Gold’s Legal Minute*GLM*
By Allan Gold, lawyer Montreal and elder law attorney
Vol. 16, #6 – June 30, 2025
GETTING AFFAIRS IN ORDER: Gold’s 2025 ‘TOP -10’ To-Do List For Seniors (Part 2)**
OPENING
I’m sorry to say that we’re not getting any younger. Indeed, we’re much closer to the end than the beginning. Of course, each of us will die one day. As we age, there is greater risk of serious illness. Some of us will suffer from dementia: Alzheimer’s disease, which might lead to legal incapacity. It’s therefore prudent for every senior to organize oneself in anticipation of death or incapacity.
“I must get my affairs in order” is a common refrain among seniors. Many say it, but don’t get around to doing it. One reason is they really don’t know what that means. In other words, they don’t know what they’re supposed to do.
As a lawyer Montreal, elder law attorney, I’ve seen things. While it doesn’t quite reach the level of “fact is stranger than fiction, ” many situations are truly eye-openers. Based upon this experience, I’ve compiled the 2025 version of GOLD’S TOP –10 TO-DO LIST for seniors.
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“Estate planning is important for everyone, whether they are dead or alive. A colloquial phrase used to describe it is “getting your affairs in order” (i.e., taking the time to organize and pre-plan legal documents, financial accounts, property, and personal/medical data).” 1
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Gold’s 2025 ‘TOP -10’ To-Do List For Seniors
To do, or not to do, that is the question.
#6 –Become informed about critical matters.(Cont’d)
The only things certain in life are death and taxes.” Last time. I spoke about taxes. Today, I’ll address death and matters ‘killing you softly.’
- ‘Palliative care’ versus ‘End of life care.’ It’s not a “tom-ah-to” – “tom-ay-to” thing. They’re not the same thing. “Hospice/palliative care is aimed at relieving suffering and improving the quality of life for persons who are living with, or dying from, advanced illness or who are bereaved. Palliative care is a special kind of health care for individuals and families who are living with a life limiting illness that is usually at an advanced stage. The goal of palliative care is to provide comfort and dignity for the person living with the illness as well as the best quality of life for both this person and his or her family. A “family” is whoever the person says his or her family is. It may include relatives, partners and friends.”…”End-of-life care, specifically, is the support and medical care provided during the time surrounding death, not just in the moments immediately before “1 “Palliative care can be rendered together with curative treatments. End-of-life care, on the other hand, is geared towards those nearing the end of life, in the last six months, providing comfort and support.
- Loss of your life’s savings. It can happen to you. Here’s how.
- Elder financial abuse. It’s “a type of elder abuse in which misappropriation of financial resources or abusive use of financial control, in the context of a relationship where there is an expectation of trust, causes harm to an older person.” 2 Be careful who you trust. Choose well. Take precautions like monitoring your money.
- Scams. That’s “a fraudulent or deceptive act or operation:”3 If it sounds too good to be true, Recognize that it probably isn’t. Be skeptical. If someone is pressuring you. Say you need some time and count to one hundred. If someone telephones, Ask for a name and phone number and say you’ll call the person back. When you get an email or text from someone you don’t know, Assume it’s fraudulent and don’t open it until you’ve checked it out.
- Regardless of how you suffer the loss, you’ll feel grief. It’s painful because you might attribute the asset depletion to your own action or inaction. After losing everything, you might say, “My life is over.” It’s not – but it could be the death of you.
#5 – House & Home
There are dangers lurking in the place where you live. You need to be aware of such things and be proactive.
Issues of Leased Dwelling. An elderly tenant might have problems. If on a fixed income, he/she might be hit with an increase of rent, making his/her flat unaffordable. A landlord might attempt to evict a lessee. Or he/she might want to repossess the dwelling.
Risk of Living Alone. The home of a senior living alone could become a death trap! The tragic demise of Gene Hackman is testament to that. One simple precaution is to write a note or inform family members that, if and when, you’re alone, you desire a daily welfare check. And it’s your wish when the time comes, to have the following: Bracelet indicating health issues; Fall Alert for Elderly -the so-called ‘panic button.’ (N.B. Such is a “wearable or portable device, like a key fob, that’s designed to summon help in an emergency situation.”)
Caregiver – friend or foe? Most are wonderful. But there are some bad apples. They can make life a living hell. I’m speaking about elder abuse. These predators intentionally inflict pain (physical or emotional), neglect or financial exploitation. They can cause serious harm.
