Receiving an ALS diagnosis is a devastating blow. In an instant an individual’s world is turned upside-down, and feelings of helplessness are quick to follow. The truth of the matter is that patients with ALS still have some power legally and financially, and it is important to manage those decisions as quickly as possible.

What is ALS?

Amyotrophic Lateral Sclerosis is a degenerative disease in which the brain loses the ability to communicate with the body’s muscles. Also called Lou Gehrig’s disease or motor neuron disease, ALS gradually paralyzes those afflicted until they are no longer able to talk, walk, eat, or breathe. There is no cure.

Taking Action After an ALS Diagnosis

If you are reading this, you have already taken the first crucial step after receiving an ALS diagnosis: educate yourself. Learn everything you can about the disease, how it will affect your life, and what you can do to be prepared. Another critical choice you will need to make is to accept help. Don’t be afraid to ask for help or to be honest when those you trust ask how you are. Let others reach out to you with compassion.

Logistically, there are other steps you can take to approach a diagnosis as prepared as possible:

Join a Support Group

The Initial Steps to Take After an ALS Diagnosis

An ALS diagnosis is the beginning of a different way of life. There will be many changes you need to make to adapt, and you will need to relearn many of the basics. During each challenge, it is important to remember that you are not alone. A support group can help you connect with other people who understand exactly what you are going through

A support group should serve as a safe haven. There you can meet people who are in various stages of the disease. You can learn from those who have already faced what you are going through and be a help to those for whom the disease is not so far along. It is a venue to collaboratively share practical advice

Establish an Incapacity Plan

While you still have your faculties about you, your top priority should be to make sure you have an incapacity plan in place. This plan allows you to authorize someone you trust implicitly to manage your legal and financial affairs (within limits set by you) when you are no longer able to do so. This person may be a spouse, sibling, close friend, or adult child.

This durable power of attorney is detailed in your incapacity plan, as is the durable power of attorney for healthcare. The latter is exactly what it sounds like, one person is chosen by you to make medical decisions on your behalf when you are unable to do so. The incapacity plan should also include a living will, in which you state your wishes concerning end-of-life care. Find a medical team which supports your medical treatment decisions and will walk alongside you.

If you already have an incapacity plan in place, receiving an ALS diagnosis is a good opportunity to review it and ensure it is up-to-date.

Update Your Estate Plan

The right estate planning attorney can help you make a plan for your loved ones and for yourself after receiving an ALS diagnosis. Updating your estate plan can help you determine how your property is titled. Reviewing property titles and making simple adjustments while you are still able will take a burden off of your loved ones and make the process much more streamlined.

Unfortunately, gifting your assets is not always a straightforward process. An experienced and trusted attorney can help you make those decisions in a way that protects your loved ones and property. You will also need to make sure that your plan fits with the financial and long-term care planning you are likely to do in light of your diagnosis.

Long-Term Care

ALS is a progressive disease, and unfortunately there is no cure. This means that your condition will only worsen as time goes on, and with major losses in functionality and mobility, professional full-time care is usually the best treatment option.

Long-term care is available in varying degrees of attentiveness. Assisted living facilities and nursing homes offer a place for residents to go to receive regular care. Hospice is specifically designed to provide companionship and support during the last few months of a patient’s life. It can be administered at home or in a dedicated medical facility.

A contract and care plan will be established upon entering a nursing home. These will spell out current medical, psychological, and social needs. The plan is legally binding, so it is a good idea to consult legal counsel before signing the contract.

Paying for Care

Developing ALS is an enormous financial burden. Exact expenses are dependent on what kind of long-term care patients receive, how long they are in care facilities, and other medical tests and treatments they receive. One thing is certain, though, most people can’t afford to pay for long-term care out-of-pocket. If you do not want to completely deplete your resources, take advantage of available financial aid. Meeting with a financial planner can open up new opportunities so you make the best plans for those left behind.

After you receive an ALS diagnosis, check your health insurance to see if ALS is covered. Adhere to the kinds of treatment options covered in your policy, and stay current with your premiums. Unfortunately, if you do not have long-term insurance at the time of diagnosis, the disease will likely disqualify you from coverage.

Medicare is a federal financial system set in place to cover a number of medical treatments. Unfortunately Medicare does not cover extended stays in long-term care facilities. Medicaid offers more treatment coverage and is still part of a joint federal-state program.

