to leave part of your estate to step-children, foster children, godchildren, or other children who are close to your heart, you’ll want to make plans for that in your will or through non-probate beneficiary designations.
Here’s what would happen if you died unmarried and without children:
- If you have a parent, the entire estate would go to your parent(s).
- If you have sibling(s) but no living parents, the estate will be split equally among your siblings.
- If you have no parents or siblings, the estate will be split equally among your siblings’ children.
- If you’ve none of the above, the estate would be split equally among paternal and maternal aunts and uncles.
You don’t have to die to see how this one might end if you don’t write your decisions out!
Who Makes Funeral Decisions if You Die in Tennessee?
Similar to the above, if no one has been legally designated to make funeral decisions on their loved one’s behalf, it falls to the next-of-kin, which would be the spouse or adult children. Once the family member takes responsibility for making and paying for their loved one’s funeral arrangements, they sign a legal contract that obligates the funeral home to follow instructions from that family member alone.
Make sure you tell your family what you want so there’s a consensus during a difficult time..
What if there are no next of kin?
If there are no next of kin (as defined above) and no personal representative, any other person willing to assume responsibility and arrange the funeral (including the funeral director) can make funeral decisions, after attesting that a good faith effort has been made. As for your estate, if no family can be found it will ultimately be turned over to unclaimed property.
Learn More from Graceful Aging Legal Services
Don’t leave a blank space for your family members to fill in regarding your end of life wishes. Don’t keep them second-guessing. Instead, leave something that people can read like a magazine to know what you want your life – and death – to be like.
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by April Harris Jackson | Feb 16, 2024 | Family, Heirs and Beneficiaries, Marriage
Getting married is an exciting time: a celebration of love and commitment, and the beginning of a new chapter together. Along with the joy and happiness, it’s important to consider the practical aspects.
One is the prenuptial agreement, often referred to as a “prenup.” While prenuptial agreements may not be the most romantic topic to discuss, they can play a vital role in safeguarding your future together and preparing for the difficulties of marriage before you say “I do.”
Do you remember the viral Reddit post of the man who was upset when his partner wanted to share the expenses of having a child? While that couple wasn’t legally married, this is the perfect example of how to negotiate a prenup. An experienced attorney will guide you through lots of questions when discussing your options for a prenup. Think of them as ways to get closer to your future spouse, rather than preparing for a break up.
Regardless of what personal matters you may want to address within your prenuptial document, here are the primary reasons you should consider getting one.
1. Financial Security
One benefit of a prenuptial agreement is the financial security it provides. A prenup allows couples to have open, honest conversations about their financial expectations and obligations.
In outlining each person’s assets, debts, and financial contributions, both parties can feel secure knowing their rights and financial interests are protected. This helps minimize conflicts and misunderstandings during the marriage. Some points to consider about prenuptial agreements include:
- Protection of pre-marital assets: It can ensure that property or assets acquired by either party before marriage remain in their possession after a divorce.
- Clarification of financial responsibilities: Clearly stating each party’s financial obligations during the marriage can minimize potential disputes about finances.
- Division of marital property: A prenup can provide guidelines for the division of marital assets in case of divorce, reducing time spent on legal battles. Consider that you intend to continue making contributions to your 401k after you wed. That account will likely become a marital asset and your spouse will become entitled to part of it, even if they didn’t personally put any money in. However, your intended spouse can waive your rights to the account as part of the discussion and signing of a prenuptial agreement.
2. Protecting Family Interests
Another benefit of a prenuptial agreement is the ability to protect family members’ interests, particularly children from previous relationships. Addressing the distribution of assets and financial responsibilities in the event of a divorce or death can ensure that children from previous relationships are provided for.
Some thoughts about protecting family interests through a prenuptial agreement:
- Protection of inheritance rights: This can outline the distribution of assets and inheritance rights so the intended beneficiaries receive their rightful share.
- Financial protection for minor children: When partners have children from other relationships, a prenup can offer financial security for well-being and education.
- Stress-free estate planning: Outlining property rights and distribution can simplify the estate planning process and minimize potential family conflicts. If your family or friends have ever started to use the phrase “gold digger” about your new beloved, a prenup is a clear way to make it clear what you want for everyone in your life.
3. Preserving Business Assets
For business owners, a prenuptial agreement can protect entrepreneurial efforts and keep business operations running smoothly. It can also help shield business assets from division during a divorce.
Considerations for business owners when it comes to prenuptial agreements:
- Protection of business interests: Establish that the business, including its assets and future growth, is considered separate property.
- Succession planning: With succession planning, a prenuptial agreement can ensure the smooth transition of the business in case of death or divorce.
- Financial stability for the business: Outlining the financial responsibilities and obligations of each partner can maintain financial stability and growth.
Prenuptial agreements are not just for the wealthy or those anticipating divorce. They are valuable legal tools for couples looking to protect their individual rights and interests. By addressing important financial and family matters upfront, prenups can build a strong foundation of trust, transparency, and shared goals.
