Studies show that older Americans prefer to stay in their own homes if possible. While many consider in-home care preferable to institutional care, there are public benefits and legal considerations, some of which may be quite unexpected. Why, then do most estate plans fail to even mention, let alone resolve, this most important objective?

In order to ensure that you remain in your own home for as long as possible despite a worsening medical condition, one must first implement an estate plan designed to avoid and discourage guardianship. The estate plan should additionally empower, and educate, the decision-maker (usually a successor trustee) to utilize non-institutional care alternatives.

Of course, failure to consider this important objective in an estate plan, or failing to implement the objective, can cause a result many consider worse than probate at death: institutionalization. For even more information, consider the separate topics pages for Aging in Place, or attend one of our free Aging in Place workshops.