According to a survey of the legal need of seniors in Michigan, conducted by the nonprofit Elderlaw of Michigan Inc, discloses that seniors need to learn their legal rights like how to plan their estate and whom to appoint to handle their finances in the event they are unable to do so.
Other issues that also arose in the survey: safety and mobility, especially for low-income older people, who have drastically different legal needs than those who have more resources.
“We needed a better understanding of what the needs were of older adults,” said Kate Birnbryer White, executive director of Elderlaw. “We want to make sure that we’re prepared to meet their needs, that we’re putting our resources in the right places.”
The survey, conducted in December, asked 640 people to discuss everything from whether they have a will to whether they’ve received a hard sell from a door-to-door salesman within the past year. A final report on the survey is expected by Aug. 1.
Less than half of those who responded said they felt they knew their rights when they were in the hospital or receiving Medicare or Medicaid to pay their health care bills.
That’s not a problem for Kathleen Richardson, 58, of Okemos. She’s a registered nurse and her husband, Mark Richardson, is a doctor. She also has inflammatory arthritis and coordinates a support group for others with the disease.
“A lot of people, especially older people, are intimidated by doctors,” she said. “The older generation, I think, they were trained to not question what the doctor did.”
Almost one-third of survey respondents had created a health care power of attorney, which designates someone to make medical decisions on their behalf – but even that is not enough, White said.
“Ideally, we would want the goal of 100 percent of people having those documents available should they become necessary,” she said. “It’s really not just an issue for older adults. Any of us could get hit by a truck tomorrow.”
Estate planning
It’s also important for people to think about how they want their estate used after their deaths, White said. But 53 percent of survey respondents said they didn’t understand probate law, and 37 percent didn’t have a plan for their estate.
Only 2.4 percent of people had designated a financial power of attorney, which designates someone to handle their finances when they are incapacitated. It’s a simple form available at most financial institutions.
“They don’t always have to go to an attorney and draft a big document,” White said.
Besides legal issues, safety and mobility are key for low-income folks over 50, the survey shows.
Feeling of security in their estate plans
“Only 20 percent of our lower-income households said they actually felt safe in their house, which I felt was very shocking,” said Keith Morris, director of legal services for Elderlaw. “Only 17 percent of them said they were able to go where they wanted when they wanted.”
A quarter of low-income seniors said they had problems in meeting their bills, and their overall understanding of legal issues was much lower than survey respondents with higher incomes.
Marion Owen, director of the Tri-County Office on Aging, said that information correlates with her experiences at the agency. It distributes information about legal resources to the people it serves through its programs.
“We try to get at people from different angles, whether they’re with Meals on Wheels or in a senior center,” she said.
I NEED HELP! I was going to call the show or at least try to leave a question on-line so hear it is. My aunt recently passed, she never had children, but she did marry late in life. Her husband is alive and has two children from his first marriage. Two children that were never around for virtually 25 years-sorry for my commentary. I was the primary care-taker to my aunt for lymphoma the past few years. I never asked much about their legal standings. I knew they had a will, so I assumed everything was taken care of. I want their wishes, which they created together more than 15 years ago to remain sound. But I don’t know diddly about probate, houses and deeds etc. I continue to be a prime caretaker of my uncle in terms of bills and household finances. His daughter in law is pressing him to create a trust so that things don’t have to go through probate. Please explain probate to me, why they would have to go through it if they HAVE a will. I will add that my uncle is VERY LEARY of the daughter in law and has said in no uncertain terms that he is NOT going to an attorney with her. He doesn’t want to show her his will, eventhough they have already asked him for it. He is a strong willed old man – 86, mostly of sound mind. I worry though that he could be manipulated into doing something he didn’t understand, or they’d somehow get him to sign something inadvertently. He has plenty of liquid cash. He owns his home flat out. Leases a car. His health is not the best, has heart issues, but he’s 86.
My guess is the daughter in law wanted to move him in with her to collect ss, ford pension, and dividends, and eventually get him to do a trust and make her the trustee. He DOES NOT want to leave his home and is doing well on his own. She has from the moment of my aunts death asked for the deed to the house. As much caretaking that I had done, I never asked for anything like that, nor did I search the house for anything.
He has another son, that is quiet, and not adamant about doing anything, and wants to let things stay as they are with his will.
I know it’s hard to comment when you have not seen his will. But it is specific about dividing things about 60% to his family the remaining 40 to her family. I want their wishes to be met. How can I ensure this without alot of ‘after death’ hassle?
Any advice would be greatly appreciated. This is my first step in trying to be proactive in figuring out what to do.
I will leave contact information 248-258-6626
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