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Talking about prenuptial agreements may feel uncomfortable or unromantic, but they offer benefits for couples preparing to tie the knot. Whether it’s about financial security, protecting family interests, or preserving business assets, a prenup can lay the groundwork for a successful and harmonious marriage.
If you’re considering a prenuptial agreement, get in touch with an experienced attorney who can guide you through the process. At Graceful Aging Legal Services, we understand the significance of protecting your future together. We’re well-versed in helping couples create prenuptial agreements that meet their unique needs.
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by Jennifer Wallace | Feb 2, 2024 | Health and Aging, Special Needs
So you’re getting older.
Don’t worry; it happens to all of us – or at least that’s the goal! But aging doesn’t mean that you have to limit your independence or immediately check into a nursing home. It just means that you need to make a few adjustments to ensure that your home remains comfortable and safe.
Today we will go over ten simple changes that can help you avoid a Steve Urkel move and make your home an age-friendly environment.
Why Aging in Place is Important
Aging in place refers to the ability to live in your own home safely and independently, regardless of your age or ability level. It allows you to maintain your familiar surroundings and go about your everyday routines with just a few helpful changes to your home. Aging in place enables seniors to maintain their autonomy and dignity while also reducing the financial burden associated with moving to assisted living facilities.
Before You Start: Assess Your Accessibility
The first step in creating an age-friendly home should come before you ever need one. Before you need a home that’s accessible to older individuals, identify potential hazards. This includes assessing the layout, identifying tripping hazards, and evaluating essential areas such as the bathroom, kitchen, bedrooms, and living room.
Your modifications will depend on your individual requirements. Consider your mobility, vision, hearing, and other specific needs. By understanding your needs, you can tailor your modifications to best suit your requirements for a safer living environment.
For example, if you notice you’re having trouble hearing the TV, you should consider investing in a door light. That way, if someone rings the doorbell, you won’t have to rely on hearing alone.
Ten Simple Changes You Can Make
1) Make the Bathroom a No-Slip Zone
The bathroom is a high-risk area for slips and falls. Installing grab bars near the toilet, shower, and bathtub can greatly enhance safety. Additionally, consider adding a shower bench or chair and a handheld showerhead for added convenience.
2) Keep Everything in Your Kitchen Within Reach
In the kitchen, ensure that commonly used items are within easy reach. Consider installing lower countertops and adjustable cabinets. Adding non-slip flooring and bright lighting can also make a significant difference in accessibility. Strong magnetic bars can keep knives in reach (just be sure the magnets are super strong so the knives don’t fall off the wall)!
3) Don’t Fall Out of Bed
In the bedroom, make sure the bed is at an appropriate height for easy entry and exit. Install handrails or use bedside grab bars to assist with mobility, or put a mobility device like a rollator next to your bed to help you get in and out of it. Adequate lighting near the bed and a clear pathway to the bathroom can also make a big difference for nighttime trips.
4) Clear a Walking Space in the Living Room
In the living room, arrange furniture to create clear pathways and remove any clutter that may pose a tripping hazard. Consider using sturdy, comfortable chairs with armrests to assist with standing and sitting. Adequate lighting and easy-to-reach light switches can also guarantee that you see any tripping hazards before they happen.
5) Install Grab Bars and Handrails in High-Traffic Areas
Installing grab bars and handrails throughout the home can greatly improve mobility and stability. Place them in key areas such as staircases, hallways, and entryways. Opt for sturdy, non-slip options that can support your weight.
6) Make Sure the Flooring is Non-Slip
Selecting the right flooring can significantly impact mobility. Non-slip flooring options include vinyl, cork, and rubber. Remove any loose rugs or carpets that may pose a tripping hazard, and ensure flooring transitions are smooth and level. Using cord covers near the wall (out of the walkway) will help prevent tripping over electronic cords.
7) Widen Doorways and Hallways
Widening doorways and hallways can improve accessibility for individuals with mobility aids such as walkers or wheelchairs. You may need to consult a professional contractor to assess the feasibility of making these modifications in your home.
8) Clear Up Your Entrances
Ensure that outdoor pathways and entrances are clear of obstacles. Repair any cracks, potholes, or uneven surfaces that may pose a tripping hazard. Install handrails or ramps as needed to facilitate easy entry and exit.
Reminder: this is something you should be doing if you have one fall (or even before that). Don’t wait until you’ve had several falls to implement these tips!
9) Light Up the Room
Good outdoor lighting is essential for safety. Install motion-sensor lights near entrances and along pathways to ensure visibility at night. Consider adding solar-powered lights for energy efficiency.
10) Explore Smart Home Support
Smart home technology can greatly enhance accessibility and convenience. Consider installing voice-activated devices, smart thermostats, and automated lighting systems that can be controlled remotely.
Bonus: Medical Alert Systems/Cell Phones
Medical alert systems typically consist of a wearable panic button that can be easily activated in case of emergencies. When the button is pressed, it sends a distress signal to a monitoring center, where trained professionals can assess the situation and dispatch help if needed.
Just by adding a simple necklace or wristband to your daily outfit, you and your loved ones can enjoy the peace of mind that comes from knowing help is just a button press away.
