Common Mistakes and How to Avoid Them
When it comes to planning for your later years, what you don’t know can hurt you. Many well-meaning families make critical errors that can jeopardize their financial security and create unnecessary emotional distress. Here are some of the most common mistakes and how to steer clear of them.
Mistake 1: Waiting Too Long to Plan
This is by far the most common and costly mistake. Many people put off planning until a health crisis hits—a sudden fall, a stroke, or a dementia diagnosis. By that point, options become severely limited. To sign legal documents like a will or power of attorney, you must have “testamentary capacity,” meaning you must understand the document and its consequences. Once that capacity is lost, it’s too late. The family’s only recourse may be an expensive and public guardianship proceeding.
How to Avoid It: Be proactive, not reactive. The best time to engage in elder law planning is when you are healthy and of sound mind. Think of it like insurance: you put it in place hoping you’ll never need it, but you’re protected if you do. Start the conversation with your family in your 50s or 60s, or whenever you begin serious retirement planning.
Mistake 2: Giving Away Assets to “Hide” Them from a Nursing Home
Seniors sometimes hear that they should give their house or savings to their children to protect them from nursing home costs. They make these gifts without understanding the consequences, namely the five-year Medicaid look-back period. As we discussed earlier, these gifts can trigger a lengthy penalty period, forcing the family to pay for care privately when they can least afford it.
How to Avoid It: Never make large financial gifts or transfer property without first understanding the full legal and financial implications. Before moving any assets, consult with a qualified elder law attorney. They can explain the rules in your state and suggest legal strategies to protect assets without incurring penalties.
Mistake 3: Using DIY or Generic Online Legal Forms
While a simple online will might seem like a cost-effective solution, it can be a recipe for disaster. Laws governing estate planning and powers of attorney vary significantly from state to state. A generic form may not be legally valid in your jurisdiction or may lack the specific language needed to address your situation. For example, a standard power of attorney may not grant your agent the authority to engage in the kind of asset protection planning needed for Medicaid eligibility.
How to Avoid It: While online forms can be a useful educational tool, they are not a substitute for professional legal advice. At a minimum, have any DIY documents reviewed by an attorney. The best approach is to have an attorney draft documents tailored specifically to your financial situation, family dynamics, and personal wishes. The cost of proper drafting is a fraction of the potential cost of litigation over a flawed document.
Mistake 4: Assuming Your Family Will “Do the Right Thing” or Agree on Everything
Even the most loving families can fall into disagreement and conflict during a crisis. Without clear, legally binding instructions, your children may have different ideas about your medical care or how to manage your finances. This uncertainty can lead to disputes that permanently damage relationships and drain your estate through legal fees.
How to Avoid It: Put your wishes in writing. Your estate planning documents are your voice when you can no longer speak for yourself. By clearly naming your agents for finance and healthcare and outlining your wishes in a living will, you provide a clear roadmap for your family. This removes the burden of guesswork and minimizes the potential for conflict.
Mistake 5: Believing Medicare Will Cover Long-Term Care
This is a widespread and dangerous misconception. Many people assume the federal health insurance they’ve paid into their whole lives will cover them if they need to go to a nursing home. In reality, Medicare pays for very little long-term custodial care. It may cover short-term skilled nursing care after a qualifying hospital stay (e.g., for rehabilitation), but it does not pay for ongoing assistance with daily activities like bathing, dressing, and eating.
How to Avoid It: Educate yourself on what Medicare actually covers. Acknowledge that you need a separate plan for long-term care, whether that involves private long-term care insurance, self-funding, or Medicaid planning. Acknowledging this reality early is the first step to creating a viable financial plan for your later years.
For tax-related topics, refer to the IRS. For information on Social Security, visit the Social Security Administration.
