Social Worker – Part of the Estate Planning Team

Introduction/Overview: Everyone thinks of
their attorney, and probably their insurance agent, when thinking of estate
planning. We’ve always advocated a team approach with all advisers. You can’t
plan well if your investment adviser and CPA aren’t involved. But for many
families more is needed. In many instances, a Social Worker or similar
professional can be a key partner in the estate planning team.

√ Question: What role might a Social Worker
play in an estate plan?

√ Answer: The most obvious, which is growing
in importance, is using an independent Social Worker or geriatric consultant to
evaluate the needs of a particular person. For example, if you have an elderly
parent, having a geriatric consultant complete an assessment advising as to
care needs, and other vital matters, can be essential. This can help assure a
loved one the best care, use scarce resources properly and, to the best
advantage of your loved one, inform you of programs that might help that you
were not aware of, etc.

√ Question: With the aging population, the
incidences of what is called “elder abuse” and, in particular, “elder financial
abuse” are rising. Is there a role the Social Worker can play to help protect
against these risks?

√ Answer: Certainly. If the Social Worker
meets the elderly or ill loved one in their home or wherever the live, they
often can pick up on signs of a range of different issues that a meeting in a
lawyer’s office or at an investment advisers office will never indicate. This
can be one of the most important steps to protect a loved one.

√ Question: Who should be used? If the family
member has a Social Worker, should they create the report since they are
familiar with the person involved?

√ Answer: That is possible, but in a lot of
situations the independence can be valuable. There are situations when the
current people involved in the care program miss an issue. Sometimes there are
gaps in coverage or care. Having an independent fresh eye on the matter can
often be helpful. If this is not practical from a cost or logistical
perspective than certainly current people can be used.

√ Question: Many children live at a great
distance cross country from an elderly parent. How does this idea apply to
them?

√ Answer: If I were a child living in
California and had an ailing elderly parent in New York, I would get a lot of
comfort of knowing an independent Social Worker with no ties to any institution
or medical provider serving my parent were doing an independent evaluation and
sending it directly to me without current caregivers filtering it. This is a
great tool in this type of situation.

√ Question: Are there any legal steps to
consider in making this happen?

√ Answer: Absolutely. While a loved one may
be able to orchestrate this with no advanced planning, taking proactive planning
steps can be a huge help. A power of attorney should expressly authorize the
agent to hire a Social Worker and obtain such a report. It might even require
it periodically. A living will or health proxy may instead authorize the health
care agent to handled this which might be a better choice. Then, the power of
attorney could direct the financial agent to pay for the Social Worker hired by
the health care agent. Similar provisions can be built into a living trust as
well. If an institution is involved as a trustee, this is a great way for the
family to assure that they are really giving the attention to the matter. Many
families are fractionalized, and disputes too often erupt over the care of an
elderly parent or other family member. Sometimes the arguments are over care,
sometimes over cost. Having a written care plan prepared by an independent
consultant may avoid these issues. Finally, a HIPAA release authorizing access
to medical records may be essential to this process.