By Jacquelyn Pillsbury
Attorney Kathleen Scott Chasar encourages people to plan for their legal future before it’s too late.
“The earlier you plan for your future, the better you will be able to protect your resources,” said Chasar, who has 17 years of experience as an elder care and family law lawyer.
Chasar, a Ewing resident since 1984, said that the first steps are basic. “Everybody needs three documents. They need a power of attorney, a last will and testament and a living will, also called a health care directive.”
These documents require a brief meeting in her office, a week for her to prepare and another 30 minutes to read and sign. “Then you are done,” she said.
Conversely, if you wait until a health crisis happens to create these documents, it often takes much longer and is more expensive, she said. For example, if a person is unable to sign a power of attorney due to being in a coma, it could take months for the courts to settle the issue. In the meantime, bills are mounting and decisions have to be made.
Chasar recommends meeting with an attorney as you near retirement instead of waiting until a health crisis hits.
People should also do this for family members as well. She said there are times when she meets with new clients whose elderly parents are entering a nursing home and has to break some bad news to them because they haven’t prepared in advance.
“The government does not pay for nursing homes. Health insurance does not pay for nursing home,” she said she tells them. “You cannot predict what will happen. You can have a stroke and end up in a nursing home”
“In the long run, it costs more if you do not have the right documents,” Chasar said. “It is prudent to pay an attorney to do the documents than it is to petition the court.”
In her office Chasar can prepare a power of attorney for $250, but it becomes more expensive if it has to be done in an emergency.
Chasar said that the easiest thing people can do to prepare for their future is to prepay their funeral expenses.
“People think ‘that’s what life insurance is for,’ but if you are in a nursing home they don’t let you keep your life insurance.” Medicaid forces patients to cash in life insurance policies with a value of $1,500 or more. That does not leave enough for a funeral.
Also, residents living in a nursing home are only allowed to keep $35 a month for spending money from pensions, retirement plans and social security payments. That amount has not changed since 1964. This is the money people use for haircuts, clothing, treats and other extras that are not covered by living in a nursing home.
Chasar offers free seminars from time to time to help educate people in planning for the future. Her areas of expertise include elder law, which encompasses asset protection and Medicaid planning so that all of a person’s assets don’t go to pay for a nursing home. Will probate, setting up trusts, power of attorney and last will and testaments also fall under the category of elder care.
Family Law is another area of expertise. She said that in divorce cases, she tries to take a civilized approach to encourage both parties to settle out of court and save legal fees, emotional distress and time. Other areas of family law include child support and prenuptial agreements.
Chasar said she knows many people do not like to think about their future, on the other hand, it comes down to the expression “those who fail to plan, plan to fail.”
Kathleen Scott Chasar, Esq., 903 Parkway Avenue. (609) 882-2200. kathleenchasarlawnj.com
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