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Home >> Estate Planning Articles >> Taking Care of Your Spouse After You Are Gone

Taking Care of Your Spouse After You Are Gone

September 23, 2015 by Robert Kulas.

Taking Care of Your Spouse After You Are Gone

Compliments of Our Law Firm,
Written By: The American Academy of Estate Planning Attorneys

Family often ends up providing the bulk of care to those who suffer from incapacitating illnesses and injuries, with the AARP’s Public Policy Institute estimating that one in five family caregivers is a spouse. These spousal caregivers provide assistance with things like medical and nursing care, wound care and medication management. For example, there are more than five million Americans living with Alzheimer’s disease. According to the Alzheimer’s Association, 15.5 million caregivers are providing 17.7 billion hours of unpaid care to someone with Alzheimer’s. The value of these unpaid hours of care exceeds $220 billion per year.
Additionally, another 795,000 people suffer a stroke each year. A person has a stroke approximately once every 40 seconds in the United States, according to The Internet Stroke Center.
Strokes and Alzheimer’s are just two of many medical conditions that can leave a person unable to care for themselves. Unfortunately, because spousal caregivers are often close in age, there is significant risk that the caregiver will become incapacitated or will pass away before the person for whom he or she is caring. It is important to plan ahead in case this day occurs.
Preparing for Continuing Care and Medical Assistance
Ensuring that a disabled or incapacitated family member will continue to be cared for after the death of a spousal caregiver is something in which the entire family will likely play a role. An estate planning and elder law attorney should also be consulted to provide advice and assistance with legal steps that need to be taken. For example:

  • A Special Needs Trust may be created in order to provide ongoing financial support to a disabled individual without disqualifying them from government benefits, such as Supplemental Security Income (SSI) and Medicaid. A Special Needs Trust can allow the assets to benefit the disabled person without jeopardizing their government benefits.
  • Medicaid Planning may help protect the assets of seniors in the event they need long-term care. However, effective planning must start far in advance. Any gifts within five years of needing Medicaid incur steep penalties.

These are just a few key things that you may wish to consider to ensure that a loved one with disabilities will be taken care of, even if a caregiver spouse has passed away or is no longer able to manage. Speak to an estate planning and elder law attorney about the specifics of your situation to learn more about options that are available for protecting your family’s future.

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Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family.

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
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Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

Leo C.
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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

Mildred W.
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I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
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August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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