Another option is cell phones. If you have a loved one with mobility issues, a simple daily check-in can add to your peace of mind. (Pro tip: you can totally check-in without “checking in” – it doesn’t have to be super serious. Sending fun GIFs and saying, “I thought you’d like this!” is a great way to ensure someone’s OK without sounding like a worrywart.)
When in Doubt, Ask a Professional
Occupational therapists specialize in assessing individuals’ abilities and recommending appropriate modifications to promote independence. Consulting with an occupational therapist can provide valuable insights and personalized recommendations for what your home needs.
For more extensive modifications, such as widening doorways or installing ramps, we recommend consulting with professional contractors. Contractors who are licensed and experienced in accessible home modifications can provide valuable insight and knowledge about what works.
Financing Home Modifications
Of course, modifying your home isn’t always cheap. Review your insurance coverage to determine if any modifications may be covered, and contact your insurance provider for more information. Some insurance policies may include provisions for home modifications that improve accessibility.
There are also various grants and financial assistance programs available to help individuals fund home modifications. Research local and national resources to find potential sources of financial aid. Non-profit organizations (like Rebuilding Together Nashville) and government agencies may also offer grants or low-interest loans. (Want more info? Check out this link from Rebuilding Together!)
Embrace Aging in Place to Enjoy Your Golden Years
As we age, it is important to adapt our lifestyle to align with the changing needs of our bodies. This doesn’t mean that your lifestyle will become limited – it just means that it might look slightly different. Just think: the only thing that stands between you and successful aging in place is a bit of redecorating.
As you prepare to age in your home, you may also want to make sure you have a plan in place for your estate. Graceful Aging Legal Services is here to help you with estate planning, probate, and conservatorships. We can help you put your paperwork together and figure out what you need to truly embrace your aging in place. Contact us today to see what we can do for you!
by April Harris Jackson | Jan 25, 2024 | Elder Law, Estate Plan, Grief, Last Will and Testament, Probate, Tennessee Resources
Probate laws in Tennessee play an important role in the orderly distribution of a person’s assets after they die and help to settle their affairs. The probate process typically begins when you hire an attorney who will file a petition on your behalf in the appropriate probate court, initiating the legal proceedings.
The court then appoints a Personal Representative (aka the executor) to oversee the estate, and their primary responsibility is to manage the assets and debts of the deceased loved one. Notification of heirs and beneficiaries is a critical step to ensure all interested parties are aware of the probate proceedings.
If you are nominated or appointed as a Personal Representative, there are several things you’ll want to keep in mind to ensure a seamless probate process.
Probate Court Jurisdiction and Venue
In Tennessee, your attorney will file for probate in the county where your loved one lived at the time of their death. This is wherever they consider to be their permanent home.
Across Tennessee, your probate case may be heard in a different type of court than a friend’s in another county. For example, in Davidson County the Circuit Court hears probate cases while in Rutherford County they are handled in General Sessions Court. Many counties process probate petitions through their Chancery Court. An experienced probate attorney will be able to tell you the procedure in the county where you live.
Tennessee Intestacy Laws
Intestacy laws in Tennessee come into play when there is no valid will. These laws dictate the distribution of assets when a person passes away without explicit instructions, outlining the order of inheritance among surviving family members.
Myth-busting: Many people are concerned that if they do not have a will, the government will take their belongings instead of their family. While there are certain exceptions where the government can claim funds that are owed to them, your closest family members will inherit if you do not have a will.
Validity and Execution of Wills
Tennessee recognizes several types of wills, from handwritten wills to the ones you think of that are typed up and signed in a lawyer’s office in front of a notary. Each type of will has different requirements in order to be “admitted to probate.” This just means that the court needs to make sure that the will is authentic before it is acted on.
The law is specific about how that authentication can happen. Probate laws delineate the requirements for a valid will and the various types of wills recognized in the state. Ensuring compliance with these stipulations is imperative for a seamless probate process.
Probate Inventory and Appraisal
Part of the probate process involves creating an inventory of the deceased’s assets and how much those assets are worth. This allows the heirs and beneficiaries to know what to expect in terms of inheritance and for the court to require insurance to protect those funds if needed.
Many people are concerned about their privacy if the inventory is made a part of the public record, but informal inventories are often used instead of filing as part of the public record. This can be written into your will or agreed to by your family after your death.
Creditor Claims and Debts
To handle creditor claims and debts, personal representatives must notify creditors and prioritize the settlement of outstanding debts so ensure that the distribution of assets is fair and equitable.
One primary responsibility of the personal representative is to pay any valid claims of the estate. Your attorney will assist you in notifying creditors, both by mail and in the newspaper, so that they can come forward and file claims if there is money owed. Your attorney will guide you through the process of evaluating whether those claims are valid and paying them (if appropriate).
Estate Administration and Accounting
Once all assets have been gathered and all creditors have been paid, it’s time to distribute the funds. An accounting, whether formal or informal, will assist the personal representative in getting the numbers right. Depending on family dynamics and the requirements of the will, the accounting may or may not need to be filed with the Court’s Clerk.
