When, Why, and How to Talk About End-of-Life Care

Takeaways

• Having an open, honest discussion with your loved ones about what you would prefer for your end-of-life care can be helpful in preparing for the unexpected.

Talking about death, especially one’s own death, remains a topic that most people avoid thinking about or openly discussing. However, avoiding conversations about death and end-of-life care can lead to discomfort, confusion, and unfulfilled wishes in the long run.

According to AARP, 85 percent of adults over the age of 45 say they’re comfortable discussing end-of-life issues but seven in 10 of them admit that the topic is generally avoided. By avoiding planning for end-of-life care and failing to discuss preferences with our loved ones, we do them a disservice. Without knowing our wishes, they will have to guess what our preferences are, and conflicting views may create unnecessary tension.

Whether you are in perfect health or facing a serious medical issue, discussing your wishes for end-of-life care and creating an estate plan to formalize those wishes can give you and your loved ones invaluable peace of mind now and for the years to come.

Why End-of-Life Conversations Are Important

Conversations about end-of-life care can provide you and your family with an opportunity to address wishes, values, and preferences related to medical care, financial matters, spiritual support, and legacy planning. They help reduce uncertainty and stress during emergencies and empower family members to make informed decisions.

For instance, discussing and formalizing your preferences for medical treatments can ensure that you receive the care you would want and remove the burden of those difficult choices from your loved ones. Doing this will reduce the chance of disagreements and conflict among your loved ones over the type of care and end-of-life treatments you receive.

When to Have the Conversation

It’s never too early to begin discussing end-of-life care. Ideally, these conversations should occur long before a crisis arises. Here are some key milestones when these discussions should take place:

• Early Adulthood: Once an individual reaches adulthood, they should consider creating basic legal documents such as a health care directive, which can include a living will and a health care power of attorney.
• Major Life Events: Marriage, parenthood, retirement, or a significant medical diagnosis can be appropriate times to reassess and document end-of-life preferences.
• Chronic Illness Diagnosis: A long-term health condition often prompts deeper discussions about future care.
• Aging Parents or Loved Ones: When supporting aging relatives, you want to make space to discuss their care preferences and estate plans. This can serve as a segue to talking about your own preferences as well.

Preparing for the Conversation

There are different ways to make end-of-life decisions and to discuss those decisions with loved ones. Before broaching the subject with loved ones, you may find it helpful to consider your preferences and jot them down. Here are some things to consider when starting your list of topics to discuss.

Health Care Decisions

Take some time to think about which medical treatments you would and wouldn’t want if the occasion for them should arise.

• Would you want to be kept alive artificially for as long as possible?
• Would you rather forgo treatments for a terminal illness or injury if they are proving ineffective?
• Where would you prefer to spend the last weeks or days of your life? In a hospital? In your home?

These are questions your loved ones should know the answers to in case you ever become unable to communicate with them. By completing a living will, you can put these wishes in writing and make them official.

Your Health Care Agent

Choosing a health care agent (as well as backups) is an important part of the end-of-life planning process. Choose people who know you and are familiar with your values and health care wishes. Make sure they would be willing to carry out your wishes regardless of what other family members may say.

Memorial Wishes

Write down any wishes you have for arrangements after you die. Decide what you want to happen to your body after you are deceased. If you want your body cremated, specify what you want to happen to the ashes.

Decide what type of funeral service or celebration of life you would want. Some people give specific instructions for their service – from what colors their loved ones might wear to what music to play.

Overcoming Barriers to the Conversation

Many people hesitate to discuss end-of-life care due to fear, discomfort, or cultural taboos. To overcome these barriers, you can:

• Acknowledge the Difficulty: Recognize that these conversations are challenging but emphasize their importance.
• Focus on Benefits: Highlight the peace of mind and clarity these discussions provide.
• Share Personal Stories: Relate experiences where planning helped or where the lack of planning caused difficulties.
• Seek Professional Help: Enlist the guidance of a counselor, mediator, or estate planning attorney if needed.

