Dementia: More Litigation

The numbers and statistics are unmistakable.  In the year 1900, thee were approximately three million people in the United States who were 65 years or older.  That was about 4% of the population.  By 2010, those numbers had increased to more than 40 million people, and more than 13% of the population, and the projections simply go upward. 

In 2010, there were about five million people suffering from Alzheimer’s disease; it is projected that within 40 years that number will increase to nearly 20 million.   

There are treatments that have been approved by the USFDA for Alzheimer’s; however these drugs simply manage symptoms, and there is still no cure for the disease.  Further, numerous studies have clearly indicated that people suffering from dementia are more likely to be victims of elder financial abuse or financial exploitation.  A June, 2018 report by the Federal Government looked at the scope of elder financial exploitation.  Reported cases of financial exploitation range from about 3% to 7% of the population, but the report cautions that nearly 50% of instances of financial exploitation are probably never reported.  The report also links cognitive decline as one of the primary reasons behind financial exploitation, as well as the fact that the elderly, tend to have significant wealth or assets. 

We have heard much discussion about the medical and social consequences of dementia.  However, there is an increasing consensus among attorneys that there will also be a significant increase in estate litigation.  The factors for this can be described as:

  • People in their 80’s and 90’s are transferring substantial wealth. Many People believe that the transfer of wealth from the World War II generation to the baby boomers would never be seen again. 
  • Baby boomers are starting to turn 70 years of age.
  • The number of retired people in this country has never been greater.
  • Because of blended marriages (divorce, second and third marriages) there are more and more families with step-children which and lead to tensions within some families.
  • More people now own their own retirement accounts, like IRA’s, with the opportunity to name beneficiaries, rather than company pension accounts, which did not pass on to survivors.

However, pundits are describing the “great wealth transfer” as the passing of assets from baby boomers to their children, the generation x and the millennials.  Estimates vary greatly, but reports are predicting the greatest transfer of wealth the world has ever seen, and predicting that it could be as much as 30, to 70 trillion dollars.

What could go wrong?  There will be many instances where this will simply lead to litigation.  Whether it is litigation concerning one spouse’s right to transfer assets to his or her own children, or capacity to transfer assets, based upon dementia or other illnesses, cases of undue influence, or elder abuse, the warnings are unmistakable, that there will almost certainly be a massive increase in litigation over these issues in the coming years.  The estate tax exemptions are quite high, so taxes will not likely erode the amount to be distributed.  The most likely factor that would cause a reduction in inheritances will be the looming cost of long-term care.  Many advisors are recommending purchasing long-term care insurance, yet many baby boomers are willing to “private pay” meaning spend down their money.  

There are things that you can do.  It will be increasingly important to do advance planning, including such things as Powers of Attorney, Trusts, Marital Property Agreements and the like.  Specifically, more and more people are looking at Irrevocable Trusts, as a mechanism to assure that assets will be available to the next generation.  The failure to do such planning could be disastrous. 

Respectfully submitted by:  Attorney Peter E. Grosskopf, 1324 W. Clairemont Ave., Suite 10, Eau Claire, WI 54701 (715) 835-6196

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Questions? Contact us at Grosskopf & Burch Law Firm

Grosskopf & Burch Law Firm
1324 W Clairemont Ave., Suite 10 | Eau Claire , WI 54701
Phone: (715) 835-6196
http://www.eclawyers.com