While the term “accounting” sounds scary, all it means is that you are keeping track of what funds come into and out of the estate. Your attorney will assist you in preparing the accounting if one is required by the court.
Will Contests and Disputes
Probate laws in Tennessee address the possibility of will contests and disputes, outlining the grounds for contesting a will and the specific procedures involved in resolving such disputes.
(Want to disinherit someone? As our team says, “No one is entitled to an inheritance.”)
Probate Taxation in Tennessee
Probate taxation is an overview of estate taxes, potential tax liabilities, and exemptions are governed by Tennessee probate laws. Understanding and following the laws around taxation ensures proper estate planning and compliance.
Although Tennessee no longer has an inheritance or estate tax, taxes are still an important process of probate and estate planning. As part of the probate process, the personal representative will be responsible for filing the deceased person’s final income tax return, as well as any federal estate taxes. There may also be state tax returns due based on what types of assets the decedent had.
Your attorney and accountant will assist you with maintaining the deadlines and knowing what these requirements are.
Closing the Probate Estate
In the final phase of the probate process, assets are distributed to heirs and beneficiaries, and the personal representative or administrator is officially dismissed of their duties. Take some time to celebrate – you’ve made it!
Common Issues and Pitfalls
The probate process takes a lot of time and effort (and maybe three hundred takeout coffees). The costs include court filing fees, attorney fees and possibly personal representative fees, which adds up. It’s important to have an attorney who knows the laws and the best way to complete the process efficiently so as much money goes to the people that your loved one wanted to have it.
Most people want to know how long the process will take or have heard horror stories out of other states (looking at you, Florida!).
In Tennessee, it can take as little as six months, depending on when your person died, how fast the court moves, the assets involved, family dynamics, and other variables. In most cases, it takes at least a year, and often more. If everyone gets along, it’s not such a bad process, and the attorney will handle much of it for you.
We also encourage the use of an after-loss professional like Sunny Care Services who can take some of the most frustrating tasks off your plate.
If you’ve become the Personal Representative for your loved one’s estate and want to prevent a lengthy probate process, it’s a good idea to start planning now. Talk with an attorney who has experience with probate and estate planning. (Psst – that’s us!)
Recent Developments in Tennessee Probate Laws
Probate laws are subject to change, and recent developments, including legislative updates and notable court decisions, can impact the probate landscape. Staying informed about these changes will help you navigate the probate process instead of asking, “Is it over now?” when you’re only halfway through.
Fortunately, Graceful Aging Legal Services can help you stay informed on such topics with our newsletter. Sign up today!
by Jennifer Wallace | Jan 19, 2024 | Care and Savings Assessment, Family, Health and Aging, Money, Tennessee Resources
When the chorus of life changes its tune and the caregiving role falls to your feet, you may be tempted to take a page from a pop anthem and think you can take care of your loved one on your own.
Before you tell your loved one, “You belong with me,” you need to put your oxygen mask. Long-term care isn’t just about playing hero; it’s about strategic moves, open conversations, and sometimes tough choices to keep the rhythm going strong.
Organization: A Beautiful Arrangement
Without the arrangement, the symphony is just noise. Without organization as a caregiver, you run the risk of much more than musical chaos: you risk harming your loved one.
Here are some ways to keep the composition arranged perfectly:
- Make a calendar of appointments, etc. to add a lilt to your daily activities.
- Know who else is playing – create a contact list of those instrumental in care.
- Keep a list of medications in order to keep the mood right.
- Make a list of caregiving tasks and service providers in case you need backup.
- Consider centralized communications so you don’t have to sing on repeat.
Strumming the Strings of Self-Care
The spotlight’s charm fades when your spirits are lower than the lowest note you can sing. Being the primary caregiver is a test of endurance, a commitment that needs more than just a peppy melody.
Self-care is the unsung verse in this song, and nothing to scoff at:
- Regular health check-ups will keep you humming at your best.
- Little breaks (or respite time) are instrumental in keeping your pace steady.
- Support groups hit the right chord and provide backup to your solo performance.
Remember, if you’re out of tune, the duet with the person you’re caring for suffers. For a symphony of support for caregivers, a visit to The Administration for Community Living would be helpful.
Chorus of Conversations in the Family Band
The band won’t play together well unless each member knows the score. Discussing care strategies for your loved one can induce discord, but it’s a necessity. Here’s how to keep from going off-key:
- Hold a family meeting to riff on everyone’s thoughts and responsibilities.
- Encourage open dialogue—you all belong in this family ensemble.
- Chart everyone’s care duties to avert a chorus of complaints later.
Is it time to orchestrate a family meeting? These AgeWell resources may help!
The Bridge to Assisted Living
You may be singing a sweet serenade, believing whole-heartedly that home is the only concert hall for your loved one. But sometimes, an encore in another venue—like an assisted living facility—might be the most logical option.
Here’s what to consider:
- Assess your loved one’s needs—can you help them meet their everyday needs?
- What are you willing to give up to become a caregiver? Will you retire or quit?