How to Start the Conversation

Approaching end-of-life care discussions requires sensitivity, preparation, and an understanding of your preferences, as well as the emotional readiness of your loved ones. Here are some ideas to help you navigate these conversations effectively:

• Choose the Right Time and Setting: Select a quiet, private space and a time when everyone involved can participate without distractions. Avoid rushed or stressful environments. Perhaps someone you and your family know has recently gone through a situation that raises these questions, and you can use that as a jumping-off point for the conversation.
• Express Intentions Clearly: Start the conversation with an honest explanation of your goals. For example, “I want to make sure we understand each other’s wishes and views and are prepared for the future.”
• Ask Open-Ended Questions: Encourage dialogue by asking thoughtful questions, such as how your loved ones feel about life-sustaining treatments and palliative care. Ask them to describe what matters most to them and what their ideal day would be like. Some people would like to spend as much as time as possible with their family; others might want nothing more than to be able to enjoy a bowl of ice cream with a book or while watching television. There are no wrong answers.
• Be an Active Listener: Allow your loved ones to share their thoughts and feelings without interruption or fear of judgment. Validate their emotions and acknowledge their perspectives.
• Use Resources for Guidance: Leverage conversation guides and other tools from organizations such as The Conversation Project or National Hospice and Palliative Care Organization.
• Follow Up: End-of-life care discussions are ongoing. Revisit the conversation periodically to update plans as circumstances or preferences change.

Topics to Address

There are a few topics that should be central to discussions about end-of-life care. Being clear about your health care preferences, such as treatment options, palliative care, hospice, resuscitation, and pain management, will alleviate confusion down the road.

You may also wish to discuss preferences for spiritual rituals or support if this is important to you or your loved one. For instance, would you want a member of the clergy involved at the end of your life in some way? Would you want to consider working with a death doula?

Expressing your wishes for where you would ideally like to live during the last part of your life will help your loved ones make the necessary decisions if you are ever unable to make them. Discussing the cost of end-of-life care and after-death expenses will help both processes go more smoothly, too. Sharing your personal values with your loved ones can be a guide if they need to make decisions on your behalf.

Next Steps in End-of-Life Care Planning

It is never too early in your adult life to start your end-of-life planning or to talk about it with your loved ones. Make life easier for your loved ones by starting the process sooner rather than later. Your estate planning attorney can guide you through the process and create an estate plan that works for your unique needs and wishes.

Contact us

Questions? Contact us at Elise Lampert, Attorney at Law

   

Elise Lampert, Esq.

Law Office of Elise Lampert

9465 Wilshire Blvd. | Suite 300 | Beverly Hills , CA 90212

Phone: (818) 905-0601 / Email: elise@elampertlaw.com

https://www.eliselampert.com

 

Estate Planning in the Face of Natural Disasters

Takeaways

• Natural disasters such as wildfires, floods, and hurricanes highlight the importance of disaster preparedness in estate planning.

• Such events can destroy crucial estate planning documents, leading to complications like probate delays, disputes, and difficulty accessing medical care. Proactive steps that include secure digital backups and off-site storage can help mitigate these risks.

• Losing key documents in a disaster is distressing, but many can be replaced through agencies like FEMA, attorneys, and financial institutions. Insurance policies may also cover document replacement, and relief programs provide financial and logistical support for disaster victims.

Every year, the United States experiences a large number of floods, tornadoes, hurricanes, wildfires, and other natural disasters, and the frequency and intensity of these events appears to be increasing.

The recent Los Angeles wildfires are a stark reminder of the sudden intensity with which disaster can strike, resulting in the loss of life and property. As survivors begin to pick up the pieces, they may also find that they’ve lost important documents.

The loss of these documents may not only cause immediate issues, such as making it difficult to apply for relief and insurance claims, but also affect long-term estate planning. In addition to storing crucial documents securely in multiple locations, there are proactive steps you can take to build disaster preparedness into your estate plan and ways to replace estate planning documents that have been lost in the wake of a natural disaster.

The Rising Costs of Natural Disasters

Driven by strong winds and dry conditions, wildfires have ravaged Los Angeles to start 2025. These fires have rapidly spread across the region, impacting communities from the Pacific Palisades to the northern reaches of Los Angeles County. As of this writing, more than 31,000 people in southern California are under mandatory evacuation orders.

The fires have caused catastrophic damage, with thousands of homes and structures destroyed. Entire neighborhoods have been reduced to ash, hundreds of thousands of residents have been forced to evacuate their homes, and dozens of deaths have been attributed to the fires.

