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America’s Aging Population and the Case for Personal Preparedness

Thursday, January 7, 2016 @ 07:01 PM
Brian Montague

According to the Administration on Aging, the number of Americans over 65 years of age will more than double over the next fifty years. The number of Americans 65 or older, which numbered around 45 million in 2013, will exceed 98 million by 2060.

It behooves lawyers and clients alike to be aware of the legal and personal implications of aging. Issues ranging from financial abuse of the elderly to the need for proper estate planning are likely to garner greater and deserved attention as the population matures. Further statistics are illuminating and troubling.

A recent MetLife Insurance study suggests that older Americans lost at least $2.9 billion to financial exploitation by a broad spectrum of perpetrators in 2010. For the many of us with loved ones who have been victimized, the issue strikes close to home.

Planning ahead for financial well-being and the possibility of diminished financial capacity is critical. Brandon Borgmann, an estate planning attorney in Columbus, Ohio, comments, “Most clients fail to think about potential incapacity when it comes to estate planning. Failing [to do so] can have a devastating effect on a client’s estate. An unsettling number of people prey upon incapacitated people for financial gain.”

Planning and vigilance are both a personal and family responsibility.  Common sense steps as a family include talking with loved ones and educating them on risks, solicitations, and scams, learning the signs of elder abuse and financial fraud, getting to know your loved one’s team (financial, medical, and dental), setting checks and balances to minimize chances of fraud, and becoming familiar with loved ones’ planning documents.

Personal legal preparedness is equally important and in many instances will include well-drafted and responsibly used financial powers of attorney and certain asset protection trusts. If you have questions about these devices, or about related matters of living wills and medical powers of attorney, please feel free to contact this office.

Written by Brian Montague

Brian Montague

A fourth generation Hattiesburg native, an Iraq and military veteran, and a 1983 graduate of the University of Mississippi Law School, Brian Montague has established an AV rated, well-respected neighborhood law practice focusing on trying cases in state and federal court, corporate and transactional work, insurance defense and coverage, personal injury and wrongful death, residential construction and development issues, and estate probate and administration.