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section 1 - The American College Online Learning Center

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nightmare of living probate might have been avoided and these decisions couldhave been made more efficiently through other vehicles.2. Planning for incapacitya. Planning for retirement income is a challenge for someone with full capacity.b. Not planning for incapacity can jeopardize a retirement income plan.c. Informally placing decision-making in a family member can have limitations.3. Planning considerations(1) No formal supervision of decision makers(2) <strong>The</strong> potential for financial abuse exists.(3) Even well-meaning family members can make bad decisions.a. <strong>The</strong> planning approach depends on client specific considerations.(1) What is the size and composition of the client’s wealth?(2) What type of financial, retirement, and estate planning objectives haveto be met?(3) What is the client’s level of comfort with respect to turning over the reinsto others as capacity diminishes?(4) Are there family members that are concerned about the client’sdecision-making capacity?b. Common client objectives include:(1) <strong>The</strong> client’s objective for simplicity to limit costs for professional advice(2) <strong>The</strong> client’s concern over retaining personal control for as long as possibleor willingness to delegate some responsibilities earlier to gain a level ofcomfort(3) <strong>The</strong> client may want his or her agents or trustees to have a great deal offlexibility with respect to making decisions or may want the decisions tofollow a fairly rigid or limited structure.c. Other related planning considerations4. Planning process(1) Are there current steps being taken to implement the estate plan to meetthe client’s legacy goals?(2) Will the loss of capacity be associated with long-term care issues thatwill require steps taken to qualify for public assistance programs suchas Medicaid?a. Identify existing plans (documents)b. Determine need for additional planningc. Consider available asset management documentsd. Identify appropriate professionals to implement the plan5. Asset management tools for delegating decisions:a. Durable power of attorney(1) Essential for continuing the asset management and decision-making for aclient that has lost capacityb. Revocable living trust4.37

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