End of life care: urgent.

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jackal
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End of life care: urgent.

Post by jackal » Wed Dec 06, 2017 11:33 pm

An admin at our workplace was diagnosed with a terminal illness with less than 6 weeks of expected life. She is the guardian of two of her grandkids and she is very worried about them. She does have some family but she isn’t too close to them. We are planning on having some kind of a fund raiser to help her but she repeatedly states her only concern is the two kids. What can we do to help her? May be an irrevocable trust with a trustee she trusts that terminates when the kids are a certain age? Which vendors can she use for this purpose?
Thank you for your help.

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sergeant
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Re: End of life care: urgent.

Post by sergeant » Wed Dec 06, 2017 11:38 pm

Contact a local attorney versed in guardianship issues.
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tc101
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Re: End of life care: urgent.

Post by tc101 » Wed Dec 06, 2017 11:47 pm

Yes contact attorney right away. Does she have a general power of attorney with someone? What about health care power of attorney? If not that should be done immediately.
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JimInIllinois
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Re: End of life care: urgent.

Post by JimInIllinois » Thu Dec 07, 2017 12:07 am

I would have two goals, both needing legal advice:
1) Giving her as much influence as possible over the appointment of a new guardian.
2) Ensuring that as much of her estate as possible is used for the grandkids' education after they turn 18 rather than being siphoned off for their living expenses.

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patriciamgr2
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Re: End of life care: urgent.

Post by patriciamgr2 » Thu Dec 07, 2017 1:08 am

Depending on the kids' ages, she needs to name a guardian who's willing to take physical custody of the grandchildren. Many people prefer to make a separate person responsible for financial matters--as asort of a checks & balance system. Using a trust company to administer a trust is very expensive and they often have high dollar minimums; it may be better to find a responsible individual who is willing to act.

I agree that finding a trusts and estates lawyer to draw up a will and trust as well as the financial and healthcare powers of attorney is her most urgent task. Will there be assets left in her estate after healthcare bills are paid? [I believe that if assets had been placed in an irrevocable trust for the grandchildren in the past, creditors would not be able to claim those assets. She'll need to consult with the lawyer to determine what the status would be given the current circumstances.]

Does she have life insurance? She also needs to make sure the trust she establishes is named in all of her beneficiary designations (401k; insurance policies, checking & savings accounts, CDs, etc.) and that property (real estate, cars & personal property) will also flow into the trust.

Good Luck to you in assisting this lady and her grandchildren.

jackal
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Joined: Thu Jan 14, 2010 7:24 am

Re: End of life care: urgent.

Post by jackal » Thu Dec 07, 2017 3:59 am

Sad news is she learned about this two days back. Life’s curveball I guess. So she has nothing done. And she may be confused in the very near future. So, having a legal guardian, an irrevocable trust and lawyer versed with guardianship and a lawyer versed with trust issues seems paramount at this time?
Anything else?

HIinvestor
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Re: End of life care: urgent.

Post by HIinvestor » Thu Dec 07, 2017 4:15 am

Actually assets are pretty important. If there are no or few assets, there will be nothing to put in the trust or pay the expenses of the trust.

Finding a guardian for the kids who will raise them seems the most pressing and important.

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celia
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Re: End of life care: urgent.

Post by celia » Thu Dec 07, 2017 4:20 am

I'm not sure SHE can select the next guardian. Shouldn't the person(s) who chose her as guardian have the right to choose the next guardian when she can no longer serve? If THEY have died, maybe they already chose a back-up before they died. When we did our estate planning, I think we specified two backups.

HIinvestor
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Re: End of life care: urgent.

Post by HIinvestor » Thu Dec 07, 2017 5:05 am

You’re correct that the guardianship of the grandchildren is the most important issue. She needs to find out what steps need to occur for them to be placed with the successor guardian—-preferably someone the kids know to minimize the disruption in their lives.

Also, has she considered getting a 2nd opinion? I and several loved ones have gotten awful prognoses only to prove them wrong and live long after predictions. It does require getting a highly qualified 2nd opinion and may require aggressive treatment.

mouses
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Re: End of life care: urgent.

Post by mouses » Thu Dec 07, 2017 7:26 am

I also urge a second opinion at a teaching hospital. In 2007 I was told I had six months to live.

As to renaming things into the trust, yes check things like beneficiary designations on IRAs etc. but also her will can have, at least in my state, a provision that says anything not in the trust goes into the trust automatically when she dies, so one less worry about overlooking something.

You can be a good friend and go with her to lawyer meetings etc to drive and provide moral support and take notes. When people are under stress, they are not good at remembering things plus having someone drive is helpful.

Even if she does not have life insurance as such, some employers provide this as a benefit, so check with hr.

People can help out by doing her grocery shopping, etc.

I am really sorry this has happened.

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