Economic losses from the Los Angeles wildfires are estimated to be in the hundreds of billions of dollars. Early estimates indicate that the wildfires could be the costliest disaster in U.S. history, surpassing even the losses of Hurricane Katrina. J.P. Morgan predicts they could cost insurance companies more than $20 billion, while total costs could be $250 billion to $275 billion.

Natural disasters are an unfortunate part of life that we have limited control over. Certain areas are disaster-prone, but evidence suggests that both the frequency and cost of natural disasters are rising.

In 2024, the U.S. experienced 27 natural disaster events that each led to at least a billion dollars in losses, and 2023 had the most billion-dollar disasters of any year to date. The annual average for the most recent five years (2020 to 2024) is 23 such events — more than double the 1980 to 2024 annual average of nine events. In 2024 alone, the cost of these disasters was nearly $183 billion.

The time between these events is also shrinking. From 2019 to 2023, there were only 16 days on average between billion-dollar disasters, compared to 82 days in the 1980s.

Natural Disasters, Lost Documents, and Estate Planning

Estate planning takes the approach that life is full of unexpected events and tragedies that can’t be eliminated, but can be hedged against, to some degree, through forward-thinking legal measures.

The two main outcomes that estate planning protects against are one’s loss of capacity and death. But with the rise of devastating natural disasters like the L.A. wildfires, it may also be wise to place measures in an estate plan that account for disaster-related document loss that can complicate or delay administration of your estate and cause confusion and uncertainty for your loved ones.

• If your will is lost and can’t be found, you’ll be considered intestate if you were to pass away without having replaced it. That means the state will decide how your money, property, and other possessions are distributed, which may not align with your wishes.
• The court process known as probate could be significantly delayed if you have lost certain important documents, making it harder for your heirs to access assets and settle your estate after your death.
• Missing documents can lead to disputes among family members and potential legal battles over your estate if you pass away. Your family won’t have clear instructions on your wishes for your assets, health care, or guardianship of minor children.
• If estate planning documents such as your living will or health care power of attorney are lost, your medical wishes may not be known or honored should you lose the ability to communicate them yourself. As a result, your family’s ability to make informed decisions about your treatment or access your medical records could be hindered.
• Missing deeds or titles can complicate the transfer of property to your heirs.
• Without records of your assets, some of your accounts or valuables may be overlooked or lost.
• Lost documents can make your estate more vulnerable to fraud.

It may be easy to think “it won’t happen to me,” but the statistics tell a different story.

According to the Federal Emergency Management Agency (FEMA), nearly half (43 percent) of small businesses never reopen after a major disaster, often due to the irretrievable loss of critical records. However, FEMA notes that businesses that are prepared for document loss and have continuation plans are typically back up and running as normal sooner than businesses without plans.

The need to hedge against worst-case scenarios like a natural disaster is just as real for individuals as it is for businesses. Measures such as cloud storage, portable drives, and fireproof safes can help to protect crucial documents, but they’re not foolproof. Accessing digital files requires a device and Internet connection, both of which might be unavailable after a disaster, and fireproof safes can be lost or damaged in severe events.

Proactive Estate Planning for Natural Disasters

At a minimum, copies of your estate planning documents should be stored in a safe location outside of your home or business. For privacy and security reasons, you don’t want too many people to have access, but you shouldn’t be the only person who knows where these documents are stored and how to access them in an emergency.

One copy can be kept with your attorney, who should already have the most up-to-date information on file. You might also want to give copies to loved ones, especially those such as your executor, trustees, and trusted decision-makers named in your estate plan (e.g., your power of attorney agents).

Make backups that are digitally stored with other important documents on an encrypted cloud service or external hard drive that’s kept in a separate, secure location, such as a safe deposit box. Use cloud services with features that allow you to share specific folders or files with trusted individuals or provide those individuals with login information for the cloud service or physical drive.