- Take time for personal reflection—are you feeling overwhelmed?
- How will caregiving impact your own savings/retirement plan?
- Are you married, and is your spouse/family supportive of your choice?
- Explore alternatives that can offer better care than you might solo.
Another note: are there ways you can still provide care while maintaining your current lifestyle (paid caregivers, nonprofit or faith community volunteers, adult day services, etc.)?
When the melody gets complex, check out our article on the pros and cons of assisted living facilities or ask those you trust about the experiences they’ve had with assisted living facilities.
Finale: Legally Tuning Your Care Strategies
There’s an encore element that demands attention: legal preparedness.
Having a plan in advance is like sheet music for the future, keeping everyone on the same page. Work with a legal service like Graceful Aging Legal Services, PLLC, that conducts these arrangements with expertise, so you can ensure the final movements of your caregiving symphony are in harmony with smart decisions for your future.
Securing the long-term care and future of a loved one is no solo act. It’s an orchestra of thoughtful planning, tied with legal strings that resonate within the court of life. So, tune your instruments, take a deep breath, and let the music play in confidence knowing you’re not in this alone. Contact us for help when you’re ready!
by Jennifer Wallace | Jan 8, 2024 | Health and Aging, Medicaid, Medicare, Special Needs, TennCare, Tennessee Resources
Aging in place is the ability to live in your own home and community independently, regardless of age or ability. It allows you to remain in familiar surroundings while maintaining a sense of autonomy. Planning ahead for aging in place is crucial to ensure a smooth transition and a comfortable future.
By getting informed about aging in place, you can make good decisions that will positively impact your quality of life as you grow older.
Benefits of Moving Early
One of the main benefits of moving early is increased housing options. By planning ahead, you can explore different housing choices that cater to your needs and preferences.
Enhanced quality of life is another advantage. If you start early, you can create a supportive and comfortable living environment that promotes your overall well-being while reducing stress. When you plan and prepare, you can avoid the rush and uncertainty of emergency moves.
Improved safety is important, too. Adapting the living space to accommodate changing needs can prevent accidents and injuries, meaning you’ll be healthier and happier.
Assessing Your Needs
When planning to age in place, it is important to assess and address specific needs. Here are some things you can do:
- Make simple home modifications like grab bars and clear plenty of space to walk or move with mobility aids.
- Invest in medical equipment or technology like stairlifts, home monitoring systems, etc., for added peace of mind.
- Check into community support services, like meal delivery programs and in-home care providers, to stay socially engaged.
- Secure accessible transportation so you can get where you need to go, even if your situation changes.
Our area has awesome resources for those who want to stay independent without personal vehicles. Check out WeGo, Senior Ride Nashville, or Wilson County Rides in addition to rideshare programs. If you need transportation to a medical appointment and have a Medicare Advantage plan, you may have transportation benefits!
Exploring Housing Options
Independent living communities provide a range of housing options that cater to those who want an active and social lifestyle. These communities usually offer amenities and services designed to enhance well-being and promote socialization.
Assisted living facilities are suitable for individuals who require some assistance with daily activities. Trained professionals are available to provide support while still allowing residents to maintain their independence.
Nursing homes provide comprehensive 24/7 care for individuals with complex medical needs. These facilities offer skilled nursing services and rehabilitation programs.
Our personal favorites, though, are continuing-care retirement communities. They provide a continuum of care, helping people transition seamlessly between independent living, assisted living, and nursing care as their needs change. While you may never need anything more than independent living, it’s comforting to know that you won’t have to plan another big move or relocate further from friends and family.
Financial Planning
Most people ages 65 and up are eligible for Social Security retirement benefits. Additional government assistance programs, such as Supplemental Security Income (SSI) and Veterans Affairs (VA) benefits, may be available to eligible older adults. Exploring these options can provide extra financial support.
Consistently saving for retirement ensures you’ll have the necessary funds to support your desired lifestyle. Retirement savings, such as 401(k)s and IRAs, can help you live comfortably in retirement. If you are fortunate enough to have a pension, it will be a great resource to help your quality of life in your golden years.
For these types of accounts, you’ll want to make sure that you name a beneficiary with your financial institution. If you have a pension, you will need to designate whether you want your spouse to continue receiving income in the event that you predecease them.
Medicare and Medicaid are government programs that provide healthcare coverage for seniors. Understanding the eligibility criteria, available benefits, and how (or whether) they can be combined with other plans is essential for effective financial planning.
Your Medicare coverage may assist with certain improvements to your home and home health care under limited conditions. Medicaid (also called TennCare) is frequently used by individuals in nursing homes to supplement their income to pay for care.
Long-term care insurance can help cover the costs of assisted living, nursing homes, and in-home care. It provides financial security and peace of mind for individuals planning their futures and provides more robust and flexible solutions than relying on Medicare or Medicaid alone.
Long-term care insurance can be expensive, but there are newer options to make it a better value overall, such as hybrid policies that provide a death benefit and deduct the amount spent on long-term care needs. Your insurance agent is a great resource to talk through these options.
