Helping Clients with Chronic Illnesses

It is estimated that over 19 million people, 4.3% of the U.S. population, will be age 85 or older in 2050. Of these individuals, 6.2 million will have severe or moderate memory impairment. These numbers reflect the need for estate planning attorneys to address issues that extend further than just Medicaid planning to help ensure these clients with chronic illnesses are properly provided for.

Hindering the estate planner’s task is the fact that symptoms of chronic illnesses (e.g. severe fatigue, chronic pain, etc.) are not easily observable. The estate planner’s office staff should make inquiring into a client’s health a routine practice to help determine if the client suffers from chronic illness. It is also important to keep in mind that many clients with chronic illnesses fail to discuss their illnesses with their estate planners.

Estate planners may also consider bringing in named agents of a client with a progressive illness before the agent needs to assume an active role. By bringing in the agent early on during the estate planning process, the client can express his or her wishes directly to the agent, and an open forum of communication between the agent, client, and estate planner will likely result.

For more information on working with clients with chronic illnesses, see Martin M. Shenkman, Estate Planning for Clients With Chronic Illnesses, Texas Lawyer, Dec. 30, 2011.