Those in the sandwich generation carry responsibilities for parents and children.
Throughout history, family members have been dependent on each other.
This trustworthy interdependence has allowed families to overcome many challenges.
Although there is a great emphasis on independence in the United States, perfect independence from others is an illusion.
Children rely on their parents for their daily needs.
Aging parents rely on their adult children for help with daily tasks.
Those who are responsible for both groups at the same time are known as the sandwich generation.
Strategic legal planning can help reduce the pressure felt by these caregivers.
Members of the sandwich generation find themselves responsible for caring for their children and their aging parents.
Individuals in the current sandwich generation may be experiencing different challenges than when their parents were themselves in this role.
Why?
Aging parents born in the 1940s and 1950s have longer life expectancies while simultaneously experiencing more health problems than their own parents and grandparents.
Research conducted by University College London and Oxford University indicates this generation of seniors has a higher chance of suffering from multiple health issues like obesity or diabetes.
Such medical issues can complicate caregiving.
The caregivers of the sandwich generation are also navigating new, unique challenges with the younger generation as many children are experiencing mental health issues or remaining at home longer as a result of financial concerns.
Trying to support both generations can be a daunting task.
Having no legal planning in place can exacerbate the financial and emotional costs of caregiving.
Working with an experienced estate planning attorney to create documents addressing incapacity can help those in the sandwich generation more easily support their loved ones as the health of their aging parents declines.
What estate planning documents are essential to caregiving?
Powers of attorney.
Power of attorney documents allow your parents to designate someone to make medical or financial decisions on their behalf if they cannot do so themselves.
Health care directives.
Health care directives outline wishes regarding medical care so there is no ambiguity around how to respect the choices of the aging parent.
Guardianship and conservatorship.
Guardianships and conservatorships occur when the courts appoint a trusted individual to oversee the care of someone who cannot care for himself or herself.
By taking legal action now, you can prevent family discord over emotionally charged topics like health and finances.
Without a plan in place, families will be forced to navigate challenging legal issues as they arise.
The lack of clarity can trigger confusion, arguments, and costly court battles over care.
Additionally, those in the sandwich generation may be responsible financially for both the needs of their children and their aging parents.
While not as common, some caregivers find themselves responsible for their own needs as well as those of their children, parents, and grandparents.
Yikes!
Individuals responsible for four generations are considered the “club sandwich” generation.
Estate planning is essential for all adults.
Do not wait until you face health challenges or other crises.
If you delay estate planning until you need it, your options will be limited.
If you complete your estate planning before caregiving is required, you will enjoy peace of mind knowing your wishes have been clearly communicated.
An estate planning attorney can help you set up the legal framework required for sandwich generation caregivers to provide financial and medical support to loved ones.
If your family requires assistance with Medicaid planning for long-term care, your estate planning attorney may refer you to an elder law attorney.
Ultimately, the support of an estate planning or elder law attorney will enable caregivers to spend more time focusing on their families than on legal and financial issues.
If you are a member of the sandwich generation or know your children will soon be in this role, you can get greater peace of mind in the midst of a challenging time with proper estate planning.
Request a consultation today if you do not have a plan in place.
Estate planning preserves and protects the wishes of aging parents regarding their finances and healthcare.
As a result, family members can have direction and authority to act in times of crisis while simultaneously avoiding conflict over these decisions.
For sandwich generation caregivers to have legal authority to make medical and financial decisions on behalf of their aging parents, the parents must have powers of attorney and healthcare directives.
In the end, proper estate planning can help reduce the financial and emotional strain on all family members.
This post is for informational purposes only and does not provide legal advice. You should contact an attorney for advice concerning any particular issue or problem. Nothing herein creates an attorney-client relationship between Harvest Law KC and the reader.
Reference: The Guardian (Oct. 13, 2024) “Guilt, Worry, Resentment: How the ‘Club Sandwich’ Generation Juggles Caring for Parents, Children and Grandparents”
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