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How Elder Law and Estate Planning Empower You to Age on Your Own Terms

Posted by Daniel J. Eccher, Esq. | May 09, 2025

You still manage your medications and book your own appointments. But one slip on the ice and you're no longer calling the shots.

When that happens, who talks to your doctor? Who handles your money? Will everyone know what you would have wanted?

Legal planning helps you prepare for these possibilities. As you age, it keeps you in charge -- of your care, your choices, and your future -- no matter what life brings.

Tools That Protect Your Wishes

As you age, elder law and estate planning help you stay seen, heard, and involved through:

  • Legal tools like a financial power of attorney and an advance directive for health-care, which help you remain an active participant in your care and finances, even if your ability to communicate or complete tasks changes. By setting these up early, you control who speaks for you and reduce the risk of abuse or mismanagement.
  • Long-term care planning prepares you now so you're not caught off guard later -- physically, financially, or emotionally. From in-home care to assisted living, it ensures you receive the support you want in the setting you prefer while minimizing stress and financial risk for your family.
    • In Maine, assisted living costs average $8,000 a month. A private nursing home bed can top $13,000 monthly. A 2.5-year stay could cost over $415,000 -- and without a plan, families often shoulder the burden.
  • A Medicaid Asset Protection Trust (MAPT) and personal care agreement can help shield assets while they preserve Medicaid/MaineCare eligibility -- crucial options when you can't afford to pay for care. Trusts can also protect loved ones with disabilities or who receive public benefits, letting them inherit without losing vital support.

What Happens Without a Safety Net?
 
If you don't have powers of attorney or an advance directive, courts -- or well-meaning others – might step in and make decisions against your values.

Consider this scenario: John had a stroke and couldn't speak. His doctors needed to know if he wanted a feeding tube, rehab, or palliative care, but his four adult children couldn't agree. With no advance directive, they all had equal say. In the end, the loudest voice made the call, but not necessarily the one John would have chosen. 

Unwanted guardianship or conservatorship: These legal steps are often necessary in a crisis. Proactive planning reduces the chance a court-appointed guardian will make decisions for you.

Example: Imagine a woman named Jane who, after a serious car accident, had no estate plan and no beneficiaries. Her three adult children, who each live in different states, are thrown into confusion. With bills piling up and no legal authority to act, her eldest child files for emergency guardianship just to keep the mortgage paid.

Trust issues: Trusts aren't always necessary. But without one, your assets may have to go through probate, possibly delaying access to your heirs, increasing legal costs, and making private matters public. Without a MAPT or special needs trust, a loved one could lose public benefits, or you could miss the chance to protect your home from the Estate Recovery process.

How to Stay in Charge as You Age

  • Talk with your loved ones about your wishes
  • Create an estate plan, including your advance directive and financial power of attorney
  • Review it every few years or after major life changes
  • Explore long-term care options and funding strategies

These simple steps help you stay in charge and ease the burden on others.

Why Elder Law and Estate Planning Matters

Planning involves more than assets. It brings clarity and stability to your life and to the lives of those you love. Imagine the relief of knowing your values guide your choices, even when you can't make them yourself. 

When you plan now, you reduce the risk someone else will make decisions you wouldn't want. You also: 

  • Ease the burden on your family
  • Reduce potential conflict and confusion
  • Make sure your voice still guides the conversation
  • Gain support during transitions, like moving to assisted living or nursing care -- especially in a crisis
  • Help prevent elder abuse or exploitation by legally naming people you trust
  • Coordinate your legal, financial, and care plans with input from healthcare providers and community support 

Together, estate and long-term care planning protect your wishes and your finances. They're less about preparing for the final chapter and more about staying involved, even when you're not there. Planning is an act of care and an investment in your future and in those you love.

Let's Discuss What Matters to You

Aging well starts with proper planning. If you're ready to stay in charge as you age, to start the conversation, contact us online or call (207) 377-3966.

About the Author

Daniel J. Eccher, Esq.

Daniel J. Eccher, Esq. is the Managing Shareholder at Levey, Wagley, Putman & Eccher, P.A., in Winthrop, Maine. Dan's favorite problem to solve is helping clients figure out how to afford long-term care while having something left for their family.

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