Beyond these basic measures, here are some additional ways to strengthen your estate plan against the uncertainties of natural disasters:

• Create a detailed asset list of everything you own and how much it’s worth. After a disaster, this list can help to prove your losses to the insurance company and aid you in applying for disaster relief. If original documents are destroyed, the asset list could serve as the primary record of what is included in your estate.
• Place valuable assets in a trust. Although a trust can’t physically protect these estate assets, they can offer protection against creditor claims that could arise following a natural disaster. Tangible personal property that can be placed in a trust includes real estate, jewelry, artwork, collectibles, and antiques.
• Review property values, especially after a fire or other disaster, and update your insurance coverage and beneficiary designations accordingly if property values have changed.
• Prepare for displacement by making sure you and your trusted contacts can access estate planning documents during a disaster emergency. This information can be part of a “Go Bag.”
• Put clauses in your estate plan that permit immediate emergency distributions to be made to beneficiaries affected by a natural disaster.
• Review health directives so that responders and medical teams can access them in an emergency.
• Consider incorporating charitable giving into your estate plan to support disaster relief efforts.

The Road to Recovery: How to Replace Lost Documents and Other Relief Measures

Losing documents such as birth certificates, medical records, and estate planning documents in a natural disaster can make a bad situation even worse if these documents are unrecoverable. Luckily, it is possible to replace many lost documents by contacting the appropriate government office.

In response to the Los Angeles wildfires, FEMA put out this resource guide for replacing documents — including property deeds, driver’s licenses, insurance policy information, birth certificates, Social Security cards, and passports — lost to the blazes. FEMA says that a good place to start is at a local Disaster Recovery Center (DRC).

If you lose your estate planning documents in a natural disaster, you can also take these steps to recover them:

• Contact your attorney: If you work with an estate planning attorney, they should have copies of your documents.
• Check with the court: If your will was filed with the probate court, you can obtain a copy there.
• Financial institutions: Banks, investment firms, and insurance companies typically keep copies of key client documents.
• County recorder’s office: Copies of documents that were recorded (like deeds and some trusts) can be obtained from the county recorder’s office.
• Online storage: If you use a secure online storage service, you can access your documents from any location. Amid the recent disasters in L.A. and North Carolina, Space X has supplied free Starlink (satellite Internet) terminals to affected areas for those unable to get online.

Finding Relief

State and local governments, as well as private organizations, provide resources and other forms of assistance to natural disaster victims.

• Your homeowner’s or renter’s insurance policy might cover some or all of the costs of replacing lost documents, since they’re considered part of your personal property.
• The federal government has promised to cover 100 percent of the costs of the initial L.A. fire response.
• Victims are also eligible for a one-time $770 payment to pay for essential items. An application can be made online, via the FEMA app, by phone (call 1-800-621-3362), or in person at a DRC.
• The IRS announced tax filing and payment relief to Los Angeles residents and business owners impacted by the fires.
• FEMA also offers recovery tips and assistance programs to eligible fire victims and businesses. It may be able to help pay for certain costs such as replacing personal property, finding a place to stay, and paying for essentials.
• The American Red Cross provides shelter, food, and other vital assistance to disaster victims.
• The Salvation Army has programs and resources to assist disaster victims.
• United Way connects people with local resources and support services.
• Feeding America is working with the Los Angeles Regional Food Bank to distribute emergency food supplies.
• Team Rubicon is a veteran-led humanitarian organization that delivers disaster relief and aid.

Losing your home and possessions in a natural disaster is devastating enough, but the loss of key documents can add another layer of complexity to an already difficult situation.

The L.A. wildfires, although unprecedented in their scope, could be part of a new normal in which natural disasters are more prevalent and more damaging. Within this context, the estate planning axiom of “preparing for the worst” takes on added importance and new dimensions.

To protect your family and your legacy against the very real possibility of a natural disaster, before and after disaster strikes, contact your estate planning attorney.

Contact us

Questions? Contact us at Elise Lampert, Attorney at Law

   

Elise Lampert, Esq.

Law Office of Elise Lampert

9465 Wilshire Blvd. | Suite 300 | Beverly Hills , CA 90212

Phone: (818) 905-0601 / Email: elise@elampertlaw.com

https://www.eliselampert.com

 

Medicaid Applicants: Protecting Your Healthy Spouse in 2025

For millions of seniors nationwide, Medicaid provides a safety net for people who find themselves requiring long-term care. Most Americans aged 65 and older – roughly 70 percent – will need these kinds of services in their later years, according to research. Meanwhile, the cost of long-term care has been rising with every passing year. In 2023, the national median cost for a semi-private room in a nursing home reached nearly $9,000 a month.

