How do Martial Arts Relate to Elder Law Planning?

Many clients consult with attorneys in our firm in order to make plans to deal with the effects of aging on themselves or their parents. With proper planning we are able to help families preserve assets in the face of daunting long-term care expenses. These long-term care expenses are often the result of the loss of mental capacity due to medical conditions such as Alzheimer’s disease.

Medical researchers still do not know the precise causes of many dementia causing diseases such as Alzheimer’s disease. However, one of the frequently cited ways to reduce the chance of an individual developing Alzheimer’s disease is to lead an active lifestyle which includes substantial and regular aerobic activities. There also seems to be some indications that higher levels of education early in life may help ward off dementia in later years.

As a certified elder law attorney I am seeing firsthand the debilitating effects that dementia inflicts on my clients and my clients’ loved ones. In an effort to ward off such a condition for myself I have dedicated myself to regular and vigorous exercise programs which include swimming, martial arts, and bicycling. My personal goal is to average over one hour per day of vigorous aerobic activity. I do not know for certain that these activities will prevent me from being stricken with dementia but I am absolutely convinced that the effort is worth taking. I happen to derive a measure of enjoyment from these activities and believe that these activities enhance the quality of my life.

There are parallels in the efforts to train your body to be able to perform competently in sports to the preparation of estate planning documents in order to protect your family’s financial security and to be prepared as you can for the possibility of long-term care expenses that could cost hundreds of thousands of dollars. Just as you would not expect to train for a race on the day of a race, your family is best served if estate planning is not just taking place after a crisis has already happened. Pre-planning documents such as thorough and comprehensive durable powers of attorney drafted by attorneys who specialize in Estate Planning and Elder Law could be the difference between protecting your real property and other investments instead of losing those assets just to pay for long-term care expenses the last few years of life. There are techniques which can be employed but which need years of advanced planning in order to provide the most protection. For example, our firm frequently uses irrevocable living trusts to receive significant assets years before our clients require long-term care. Since there are five-year look back periods for gifts or other transfers of property these type of trusts are often best created and funded long before the need for long-term care has already arisen.

Of course we also employee crisis techniques in the event of emergencies or for situations where the need for long-term care is immediate, and not just prospectively seen as coming years in the future. However, if the crisis is upon us there are some techniques which would not be used that could have been employed if plans had been made far in advance.

In martial arts, practitioners learn and attempt to perfect techniques before any need to use those techniques has occurred. If you’re in a self-defense situation you need to possess the skills to defend yourself before any attack occurs. In Elder Law ideally you should also have a plan in place before a debilitating medical condition occurs.

One possessing a black belt in Tae Kwon Do has had years of practice before earning the black belt. Similarly, you should consider using an attorney that has years of practice to assist you with planning your estate. The law firm of Strauss Attorneys, PLLC has board-certified attorneys in both Estate Planning and Probate Law and also in Elder Law. We have been practicing law for years. You can rely on our legal experience and expertise to help you plan for your family’s future.

To make an appointment to start your planning call our Hendersonville office at (828) 696-1811. To make an appointment with our Asheville office call us at (828) 258-0994. You can also view our web-site at www.StraussLaw.com. We look forward to assisting you.