Author Archives: Daniel Eccher

About Daniel Eccher

Attorney Daniel J. Eccher enjoys helping clients figure out how to afford long-term care while having something left for their family. He also enjoys helping couples establish estate plans such that their children will be provided something upon the couple’s death. Dan has a particular interest in estate planning for same-sex couples. He has been in legal practice in Maine since 2014.

“Finding your Feet” – Planning for Incapacity

Posted on April 21, 2018

I went to see the movie “Finding Your Feet” at Railroad Square Cinema in Waterville yesterday. Why does a feature film get a mention in my blog, you wonder? Well, without giving too much away, the film was a wonderful celebration of life and chance for renewal – even later in life. Also, one of the characters suffers from Alzheimer’s disease. (For more about the movie, check out the New York Times review: https://www.nytimes.com/2018/03/29/movies/finding-your-feet-review.html.)

Among the many sad aspects of Alzheimer’s is the loss of one’s capacity to make legal decisions. The potential loss of capacity – not only from Alzheimer’s, but a stroke or a freak accident at any age – is one of the reasons we recommend that almost everyone should prepare a durable power of attorney and advance health care directives. If someone loses capacity without having prepared either of these documents, it can be very difficult for loved ones to handle the person’s affairs. Often family members end up having to go to court to get a guardianship or conservatorship, a much more time-consuming, difficult, and expensive process than preparing power of attorney and advance health care directives ahead of time.

Another issue related to Alzheimer’s disease is the high cost of care. In “Finding Your Feet,” part of the story was that the husband of the character with Alzheimer’s disease had to sell their house to pay for her care. In Maine, Alzheimer’s care can cost as much as $10,000 a month, and many people live with Alzheimer’s for many years. Unfortunately, Medicare usually does not cover this type of care. Medicaid often does cover institutional care for individuals with Alzheimer’s disease, but the eligibility rules can be difficult to figure out.

If you would like advice about either planning for incapacity or paying for long-term care or both, give us a call at (207) 377-6966.

My Spouse Just Died – Now What?

Posted on February 7, 2018

by Daniel J. Eccher, Esq.

The period immediately following the loss of a loved one can be overwhelming emotionally. The most important thing to figure out immediately is how to carry out your loved one’s wishes as to organ donation. Next, get in touch with family and close friends – the people you don’t want hearing about it from an obituary or the media, the folks you turn to when you need support. Then, you need to make arrangements for the body. Did he or she want to be buried or cremated? If the latter, what did he or she want done with the ashes?

If you don’t know what funeral home to use, you may want to ask friends and family for advice.

The next step is planning for the ceremony (if any). Did he or she want a religious or secular ceremony, or perhaps just a “Celebration of Life” party? If he or she was a veteran, the VA web site has lots of information about options: https://www.cem.va.gov/funeraldirector.asp

Once the ceremony is arranged, you’ll want to let people know when and where it is. Usually people announce it in a formal obituary. If you don’t feel up for that, you can ask another family member or close friend for help. Alternatively, you can just use a simple announcement.

After the funeral, you’ll want to start thinking about the legal effects of the event. You’ll need more than one copy of the death certificate (I would recommend getting at least three). Next, you’ll need to inform the Social Security Administration, insurance companies, and banks. Then, you should consider contacting an experienced probate attorney. If you don’t already have a relationship with one, we would be happy to consult with you.

For a list of things that we will need, check out Ms. Wagley’s blog post on the topic here:

https://leveyandwagley.com/probating-an-estate/how-to-probate-an-estate-in-maine

For a more thorough checklist of what to do after the death of a loved one, follow this link:

https://www.aarp.org/home-family/friends-family/info-06-2012/when-loved-one-dies-checklist.html

Do you want to make some of this process easier for your loved ones before you die? Check out our page on estate planning: https://leveyandwagley.com/estate-planning-and-probate