Medicaid Coverage

Run jointly by the federal and state governments, Medicaid – which sometimes goes by other names, depending on your state – provides health insurance to low-income populations. If you need to seek Medicaid coverage for long-term care, you may be aware that you must meet strict income and resources limits to qualify. In most states, you cannot have more than $2,000 in “countable” assets to your name to receive these benefits.

So, what happens if you are married? Does your healthy spouse have no choice but to live in poverty? Fortunately, no – states permit the healthy spouses of Medicaid applicants to retain a certain amount in resources to protect them from becoming impoverished.

Community Spouse Resource Allowance for 2025

Each year, the Centers for Medicare & Medicaid Services (CMS) issues updated Community Spouse Resource Allowance (CSRA) figures. These CMS guidelines outline how much of the couple’s assets the healthy spouse can keep while their Medicaid spouse gets the long-term care support they need. Generally, the CSRA increases each year.

Starting January 1, 2025, a spouse who lives at home while their partner receives Medicaid long-term care benefits can retain up to $157,920 in assets (an increase from $154,140 in 2024). Some states apply a maximum CSRA as well as a minimum CSRA. Under federal law, the minimum CSRA in 2025 will be $31,584. State Medicaid programs can then set their own limits within these federal guidelines.

Monthly Maintenance Needs Allowance for 2025

If you receive long-term care benefits through Medicaid while your healthy spouse continues residing at home, you may feel better knowing that your partner can also keep a minimum amount of income each month. The federal government calls this their monthly maintenance needs allowance (MMNA). In 2025, the maximum MMNA will be $3,948 (an increase from $3,853.50 in 2024).

Work With an Elder Law Attorney

The rules for Medicaid can quickly become complex and often vary widely by state. To ensure that you are pursuing the best coverage options for your situation, speak with a qualified elder law attorney in your area.

Contact us

Questions? Contact us at Elise Lampert, Attorney at Law

   

Elise Lampert, Esq.

Law Office of Elise Lampert

9465 Wilshire Blvd. | Suite 300 | Beverly Hills , CA 90212

Phone: (818) 905-0601 / Email: elise@elampertlaw.com

https://www.eliselampert.com

 

Can Money Buy Happiness? Actually, It Depends

Does having more money lead to greater happiness? Some people will say yes, and others will say no. The answer is actually more nuanced. The effect income has on happiness can vary greatly depending on factors such as how much money one already has, cultural attitudes, and individual priorities.

The Initial Boost in Happiness

For people at lower income levels, increasing income has a notable effect on overall happiness and life satisfaction. Research shows that money significantly boosts a sense of well-being when it helps people meet basic needs, including housing, clothing, food, and health care. After basic needs are met, additional income can help a person improve their leisure time or seek less stressful or more fulfilling employment.

The Happiness Plateau and Diminishing Returns

The idea of a “happiness plateau” has been widely discussed. Studies have found that after reaching a certain level of income, where basic needs and some additional comforts are covered, earning more money yields smaller and smaller increases in happiness.

For example, a person moving from $40,000 to $70,000 in annual income might experience a substantial boost in satisfaction, but someone going from $100,000 to $150,000 may feel only a small increase in overall happiness. A 2010 study concluded that a person’s feeling of happiness and emotional well-being begins to diminish above $75,000 (in 2010 dollars).

No True Upper Limit

In contrast to the 2010 study, a more recent study found there actually is no upper income level at which a person’s happiness and well-being plateaus or decreases. Even millionaires can realize increased levels of happiness with rises in their income. This is not to say that more money equals more happiness or overall well-being; it simply implies that, for some people, ever-increasing income can correlate with living a better life.

For about 80 percent of people, happiness continues to increase as their annual income increases beyond $75,000. But for people who are generally unhappy, their unhappiness tends to decrease as their annual income increases to about $100,000. Even after income increases beyond the $100,000 mark, the unhappy people are still unhappy, maybe just a little less unhappy than they were before. One of the researchers who conducted the recent study noted that more money won’t help a person who is rich and miserable.

Cultural and Individual Differences in the Money-Happiness Relationship

The connection between income and happiness can vary significantly across cultures. In countries with high income inequality or in cultures that emphasize material success, the pursuit of higher income might be associated with higher social pressures and stress, potentially offsetting the benefits to happiness. On the other hand, in societies that prioritize social relationships and community, people may place less value on income as a measure of success, which could weaken the link between income and happiness.