Building a Support Network
Family and friends play a vital role in supporting those who wish to age in place. Reliable support systems can provide emotional support and practical assistance, ensuring that loneliness is never an issue.
Community organizations like FiftyForward and other local non-profits offer various activities and services to help seniors stay connected. Support groups for older adults can offer a space to share experiences, find understanding, and receive advice from others facing similar challenges. These groups foster a sense of community and provide emotional support.
Professional caregivers can provide specialized assistance and care for individuals who require additional support. Hiring trained professionals can ensure individuals receive the help they need while remaining in their own homes.
Maintaining Independence
Physical exercise and wellness are essential for maintaining independence and overall well-being. Engaging in regular exercise like walking or fitness classes can improve strength, balance, and flexibility.
Mental stimulation and cognitive health are also important. Doing puzzles, reading, and socializing can help keep your mind sharp and promote cognitive function. A little daily Wordle competition is a favorite in April’s house.
Nutrition will help you maintain good health. A balanced diet of fruits, vegetables, and whole grains can support overall well-being and energy levels.
Keep appointments with doctors and specialists to manage existing health conditions and address new concerns. Regular check-ups, screenings, and preventive care can help individuals stay healthy and catch any potential issues early.
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Taking these steps will help increase your chances of having a comfortable and fulfilling future.
Remember, it’s never too early to start thinking and planning for your golden years.
By the way, there’s a FiftyForward event coming up on 1/16 to discuss housing. We’ll be there – will you?
by Jennifer Wallace | Jan 2, 2024 | Care and Savings Assessment, Family, Health and Aging, Money, Special Needs
Caregiving is an important responsibility. It involves providing essential services to another person (often a senior), helping empower them to live their best life even as they age.
Understanding the Caregiver Role
Caregivers must understand the tasks and responsibilities they may be taking on, and think carefully about what boundaries they’d like to set in advance. Doing this is a crucial part of performing the job well and ensuring each person receiving care gets the help they need.
Caregiving works best when it’s a community effort. There’s a lot of joy in caregiving (which is something not everyone expects when they go into it). You may think of caregiving as “This is how I’m helping someone else,” but you’re actually helping your future self as well. Caregiving provides an opportunity to think about your goals and be more proactive about aging than you would have been if you weren’t a caregiver.
It takes a village to be a caregiver – so don’t forget to lean on the support of others during this time. (More about that later!)
Some typical roles of a caregiver include tasks such as:
- Assisting with activities of daily living
- Coordinating medical appointments
- Providing emotional support
- Managing medications
- Handling bill payments
- Meal planning and preparation
- Resolving insurance benefits issues
- Providing assistance with technical issues
- Planning or providing transportation for loved ones
As a caregiver, it’s important to remember that the role can sometimes present physical and emotional challenges. Working to meet this head-on and find solutions is an important part of advocating for the individual you care for and yourself. Don’t forget to laugh where you can – it’s a great way to cope with the emotional and physical strain, build rapport, and enjoy this season!
Planning to Help Them Age in Place
Aging in place refers to the ability of an individual to live in their home and community safely and independently. Caregiving can help facilitate this process, enabling seniors to keep their homes rather than move into an assisted living facility.
(Aging in place isn’t the only option, however; some older individuals prefer to downscale or move into an assisted living facility for more companionship. Make the choice that works best for you and your family.)
Proactive caregiving should always provide a supportive environment for daily living activities. Evaluate the home for potential hazards and make necessary modifications and adaptations.
Some helpful and simple changes that can significantly increase safety include:
- Everything they need, on one level. Although most people opt for single-story homes, it is possible to have a multi-story home and still embrace this principle. For example, April has everything she needs on the ground floor of her home except her washer and dryer. But she plans to hire someone to do her laundry once she can’t make it up and down the stairs safely!
- Installing grab bars and ramps. All of us lose our balance sometimes, but as we age, it can become more common. Having something to provide stability within the home is important.
- Using non-slip flooring and removing throw rugs. What is the point of throw rugs, anyway? Over time, they all curl up and cause a major tripping hazard.
- Use cord covers. Unless you want to go entirely off the grid as you age, cords will be a part of your life. They can be a tripping hazard, but cord covers can help!
- Exploring accessible technology resources. Another aspect of aging can be limited vision and hearing. It can be helpful to find ways around these impairments.
- Using medication management apps. Reminders are especially important to those who need to take their medicine at the same time daily.
Building a Support Network
Anyone who has worked in caregiving knows that it is overwhelming. Having a strong support network for both caregivers and the senior individual is of the utmost importance.
Caregivers should seek to involve family and friends in the caregiving journey as much as possible. These people can provide much-needed assistance and emotional support as the situation is navigated. It’s also wise to utilize professional support, such as home healthcare aides or respite care services. Remember, you can’t pour into someone else’s life if you are empty, so respite care can be vital for your well-being!
There are also many community organizations and support groups that connect caregivers with others who understand their experiences.