An estate plan is vital because it allows your assets to be distributed at your death in the way you choose and that your wishes are respected. In a previous article, we discussed 4 reasons to create an estate plan; read on for 4 more.

Secure An Education For Family Members

Estate plans can help you fund education for your family members. Some of your children or grandchildren may not have the funds to go to college or university after high school. You can help them obtain an education by leaving them funds. However, there is always a risk when leaving money to a younger person for this purpose (especially if they are under age 18), that the funds may not be used for an education, thereby depriving your beneficiary of the benefit you intended to leave to them. To avoid this, your estate plan can include an Educational Trust, which designates that certain funds are only available for educational purposes.

Provide For Blended Family Situations

An estate plan can help to protect your children and grandchildren’s inheritance from unconventional situations that sometimes arise in a blended family. Sometimes one or more of your children may get married and divorced, your grandchildren will have stepparents, or other situations may arise in which someone who is not a blood relative may be in a position to wrongfully deprive your family members of assets you intended for them. An estate plan becomes of paramount importance in these situations, because it greatly increases the likelihood that your assets will be distributed in the way you intended.

Help Plan For Potential Nursing Home Stays

Your estate plan can be designed to help protect you and your family from losing money to nursing homes. A stay at a nursing home can be extremely expensive, and a large burden on the family of the nursing home resident. A properly designed estate plan can ensure that your family still has funds to care for themselves after you or your spouse have stayed in a nursing home.

Address Specific Needs

A properly designed estate plan is not a one-size-fits-all proposition. The estate planning needs of individuals and households vary widely, making it crucial to work with a professional who can tailor your plan to your particular needs, and those of your beneficiaries. An estate plan can allow you to list specific assets and to whom they should be given. If family members have particular needs you can also plan and accommodate those needs.

We Can Help You Create An Estate Plan

If you would like to create an estate plan, we are happy to assist you. Our estate planning attorneys are knowledgeable, experienced, and prepared to guide you through the process. We believe that no matter what your financial situation may be, an estate plan is crucial in ensuring that your wishes for distribution of your assets are respected. Please reach out to us today to schedule an appointment with one of our attorneys.

The older that you get, the more important that it is to think about writing up a will. But what happens when someone dies without a will? Wills are important documents that designate where the possessions of someone will go after they die. Wills create autonomy and allow for people to have greater control over their assets, even after their death. We will be diving into wills and what not having a will at the time of death will mean in the following article.

What Is A Will?

Before we can get into what happens when someone dies without a will, we must discuss what a will is. As previously mentioned, a will is a document that designates where the possessions of a person will be distributed after their death. A will can designate who different possessions will go to including family members, friends or charities. However, wills also have other purposes. The name of a will executor can be listed in a will, specific accommodations can be made for minor children, children with disabilities, and pets, and debts can be taken care of with a will.

What Happens When Someone Dies Without A Will?

Now the question of what happens when someone dies without a will can be answered. When someone dies without having a will, none of the potential heirs will have any rights to or say over the person’s estate. The property will then have to go through the probate process. The probate process involves the estate going through probate courts where the courts will decide how the property will be distributed. The probate process can be very complicated taking months or even years to complete. The legal fees to go through the probate process are typically very costly and are paid out of the estate.

How Is An Estate Distributed Without A Will?

You may ask how a person’s estate will be distributed without a will. Different states have different laws as to how they deal with probate distribution, but typically the property will be split between the surviving spouse and any children. The reason why a will is important is because people may have other individuals that they would like their property to be inherited by. If the person does not have any living spouse or children, the courts will decide to which relatives an estate will go to. Typically charities, unmarried partners, and friends do not receive any inheritance if a person dies without a will.

When To Write A Will

It is now obvious that writing a will is important. Many adults may not think that they need a will because they are years away from probate. However, it is never too early to prepare. In most states, individuals can write their first will when they are 18 years old. Times when you may want to update or consider getting a will may include when you purchase large assets, get married, or have children. The later in life that a person is, the more crucial a will becomes.

Do You Need Help Writing Up A Will?

If you or a family member needs help writing up a will, it is important to reach out to an experienced and knowledgeable probate attorney. We at Stevenson, Smith, Hood, & Knudsen offer expert options when it comes to writing a will and other probate documents. We also are well-versed in probate court. So if a family member’s estate is moving through probate, we can offer legal advice and assistance. If you would like to get in contact with of one of our attorneys or would like to begin writing your will, feel free to reach out to us at Stevenson, Smith, Hood, & Knudsen today.

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