Age 65 and beyond is often referred to as the golden years due to the cessation of work and transition into retirement relaxation. However, this can also be a time of confusion and uncertainty as life circumstances, health, and living arrangements change. As the body and mind age, seniors may require additional help with daily activities or healthcare management. Retirement communities are great for those who wish to socialize with similarly-aged peers and need extra assistance with daily activities. As a senior community resident, you have rights that should be respected. You’ll also likely face some tricky legal decisions during your golden years. Familiarizing yourself with best legal practices and procedures during this time can help you prepare better and ease into any community setting.
Plan Your Estate
Your estate is the most important legal aspect of your life; it refers to the sum of all your assets (financial worth), such as your house, commercial properties, bank accounts, and personal property. When we reach the end of our lives, we typically utilize estate planning to determine where our assets will go. Most people choose family members, like children or spouses, to receive their estate. Some donate to charity. There is no wrong choice if you make it without pressure or manipulation. There are a few important documents involved in estate planning.
Living Trust
You’ll want to create a living trust if you don’t want the court or state to intervene in your estate affairs after you pass away. This document allows a trustee to distribute your estate according to your wishes after you die. Living trusts bypass probate (the legal proceedings after one dies) and funds are secured by your assets while you’re still alive.
Will
A will is essentially a set of instructions for survivors after your death. You can choose what property or finances go to whom, and you can designate what your desires are for your funeral arrangements. When someone dies, their will goes through probate (legal estate process) to assign their assets to who you have designated in that will. It’s simpler for you but living heirs will need to wait for probate processes. A will is a great choice for most people and is one of the most common types of estate planning documents.
Final Disposition
Most people prefer to dictate their own funeral arrangements; your final disposition refers to how your body is cared for after death. Most people in America choose to be cremated or buried. Other choices are also gaining popularity, such as natural burial, water “cremation,” or recomposition (natural compost). Again, there is no wrong choice here, but you can designate your final disposition wishes according to your will.
Designate Power of Attorney
There may be times when you’ll want others to make legal or medical decisions for you. A power of attorney allows you to grant someone this ability. Power of attorney is not just for seniors or in medical situations. For example, you can assign a power of attorney to someone helping you sell your home or take your child to the hospital. If there is someone you trust to make important, life-changing decisions for you, a power of attorney may be ideal in cases of terminal illness or memory conditions that may limit your ability to do so yourself.
Know Your Rights
Most retirement communities or assisted living facilities will respect your rights as a citizen, resident, and patient. However, seniors need to understand what their rights are in worst-case scenarios. If you’re residing in a retirement community, you have a few important legal rights, meaning these communities legally should provide certain quality standards. In general, you have the right to respect and be cared for free from abuse in any care community. You also have the right to privacy and access to any information during or about your stay, such as medical records—your records cannot be disclosed to anyone other than yourself and your healthcare team without your explicit consent. Understanding your rights can help protect yourself in cases of abuse, fraud, or legal problems. If you feel your rights have been violated in any way, it may be a smart idea to consult with an elder care attorney or care facility injury lawyer.
Plan Your Advance Directives
If your age or health requires you to seek frequent medical care, especially emergency medical care, you may want to plan advance directives. Like a power of attorney, advance directives make decisions for you in a medical setting when you cannot. Sometimes, you’ll designate a person to make choices for you, such as a medical power of attorney. Other times, you’ll have legal documents making decisions for you, like a Do-Not-Resuscitate (DNR) Order, which legally states that medical professionals cannot revive you if your heart or breathing stops. Organ donation preferences are also a good example of an advance directive in case you die; you can choose to donate your organs to those in need. Suppose you are concerned about your affairs in medical settings or during healthcare procedures. In that case, you may want to create a living will, which dictates what treatments or procedures you would or wouldn’t like done if you are incapacitated in some way.
Fraud Protection
It’s common for older adults to be vulnerable to fraud, especially in senior living communities. Scammers can disguise themselves as official community staff, law enforcement, healthcare providers, lawyers, or financial officers to solicit money or private information from victims. Stay vigilant about these types of scams, and do not provide information or money to anyone without personally verifying their identity and association with official sources. Most banks, lawyers, or communities will not directly ask you for financial or private information, especially over the phone or email.