Don't Let Cognitive Decline Derail Financial Plans, RMDs

Best Practices April 21, 2023 at 01:05 PM
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Data from sources like the U.S. Census Bureau shows in no uncertain terms that the U.S. population has grown older over the prior two decades.

Since 2000, for example, the national median age in the United States has increased by 3.4 years, with the largest single-year gain of 0.3 years coming in 2021, when the median age reached 38.8 years. This may seem young relative to the life expectancies of older Americans, but the median age in 1960 was significantly lower, at 29.5 years.

In the experience of Mitch Mitchell, a board-certified attorney in estate planning and probate, the aging population is a serious challenge for the public to confront, and as such, it is of great importance to the work of financial and estate planners.

Mitchell, who is now working for the online estate planning and probate platform Trust & Will, spent more than a decade in private practice. In that time, he prepared wills, arranged trusts and created incapacity plan documents for hundreds of clients.

In a new interview with ThinkAdvisor, Mitchell said the experience in private practice and at T&W has underscored a pressing need for advisors and legal experts to spotlight all the challenges that come along with aging — financial, physical, mental and otherwise.

According to Mitchell, advisors are in a fantastic position to help their clients prepare for the "inevitable but addressable" issues that come along with old age, from the propensity for social isolation to the greater prevalence of Alzheimer's disease and other forms of dementia.

Such challenges can and will have a financially devastating effect on those who don't make a plan. Fortunately, Mitchell says, there are many concrete steps that can be taken in advance to help ease the undeniable challenges of aging.

Becoming Vulnerable

"Advisors have to understand the importance of the topic of cognitive decline and other age-related issues," Mitchell says. "A frank way to put this is that, if we live long enough and are fortunate enough to not experience a fatal accident or disease at a younger age, we're all going to become more vulnerable later in life."

Not only do individuals become more vulnerable to cognitive disease as they age, but they also become more vulnerable to potentially negative influences. They may have a harder time keeping up with technological changes, for example, or their network of trusted friends and confidants begins to rapidly shrink.

"It is often the case that, as people grow older, they are just more isolated, and they become more susceptible to scams," Mitchell says. "A big part of the problem today is that it's easier than ever to quickly transfer money via the internet. You used to have to write a check or walk into a bank. Today it's instant, and transfers are often irreversible."

According to Mitchell, the current scam-rich environment is just one additional factor that should drive aging people to put a plan into place that addresses the possibility of incapacity. Another is the growing prevalence of Alzheimer's disease among older adults.

Planning When Disease Is a Factor

Based on his personal experience, Mitchell says it is both a great challenge and a great opportunity to help a client and their family when a diagnosis of Alzheimer's is put on the table.

"Assuming the diagnosis is made in the early stage, this really starts a ticking clock and sparks a need for immediate action," Mitchell says. "While the client still has the capacity to make decisions in their best interest, this is the time that we want to be naming the legal and financial agents and documenting the person's wishes and intentions."

Mitchell says this may seem like an obvious statement, but the dramatic reality of a disease diagnosis can be profoundly distressing and distracting for a client and their family.

"Often, a client will just instinctively say that they are going to entrust their spouse with everything," Mitchell observes. "As the advisor or trust attorney, we have to help them see that this is not a full plan. We have to set out a plan that will be reliable for years to come."

While it often makes sense for a spouse to play a leading role in the health and financial decision-making, this game plan might not be sound in the long term — especially when a client couple is close in age and health outlook.

In such a situation, it is critical to spell out a secondary and even tertiary agent during the planning process.

"For example, in the documents Trust & Will clients create, they are automatically prompted to add a secondary agent who will be empowered to step in if an aging spouse loses the ability to manage the plan," Mitchell observes.

As Mitchell spells out, the main documents underlying a good estate planning effort are the will, the financial power of attorney, the durable power of attorney and the health care directive documentation. For clients with more sophisticated finances and legacy goals, trust arrangements and the associated documents are also key.

When 'Chosen Family' Is Preferred

Mitchell says another clear challenge is when a client doesn't have adult children who can be named as either the primary or secondary agent.

"It can be a difficult situation if you have nobody to step up," Mitchell says. "If you don't have immediate obvious family who can step in, you should still name agents among your trusted friends or among more extended family."

The creation of reliable power of attorney documents is critical in these cases, because if no such documents exist and there is not an obvious agent to appoint, a client will be subject to a court process and guardianship.

"It is important to point out here that there is more nuance today in how we structure our families," Mitchell says. "For a lot of people, chosen family is incredibly important. If you don't designate this in your planning documents, a judge may not understand what is truly in your best interest."

Sadly, Mitchell says, it is not unheard of for an incapacitated person to be put in the financial and medical care of a person who they would not have actually trusted to make those decisions if they were given the choice.

"Judges are going to try and make the right decision in good faith, but that can be impossible if they don't have all the right information about your beliefs and preferences," Mitchell says. "In cases where chosen family is preferred, it is essential for this to be spelled out the power of attorney documents."

Help Families With RMDs

In Mitchell's experience, one concrete area where advisors can provide a lot of help with such matters is ensuring the drawing of required minimum distributions is not overlooked as a client's financial affairs are put in the hands of a spouse, heir or trusted friend.

"The financial advisor can show their value to the family by helping to make sure RMDs aren't missed and that no penalties are assessed for missed distributions," Mitchell says. "It may seem like low-hanging fruit for the advisor, but it is a powerful thing."

In that spirit, Mitchell urges advisors to proactively communicate with a client's agent both before and after a transfer of financial power has occurred. Simply put, many people don't know the first thing about RMDs, especially younger heirs who take over responsibility for their aging parents or family members.

"You can get them on the phone and explain what RMDs are and why you are taking them," Mitchell suggests. "You could explain that, for example, the client prefers to draw the RMDs in early February every year so that they can be timed with charitable giving ahead of tax time."

While many providers automatically make RMDs on behalf of clients who should be making the withdrawals, it is still key for the advisor to educate the agent about where that money is going and how it fits into the overall financial plan.

"The RMDs may be automatic, but you still always want to check the numbers and be doubly sure you are avoiding mistakes and penalties," Mitchell warns. "You can also be sure the agent understands where the RMDs fit into the bigger income and tax management picture."

(Image: Adobe Stock)

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