Remember – a support network doesn’t have to just include those providing care to the person who needs care. A good support network should also provide care to the caregiver. As April says, “Don’t think you need to be a first-line caregiver to be important in the caregiver support system.”
Self-Care for Caregivers
Taking good care of yourself provides a strong foundation to care for others. Burnout is a common issue for caregivers but must be dealt with for the overall well-being of both the caregiver and the person who is receiving care.
So how should caregivers manage their mental health and levels of burnout?
Here are some ideas:
- Practice mindfulness to stay emotionally healthy
- Engage in hobbies to keep your creativity alive
- Move your body and exercise
If you’re still feeling burned out despite your best efforts to manage your stress, it can be a wise idea to seek respite care services. These services can help provide you with a break from your caregiving responsibilities and allow you to rest. You can also consider joining a support group designed especially for caregivers!
But what if you’re a friend or family member of a caregiver and want to know how to support them?
Here are some specific examples you can use:
- A daily or weekly phone call to check in
- Giving your friend a break every now and then
- A monthly hike with a friend (boom – friendship and exercise!)
- Send a thoughtful card or letter their way to encourage them
- Bring them homemade meals or gift cards
Communication and Decision-Making
Trust is one of the most essential components of caregiving and aging in place. Good communication helps facilitate this trust, allowing caregivers and those receiving care to speak honestly about future goals and preferences.
Legal preparations, such as establishing power of attorney or creating a living will, can help ensure the senior’s wishes are respected and get all involved parties on the same age about end-of-life planning. Ensure all decision-making processes are clearly outlined to avoid any conflicts or misunderstandings.
Supported decision-making involves everyone – not just the person who is approaching end of life, but those who are involved with their care and part of the overall support system. The most important thing a person of any age can do is to talk to their support system in advance.
First, talk to your family about your wishes, then write them down. Make sure everyone’s on the same page. If you can only do one of the two things, talk to your family.
Financial Considerations
Having finances in order is also crucial for aging in place. Understanding the insurance options and government assistance programs is important for caretakers to assist seniors with tasks like budgeting and managing support services. Resources that could prove helpful include FiftyForward and TCAD in Tennesee.
Long-term care insurance, veteran’s benefits, Medicaid, and Medicare are some common options that can help with the financial aspects of caregiving and aging in place. It’s best to seek help from a trusted financial advisor or insurance agent to work through these options and determine the best way to combine them, if possible.
Resources and Recommendations
Consider checking out books from your local library about caregiving or finding helpful websites about caregiving.
Here are some good places to get started:
You can also ask for recommendations from caregiving friends or family about programs that will support you!
Community programs like meal delivery programs and dial-a-ride services provide social engagement opportunities and promote overall well-being for seniors. Be sure to find out what services are available in your area, as they can be wonderful enrichment opportunities.
Proactive caregiving makes it possible for seniors to successfully age in place. As a proactive caregiver, you should make it a top priority to create a safe and comfortable living environment for the person you’re caring for.
Understanding your role and what resources are available is critical in ensuring seniors maintain independence and dignity as they age, and having the right support can help you ensure you’re providing the best care possible so both you and the person you’re caring for have a positive quality of life.
At Graceful Aging Legal Services, we aim to help seniors age well. Part of this includes planning for their future and the future of their families. Want to learn more about aging in place? Contact us today, and we’ll help you prepare and organize so that major decisions aren’t looming over your head!
by Jennifer Wallace | Jan 2, 2024 | Elder Law
Caregiving is an important responsibility. It involves providing essential services to another person (often a senior), helping empower them to live their best life even as they age.
Understanding the Caregiver Role
Caregivers must understand the tasks and responsibilities they may be taking on, and think carefully about what boundaries they’d like to set in advance. Doing this is a crucial part of performing the job well and ensuring each person receiving care gets the help they need.
Caregiving works best when it’s a community effort. There’s a lot of joy in caregiving (which is something not everyone expects when they go into it). You may think of caregiving as “This is how I’m helping someone else,” but you’re actually helping your future self as well. Caregiving provides an opportunity to think about your goals and be more proactive about aging than you would have been if you weren’t a caregiver.
It takes a village to be a caregiver – so don’t forget to lean on the support of others during this time. (More about that later!)
Some typical roles of a caregiver include tasks such as:
- Assisting with activities of daily living
- Coordinating medical appointments
- Providing emotional support
- Managing medications
- Handling bill payments
- Meal planning and preparation
- Resolving insurance benefits issues
- Providing assistance with technical issues
- Planning or providing transportation for loved ones
As a caregiver, it’s important to remember that the role can sometimes present physical and emotional challenges. Working to meet this head-on and find solutions is an important part of advocating for the individual you care for and yourself. Don’t forget to laugh where you can – it’s a great way to cope with the emotional and physical strain, build rapport, and enjoy this season!
Planning to Help Them Age in Place
Aging in place refers to the ability of an individual to live in their home and community safely and independently. Caregiving can help facilitate this process, enabling seniors to keep their homes rather than move into an assisted living facility.
(Aging in place isn’t the only option, however; some older individuals prefer to downscale or move into an assisted living facility for more companionship. Make the choice that works best for you and your family.)
