Candice Bergen is a movie and television star and comedienne best known for her role as Murphy Brown. She is also the author of Knock Wood (1984) and A Fine Romance (2015). Based on her life experience, she could also probably write a book about caring for the critically ill if she wanted.
Bergen’s husband of over 20 years, Marshall Rose, recently passed after battling Parkinson’s disease. Her first husband, director Louis Malle, died from lymphoma. In Bergen’s memoir “A Fine Romance,” she describes the struggle of caregiving for someone who is critically ill. She writes, “It really costs you to take care of someone who is critically ill day after day.”
Many caregivers can relate. According to the NIH, 50 million people care for a disabled, older adult, or chronically ill family member or friend. Caregiving, especially for individuals with dementia or cancer, takes its toll on caregivers and "may be linked to a decline in caregivers’ overall health."
However, there are estate planning tools available that can help caregivers manage the health and support of their critically ill loved ones.
A Health Care Directive and Living Will
A health care directive and living will, sometimes called an advance medical directive, allows a caregiver to access medical information, speak with medical providers, and make healthcare decisions for their loved one. The patient, as the principal, names someone, such as the caregiver, as their health care agent or health care surrogate. In a health care directive, the principal can detail their preferences for health care and long-term care. They can also instruct their surrogate on their end-of-life care and wishes for life-prolonging measures. This document is important for a caregiver to have if the patient is unable to communicate their wishes.
A Power of Attorney
When someone is critically ill, they may not be able to mentally or physically manage their own affairs. Having a power of attorney allows a caregiver to handle the personal finances, maintenance, and support of their loved one. The principal names someone they trust as their agent to pay bills and handle their finances, property, and real estate. The caregiver can access bank accounts, manage medical financial accounts and Medicare, and handle decision making on behalf of the principal.
A Special Needs Trust
If a loved one has special needs and receives government benefits, such as disability payments, a special needs trust may be helpful. A special needs trust is a living trust that holds money and assets for the loved one without affecting eligibility for government benefits. Because the rules of special needs trusts are complex, it is a good idea to talk to an estate planning lawyer.
Medicaid Planning
Medicaid offers health insurance to people who have low incomes and can’t afford medical care. Medicaid planning is a way to organize your financial situation to qualify for Medicaid benefits. This may be particularly important if paying high assisted living or nursing home costs. Medicaid planning must be done carefully to ensure it is successful, so it is critical to enlist the help of an estate planning attorney.
A Will
A last will and testament is a legal document that takes effect after you pass away. A loved one decides who they want to manage their estate (a personal representative or executor), who receives their property and assets, and who will be the guardian of any minor children. Having a will helps families understand the loved one’s wishes and avoids a lengthy probate process.
Plan While You Can
Sometimes, catastrophic events occur. It can be difficult on loved ones without these plans in place. It is a good idea to get estate planning documents completed when they are healthy and not facing physical and mental challenges. It helps relieve the burden of the caregiver and loved one's family. It is also a good idea to get these plans together for your own well-being. Talk to a local estate planning attorney about how estate planning can prepare your and your loved ones for future life events.
It is also a good idea if you are a caregiver to join support groups, either in-person or through social media for help. Taking care of your physical and mental health will also help you with the challenges of caring for a critically ill loved one.
Related Resources
- Estate Planning (FindLaw's Learn About the Law)
- How Estate Planning Helps Family Caregivers (FindLaw's Law and Daily Life)
- Protect Your Parent from Elder Financial Abuse with A Power of Attorney (FindLaw's Law and Daily Life)
- Create Your Own Estate Planning Documents (DIY Estate Planning Forms)
