GETTING AFFAIRS IN ORDER: Gold’s 2025 ‘TOP -10’ To-Do List For Seniors**

Gold’s Legal Minute*GLM*

By Allan Gold, lawyer Montreal and elder law attorney

Vol. 16, #5 – May 31, 2025

GETTING AFFAIRS IN ORDER: Gold’s 2025 ‘TOP -10’ To-Do List For Seniors (Part 1)

OPENING

I’m sorry to say that we’re not getting any younger. Indeed, we’re much closer to the end than the beginning. Of course, each of us will die one day. As we age, there is greater risk of serious illness. Some of us will suffer from dementia: Alzheimer’s disease, which might lead to legal incapacity. It’s therefore prudent for every senior to organize oneself in anticipation of death or incapacity.

“I must get my affairs in order” is a common refrain among seniors. Many say it, but don’t get around to doing it. One reason is they really don’t know what that means. In other words, they don’t know what they’re supposed to do.

As a lawyer Montreal, elder law attorney, I’ve seen things. While it doesn’t quite reach the level of “fact is stranger than fiction, ” many situations are truly eye openers. Based upon this experience, I’ve updated GOLD’S TOP –10 TO-DO LIST for seniors.

*****//*****

“The phrase “to get one’s affairs in order” is the alternative form to the more traditional “put one’s affairs in order.” Both phrases mean to properly organise one’s financial and legal arrangements before embarking on something big or important.” – Robert Charles Lee 1

*****//*****

Gold’s 2025 ‘TOP -10’ To-Do List For Seniors

To do, or not to do, that is the question.

#10 – Start with the right attitude.

“My late husband/wife didn’t do … or make … – what can we do about that?” I hear that a lot. I’m certain that he/she was a good person – really smart, who put off doing the wrong thing. Unfortunately, I don’t have the telephone numbers of those deceased procrastinators. There’s no place for us to meet.

Let’s face it. We do what we enjoy. Everything else – we’ll get to it. Anyways, that’s the way it is with me. Preparing for death is not fun. Yes it’s something of a downer. But it needs to be done. (We go for vaccinations, don’t we?) So please:

Make up your mind to do this and then do it! Saying ” I’ll do it tomorrow” is fine – but here’s the problem- for many, tomorrow never comes. Or more significantly, it’s too late. Caution: You need to do more than pay lip service to this.
Diary it.
Engage in this endeavor at full throttle. It’s that important.
Don’t just just do it. Do it well. You’re a high achiever, right? Then achieve this!

#9 – Get Organized – keep good records.

“This is what I found.” As a lawyer Montreal, elder law attorney, that’s not what I want to hear. I need a complete file. I’m not “Indiana Jones” and I don’t want to embark on a world wide search for pieces of the puzzle. I prefer not to have to play “Pin the tale on the donkey.” The remedy to this is quite simple. Be disciplined, systematized and tidy. Here are several concrete steps to take.

Make an ‘Estate Inventory’ and keep it updated
Make notes at doctor appointments, hospital visits, etc.
Ask for copies of chart along with informational hand-outs;
Open a chronological file for all health related documents and do your filing regularly Indeed, a Medical/Health File is important and a great tool in the future especially in the eventuality of incapacity.
Ask your pharmacist for your list of medications – it’s free
Open a chronological file for each of your bank and/or investment accounts; and do your filing regularly.
Ask for business cards: doctors; bankers; financial advisors; etc. and staple them to inside cover of the pertinent file folder. Indeed, they might come in handy one day.

*****//*****

“Nobody on his deathbed ever said, “I wish I had spent more time at the office.” — Paul Tsongas. 2

*****//*****

#8 –Think about making your mark on the world.

Like you, I’ve heard deathbed regrets over spending too much time working. These regrets are due to (a) Insufficient time spent on relationships and personal fulfillment. (b) Not having traveled and seen the world; (c) Not having done for others; etc. Here’s my fix for this.

Love your loved ones. True, family is complicated. I repeat, “Love your loved ones.”
Be the best you. It’s the total of self improvement, lifelong learning and self-fulfillment.
Compile a “bucket list” and get out there and make your dreams a reality.
Strive to make the world a better place in and by:
- Impacting positively on society through actions and contributions. It’s never to late.
- Helping others – more precisely,
  - Do a good deed.
  - Be a volunteer. It’s a wonderful thing. It’s very satisfying. It makes life fuller. You don’t have to do this morning noon and night 24-7. Begin slowly. What would you like to do? go 100% You don’t have to be rich in order to do something for your fellow man. to reach a desired level of accomplishment
  - Make a donation. Every $5 counts. if you do more, be a Philanthropist. Choose a charity or non-profit.