Individual personality traits also play a role. People who value material success may feel happier as their income rises, while those who prioritize relationships, personal growth, or other nonmaterial values may experience less satisfaction from increased earnings.

The Downsides of Prioritizing Income Over Happiness

Pursuing wealth for its own sake can sometimes lead to reduced happiness and well-being. Studies show that people who prioritize financial success over other life goals, such as meaningful relationships or personal growth, may experience higher levels of anxiety and lower levels of life satisfaction. The stress of maintaining a high-income lifestyle, balancing demanding work hours, or striving for a wealthier lifestyle can, paradoxically, detract from overall happiness.

Moreover, focusing too intensely on money can detract from the quality of relationships and personal well-being. Spending long hours at work to earn more can reduce time spent with family or friends, contributing to social isolation or relationship strains, which are significant factors in overall happiness.

Money as a Tool for Happiness, Not the Goal

Research suggests that though income can contribute to happiness, it is most effective when viewed as a means to an end rather than an end in itself. When people use income to build secure, fulfilling lives filled with relationships, growth, and meaningful experiences, they tend to experience higher life satisfaction than those who view income purely as a marker of success. Money, in this sense, is best seen as a tool to support happiness rather than the sole source of it.

Creating a Meaningful Legacy

Part of accruing wealth is managing it responsibly and using it to leave a meaningful legacy. By working with experts, such as a financial planner, an accountant, and an estate planning attorney, you can manage your wealth and get the most out of it. Learn how you can protect your wealth for your heirs or favorite charities by working with your estate planning attorney. They can help you protect your assets and plan for the future.

Contact us

Questions? Contact us at Elise Lampert, Attorney at Law

   

Elise Lampert, Esq.

Law Office of Elise Lampert

9465 Wilshire Blvd. | Suite 300 | Beverly Hills , CA 90212

Phone: (818) 905-0601 / Email: elise@elampertlaw.com

https://www.eliselampert.com

 

IRS Announces 2025 Gift and Estate Tax Exemptions

The Internal Revenue Service (IRS) has released its tax inflation adjustment figures for tax year 2025.

Annual Gift Tax Exclusion

Effective January 1, 2025, you will be able to make individual gifts of up to $19,000 in the calendar year (an increase from $18,000 in 2024) tax-free. In other words, giving more than $19,000 to any individual in 2025 means you may have to file a gift tax return. For a married couple filing jointly in 2025, the annual gift tax exclusion will be double that: $38,000.

Estate Tax Exemption

Meanwhile, the IRS has announced that the federal estate tax exemption will jump to $13,990,000 per individual in 2025, up from $13,610,000 million in 2024. Again, married couples’ exemption will be twice that, at $27,980,000 million. Over the course of your lifetime, you would therefore be able to give away up to $13,990,000 (as of 2025) before you owed a federal gift tax.

If the total worth of your estate falls below this amount, your estate will not owe federal estate taxes. (Note that state estate tax is a different matter, which varies depending on where you live.)

The estates of most Americans fall far below the current gift and estate tax thresholds. However, for affluent taxpayers who pass away in 2026 or later, these thresholds are on track to decrease by about half. As a result, a greater number of estates will become taxable. Tax bills could be higher going forward, too.

Note that the IRS will allow you to give away a total of $13,990,000 (as of 2025) during your lifetime before you owe a gift tax.

The End of the Tax Cuts and Jobs Act (TCJA) Is Approaching

At the end of 2025, the Tax Cuts and Jobs Act is slated to sunset unless Congress takes action. The sunsetting of the TCJA will have a significant impact on taxpayers. When the TCJA expires, the federal estate and gift tax exemptions will return to what they were in 2017 (around $5 million, with an adjustment for inflation). To avoid this, lawmakers would have to alter the exclusion limit prior to December 31, 2025.

Work With a Professional

Partner with your estate planning attorney sooner rather than later to strategize about how to plan ahead and take advantage of the current exemption amounts.

Contact us

Questions? Contact us at Elise Lampert, Attorney at Law

   

Elise Lampert, Esq.

Law Office of Elise Lampert

9465 Wilshire Blvd. | Suite 300 | Beverly Hills , CA 90212

Phone: (818) 905-0601 / Email: elise@elampertlaw.com

https://www.eliselampert.com