Proactive caregiving should always provide a supportive environment for daily living activities. Evaluate the home for potential hazards and make necessary modifications and adaptations.
Some helpful and simple changes that can significantly increase safety include:
- Everything they need, on one level. Although most people opt for single-story homes, it is possible to have a multi-story home and still embrace this principle. For example, April has everything she needs on the ground floor of her home except her washer and dryer. But she plans to hire someone to do her laundry once she can’t make it up and down the stairs safely!
- Installing grab bars and ramps. All of us lose our balance sometimes, but as we age, it can become more common. Having something to provide stability within the home is important.
- Using non-slip flooring and removing throw rugs. What is the point of throw rugs, anyway? Over time, they all curl up and cause a major tripping hazard.
- Use cord covers. Unless you want to go entirely off the grid as you age, cords will be a part of your life. They can be a tripping hazard, but cord covers can help!
- Exploring accessible technology resources. Another aspect of aging can be limited vision and hearing. It can be helpful to find ways around these impairments.
Using medication management apps. Reminders are especially important to those who need to take their medicine at the same time daily.
Building a Support Network
Anyone who has worked in caregiving knows that it is overwhelming. Having a strong support network for both caregivers and the senior individual is of the utmost importance.
Caregivers should seek to involve family and friends in the caregiving journey as much as possible. These people can provide much-needed assistance and emotional support as the situation is navigated. It’s also wise to utilize professional support, such as home healthcare aides or respite care services. Remember, you can’t pour into someone else’s life if you are empty, so respite care can be vital for your well-being!
There are also many community organizations and support groups that connect caregivers with others who understand their experiences.
Remember – a support network doesn’t have to just include those providing care to the person who needs care. A good support network should also provide care to the caregiver. As April says, “Don’t think you need to be a first-line caregiver to be important in the caregiver support system.”
Self-Care for Caregivers
Taking good care of yourself provides a strong foundation to care for others. Burnout is a common issue for caregivers but must be dealt with for the overall well-being of both the caregiver and the person who is receiving care.
So how should caregivers manage their mental health and levels of burnout?
Here are some ideas:
- Practice mindfulness to stay emotionally healthy
- Engage in hobbies to keep your creativity alive
- Move your body and exercise
If you’re still feeling burned out despite your best efforts to manage your stress, it can be a wise idea to seek respite care services. These services can help provide you with a break from your caregiving responsibilities and allow you to rest. You can also consider joining a support group designed especially for caregivers!
But what if you’re a friend or family member of a caregiver and want to know how to support them?
Here are some specific examples you can use:
- A daily or weekly phone call to check in
- Giving your friend a break every now and then
- A monthly hike with a friend (boom – friendship and exercise!)
- Send a thoughtful card or letter their way to encourage them
- Bring them homemade meals or gift cards
Communication and Decision-Making
Trust is one of the most essential components of caregiving and aging in place. Good communication helps facilitate this trust, allowing caregivers and those receiving care to speak honestly about future goals and preferences.
Legal preparations, such as establishing power of attorney or creating a living will, can help ensure the senior’s wishes are respected and get all involved parties on the same age about end-of-life planning. Ensure all decision-making processes are clearly outlined to avoid any conflicts or misunderstandings.
Supported decision-making involves everyone – not just the person who is approaching end of life, but those who are involved with their care and part of the overall support system. The most important thing a person of any age can do is to talk to their support system in advance.
First, talk to your family about your wishes, then write them down. Make sure everyone’s on the same page. If you can only do one of the two things, talk to your family.
Financial Considerations
Having finances in order is also crucial for aging in place. Understanding the insurance options and government assistance programs is important for caretakers to assist seniors with tasks like budgeting and managing support services. Resources that could prove helpful include FiftyForward and TCAD in Tennesee.
Long-term care insurance, veteran’s benefits, Medicaid, and Medicare are some common options that can help with the financial aspects of caregiving and aging in place. It’s best to seek help from a trusted financial advisor or insurance agent to work through these options and determine the best way to combine them, if possible.
Resources and Recommendations
Consider checking out books from your local library about caregiving or finding helpful websites about caregiving.
Here are some good places to get started:
You can also ask for recommendations from caregiving friends or family about programs that will support you!
Community programs like meal delivery programs and dial-a-ride services provide social engagement opportunities and promote overall well-being for seniors. Be sure to find out what services are available in your area, as they can be wonderful enrichment opportunities.
Proactive caregiving makes it possible for seniors to successfully age in place. As a proactive caregiver, you should make it a top priority to create a safe and comfortable living environment for the person you’re caring for.
Understanding your role and what resources are available is critical in ensuring seniors maintain independence and dignity as they age, and having the right support can help you ensure you’re providing the best care possible so both you and the person you’re caring for have a positive quality of life.
At Graceful Aging Legal Services, we aim to help seniors age well. Part of this includes planning for their future and the future of their families. Want to learn more about aging in place? Contact us today, and we’ll help you prepare and organize so that major decisions aren’t looming over your head!
