Tuesday, November 16, 2010

Don't leave it to your kids to do

I grew up in a family where there was a good work ethic.  We were taught to hard work hard and become self sufficent at an early age.  I started my first paid job while I was still at primary school, packing fruit at an orchard on a Thursday and Friday after school.  It was a wonderful feeling having earned my own money and then being taught how to save for a ghetto-blaster.  Our mother never wanted us to ever be dependant on anyone else for our financial survival.  As a result, I have never expected to receive any kind of inheritance and try to encourage my parents to enjoy their life and retirement with their own money and assets.  If in the future my parents require rest home care (their preferred option to being looked after by family), we would all be fine with selling the family home to pay for that care because my siblings and I all share that same basic ethic.

While that is our family's experience, it seems for others their perceived right to an inheritance governs a lot of their behaviour.  Greed and spoilt maybe?  It is particularly noticeable in conflict family over trying to manage assets and determine the appropriate care for their family members when they can't do it for themselves any longer.

For one such family I know, the son was adamant the family home wouldn't be sold until the person had died.  This meant they would be required to pay for the on-going care out of their own pocket because they couldn't receive the Governments Subsisty for Long-Term Residential Care while they still had such an asset. The younger sister is not working and can't afford to pay for the care required.  This person is likely to live for many more years and this issue will continue to cause on-going conflict as the debt mounts.

Another family, the eldest daughter of an elderly woman went and changed the GP of her mother.  He had been a family GP for many years, whom the mother liked.  All because the GP sided with the younger sister about her mothers care and the older sister had 'Power of Attorney' over her care.

Again, a different family fighting because one visits less than the other.  Apparently love is defined by who lives closer and therefore visits the most.  The list goes on and on.

Would having a 'will' and 'living will' make this process a little smoother?  Well, possibly, but not always!  They do make it easier for us to advocate for a patient around their care but they don't always solve the issues within the family. 

Maybe, we could say these people are just self-centred spoilt brats or that they are having issues adjusting and working through their own grief process.  I however, think it's a little more complex than that.  With the majority of such cases I have seen, it is when the mother requires the care that these incidents arise.  Mostly, when that mother has been a very strong matriarchal figure within the family.  Almost without exception the children revert back to some primal instinct of fighting to assert themselves as head of the pack now the leader has fallen. With most primates this is done through share physical brunt strength, but with humans, it is done through power and money (or assests).  Who has the most can roar the loudest and take over control of the pack.  Maybe, it's not that simple but it all makes for an interesting dynamic when you sit watching from the side lines.

So please people, be sure if you do nothing else, you write a will and living will for when you can no longer speak for yourself.  You may never need it until your are elderly and infirmed, then again you could need it next week following that motor vehicle head injury or that massive stroke.  Talk about these issues NOW and don't let your children be burdened with these decisions just because you are not willing to consider your own mortality.

What will become of your children if something happens to you?  What care do you want for them and for yourself and  how should this be paid for?  Do you want active management and resuscitation?  What do you want done with you assests?  What are things that are important for you at that time?  Who do you want as your Power of Attorney for your assets and  for your care (it can be a bit dicey having the same person doing both)?  What funeral arrangements do you want made?  All these things need to be written down and talked about.  Give a copy of your living will to your GP for their file and pick people you trust for these Power of Attorney positions and not just because they are the eldest son or daughter.  Hopefully, this will make all ours lives a little more peaceful!! 

3 comments:

  1. Very interesting post, and I agree family members need to remember the best options for their parents quality of life, verses their own inheritence.
    It seems like the problem with the family member not wanting to sell the family home, could have been helped by selling the home to put the money in a family trust, instead of family members needing to get in debt themselves is just crazy, when funding is available to help pay for care.

    This was interesting to read from the link listed.
    The average cost of rest home and hospital care is between $25,000.00 to $35,000.00 per annum approximately.

    It will be readily apparent that your lifetime savings could rapidly disappear within a few years under the requirements of this income/asset test. The practical effect is that an accident or illness out of your control could result in potentially all your assets you have saved and built up being eliminated except for those amounts that the regime allows you to retain.

    However, if your assets are transferred to a Family Trust for all or most of the advantages they can provide, this can have the result of protecting your assets in this situation.

    Under the present policy, before a person becomes eligible for a residential care subsidy, they must disclose any asset parted with within the immediately preceding five years. This is the policy at present applied by WINZ.

    For this reason it is important that assets are placed in a Trust sooner rather than later.

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  2. Ah! The fighting over the parents assets, that is a never ending topic for so many families. Why can't all the kids get on the same page and do their utmost to love, protect their parents and when they are dead, receive what their parents left them with some dignity.
    Even leaving a will is no guarantee that your worldly goods will end up where you want them to go, or your care in hospital will be what you wanted when the misty veil of greed comes down over the kids eyes.
    Never give the power of attorney to any of the kids, give it to a neutral person who you trust to do what you wish, then the kids never get to fight about you and your assets when you become infirmed, or dead and they will remain friendly with each other.
    An interesting subject Alex, one that causes so much grief in families.

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  3. Thank you for your comments. Yes, a family trust is a great idea to protect your assets though you can't really transfer the whole house in one go without being hit with a huge 'gifting tax' by IRD. Generally people transfer up to $27,000 of the assest each year across to the trust to avoid this tax. This link may explain it better. But you are right Diana, the sooner you do this the better as it can take a number of years to transfer a whole property.

    http://www.sorted.org.nz/node/49

    I agree mamarewog that having your kids as Power of Attorney is not ideal. It often causes conflict in the family, particuarly if there is no wills and they can't all agree.

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