It is now official in Connecticut, that if your husband or wife needs nursing home care, you can protect not only the family house, plus about $110,000, but also a significant amount above the $110,000 by buying an immediate annuity with special conditions. This came about on August 11, 2010 in a Federal Court decision, Lopes v Starkowski. The State of Connecticut has decided to appeal the decision, so there is some degree of uncertainty. But if successful, all Connecticut residents, in a husband and wife situation, could keep extra assets, above and beyond the $110,000 previously allowed.
If we had a crystal ball and could see into the future, we would not need to plan ahead for end of life decisions. We have seen many clients through the years where a spouse had a sudden stroke making it impossible to communicate with the family. Neither the spouse nor children knew anything about the financial or medical information. Besides having to locate important documents, the family is then left to make their own decisions about long term care and may have difficulty dealing with medical personnel or financial institutions.
A good New Year’s resolution might be to solve the problem of an elderly relative who should no longer be driving. It’s not an easy task, and I can still hear my mother’s words, “Don’t you take my car away from me.” The car is not only the means to independence for most Americans, but it is also a symbol of independence.
There are certain common questions on Wills that everyone asks. The first question is usually, “Do I need a Will?” If you don’t have one, the laws of Connecticut will dictate where your assets go, and the person named to handle your Estate may not be the person you would have chosen. For many people, the Connecticut law will send property to your spouse, and if your spouse is deceased, to your children. But if you are married for a second time, the rules change and the law may not provide what you desire.