Elder Law FAX
The January 1, 2007, issue of Elder Law FAX, a
free newsletter published every other Monday by the Elder Law Practice of Timothy L. Takacs.
Managing Parents' Finances: Eight Steps for Children to Take
As their parents age and become increasingly dependent upon
others for help, often one of the first tasks that children find themselves
having to undertake is to manage their parents' finances.
The Web site Bankrate.com recently published a step-by-step
guide for the children of incapacitated parents.
Here are the eight steps.
Step 1: Find all of your parents'
financial accounts and documents.
This can be a daunting challenge. Many people don't maintain
a comprehensive, updated list of their investments. Financial records may be in
a mess. Here is a tip: keep an eye on the mailbox during the month of January,
when IRS Form 1099s are mailed. Look for a recent income tax return for clues.
Step 2: Collect and start paying bills.
What bills need to be paid? Review bank account statements
over the past year for routine transactions. Watch for insurance payments that
may be due on other than a monthly basis (such as homeowners and automobile).
Step 3: Locate power of attorney or
living trust documents.
You may need these documents in order to have legal
authority to act on behalf of your parent. Although storing these documents in
a bank safe deposit box is usually not recommended, if the documents cannot be
found at home this location may be a good place to start.
Step 4: Open their safe-deposit boxes --
with a witness.
To avoid disputes with other family members, get a witness
when you inventory the box.
Step 5: If there is no durable power of
attorney or living trust, you may have to become your ill parent's guardian or
conservator.
But don't assume that this step is
automatically necessary. Going to court to be appointed guardian or conservator
of an incapacitated parent is costly and intrusive. What many lawyers who
recommend this step don't tell you is that as guardian of your parent, you must
now legally account to the court for whatever steps you take to manage your
parent's finance and arrange for their health care needs. Do you really want or
need to have a judge tell you how to take care of your parents?
Step 6: Document everything you do on
your parents' behalf.
Approach managing your parents' finances
as a business.
Step 7: Consider hiring a financial
planning team.
Step 8: Consider updating your parents'
investments.
For more information, visit: http://www.bankrate.com/brm/itax/news/20061124_8step_plan_parents_finances_a1.asp