Brother-sister fight (post parent death). I’ve seen complications following the death of a parent, arising from an adult child living at home. The problem is that the non-resident siblings want to lease or sell while the in-home adult child wants to stay put. And that’s when it hits the fan! Most people don’t realize that this can be a potential problem.
#4 – Funeral expenses, burial plot, etc.
You know, your family and friends aren’t mind readers! They don’t know what you want unless you tell them. By all means, raise the subject and have the ‘talk.’ And please consider making these final arrangements yourself. This includes choices such as burial or cremation, final resting places, and other specific requests related to funeral, burial, etc. Should cost be a factor, be informed that life insurance over 50 provides a tax-free payment after death. Your loved ones can use the money to pay for such expenses. Prepayment is also a good idea. Inflation could increase prices. Additionally, inflation erodes the value of our money thusly increasing cost.
#3 – Senior Entrepreneur
When starting out on your own, you went after your dreams. Just because you’re further along in your career, that’s no reason to change now. You still have ideas and goals. Take charge. You started a company. You built the business. Figure out how it shall transition. Develop an Exit strategy. If you have a business and partners, make a partnership agreement. The same goes if you have co-shareholders in an incorporated corporation. Make a shareholders’ agreement. And think about creating a voting trust arrangement. Such allows a founder to set the company on a path, pursuing growth and business opportunities, lessening worry about insider restraint. All this to say, thinking ahead can help avoid messy in-fighting after you’re gone.
#2 – Health related documents.
As we age, it’s likely that many of us shall have health issues. Some could adopt a destiny mindset and say “ Que sera, sera…” That means ‘whatever will be, will be.’ Others could take a ‘wait and see’ attitude. Of course, something might happen and it could then be too late. Some of you might chance it. Others might not want to take that risk. They could make an Advance medical directive – also known as a power of attorney (POA) in the event of incapacity.In Quebec, that’s a Protection Mandate/Mandate in the event of incapacity. They could put in place a ‘Do-not-resuscitate’ (DNR) order. Indeed, such are the means of having your say when you cannot speak for yourself!
#1 – Estate Documents.
A Hobson’s choice is a free choice in which only one thing is actually offered. The term is often used to describe an illusion that choices are available. The best known example is “I’ll give you a choice: Take it or leave it”, wherein “leaving it” is strongly undesirable.
But with a last will and testament (aka will), you really do have a choice.
If not ready to make a will, let me try to convince you. Did you ever order “chef’s choice” and you disliked the dish. Or did you ever tell the waiter, “I leave it up to you” and the meal was awful. If you don’t make a will, you likewise might not like the result. So make a will and do it your way!
NOTEWORTHY
Allan J Gold is now featured in FeedSpot Top 90 Canada Law Blogs. Check it out at https://bloggers.feedspot.com/canada_law_blogs/
CONCLUSION
As a lawyer Montreal, elder law attorney, I want to reduce anxiety for seniors in their golden years. Such is possible when they know that everything that needs to be done – has been done. That’s a prerequisite for one being at peace when the time comes. With that in mind, I submit for your perusal this to-do list. Nudge, Nudge – I’m trying to light a little fire under your butt. It’s not only for your own good. Acting now might reduce problems for your legatees/heirs!
ALLAN GOLD, lawyer Montreal, elder law attorney.
www.allanjgold.com
NOTICE – CAUTION –DISCLAIMER
The material provided herein is of a general nature, strictly for informational purposes. The interpretation and analysis is not to be misapplied to a personal situation with a particular set of facts. Under no circumstances, are the herein suggestions and tips, intended to bring a reader to the point of acting or not acting, but instead, the hope is that they are to be a cause for pause and reflection. It is specifically declared that this content is not to be a replacement of, or a substitution for, legal or any other appropriate advice. To the contrary, for more information on these presents, related subjects or any other questions, it is the express recommendation of the author that everyone seek out and consult a qualified professional or competent adviser.
1 https://www.mcgill.ca/palliativecare/council-pc/learn-more-about-palliative-care
2 https://en.wikipedia.org/wiki/Elder_financial_abuse
3 https://www.merriam-webster.com/dictionary/scam
Tags: #arrangeinheritanceplan, #estateplanning, #lastwillandtestament, #powerofattorneyincaseofincapacity