When is enough enough? I would answer that question with the question – “Is the world better because you’re in it?”

*****//*****

“You can choose your friends but you sho’ can’t choose your family, an’ they’re still kin to you no matter whether you acknowledge ’em or not, and it makes you look right silly when you don’t.” ― Harper Lee, To Kill a Mockingbird 3

*****//*****

#7 – Intellectual property (IP); Social media

I’ve come across estate situations relative to technology. Death is old as they come. In the olden days, people had property. Hard assets include real estate, commodities like gold and oil, and machinery. But there’s “Intellectual property” (also known as “IP”). And in this day and age, there’s social media. So people have something else to worry about. In this regard,

Consider whether you have IP. That’s “an idea, a design, etc. that somebody has created and that the law prevents other people from copying.” 4 That’s an asset. If so, here’s an action plan.
- Register it! And don’t forget moral rights!
- Keep a personal ledger of your IP
- Open a file for registration certificates
Think about your web site(s). When you pass on, you probably want your legatees/heirs to acquire it. In this regard, I suggest that you:
- Make a list of your web sites/ domain names detailing user names and passwords
- Inquire from your domain provider, web hosting company, the documents required for transfer pf web sites, domain names; etc.
Address social media. Many people have content on line. Some of it may be property. When you go, then what?. Put some thought into this subject. Your legatees/heirs might avoid huge headaches. In this regard, I suggest that you:
- Make a list of your social media accounts detailing user names and passwords.
- Invoke rights to copyright! And don’t forget moral rights!

#6 –Become informed about relevant matters.

I’ve met business people who were very successful, ‘flying by the seat of their pants.’ But death has legal consequences, bringing on obligations in law. If you’re doing some estate planning, you need to know the ‘lay of the land.’ In other words, it’s necessary to understand beforehand, the situation, context, circumstances thereof. That’s why I recommend that you:

Study up on the opening of an estate after death and the processing (and so-called settlement thereof )
Research Tax matters:
- Final Return – “When someone dies, their legal representative must file a final T1 Income Tax and Benefit Return, called the Final Return, to report the deceased person’s property, investments and other taxable income, and can file other optional T1 returns if the person who died had eligible income.” 3The due date to file the Final Return and pay a balance owing is: April 30 of the year following the death (if the death occurred between January 1 and October 31 inclusive) 6 months following the death, on the same calendar day as the date of death (if the death occurred between November 1 and December 31 inclusive,
- Capital gains;

NOTEWORTHY

Allan J Gold is now featured in FeedSpot Top 90 Canada Law Blogs. Check it out at https://bloggers.feedspot.com/canada_law_blogs/

CONCLUSION

As a lawyer Montreal, elder law attorney, I want to reduce anxiety for seniors in their golden years. Such is possible when they know that everything that needs to be done – has been done. That’s a prerequisite for one being at peace when the time comes. With that in mind, I submit for your perusal this to do list. Nudge, Nudge – I’m trying to light a little fire under your butt. It’s not only for your own good. Acting now might reduce problems for your legatees/heirs afterwards!

ALLAN GOLD, lawyer Montreal, elder law attorney.

www.allanjgold.com

NOTICE – CAUTION –DISCLAIMER

The material provided herein is of a general nature, strictly for informational purposes. The interpretation and analysis is not to be misapplied to a personal situation with a particular set of facts. Under no circumstances, are the herein suggestions and tips, intended to bring a reader to the point of acting or not acting, but instead, the hope is that they are to be a cause for pause and reflection. It is specifically declared that this content is not to be a replacement of, or a substitution for, legal or any other appropriate advice. To the contrary, for more information on these presents, related subjects or any other questions, it is the express recommendation of the author that everyone seek out and consult a qualified professional or competent adviser.

https://www.quora.com/What-does-it-mean-to-get-ones-affairs-in-order
https://www.quora.com/Nobody-on-his-deathbed-ever-said-I-wish-I-had-spent-more-time-at-the-office-Paul-Tsongas-What-do-you-make-of-this-statement
https://www.goodreads.com/quotes/138836-you-can-choose-your-friends-but-you-sho-can-t-choose
https://www.oxfordlearnersdictionaries.com/definition/english/intellectual-property
https://www.canada.ca/en/revenue-agency/services/tax/individuals/life-events/doing-taxes-someone-died/prepare-returns.html

Leave a Reply Cancel reply