Page 10 THE SAUGUS ADVOCATE – FrIDAy, JUly 3, 2026 ESTATE PLANNING FOR UNMARRIED PARTNERS: P roper estate planning involves creating a set of written instructions in order to specify how you would like to have your property distributed after your death, as well as how you want your property and health care decisions handled during any period of time that you are incapacitated. Proper planning is particularly important for unmarried partners. Who will manage your assets if you become incapacitated? Legal incapacity means that you are unable to make financial decisions for yourself. The incapacity may have resulted from an injury, dementia, stroke, heart attack, etc., and it may be temporary or permanent. In the event you are unable to manage your financial affairs, a Last Will and Testament won’t help. It only speaks upon your death. Owning assets jointly might not always help. For example, with real estate, if one joint owner becomes incapacitated, you will not be able to sell the real estate or refinance the underlying mortgage. In these situations, it is wise to have a durable power of attorney. As long as it is drafted properly, the attorney in fact can use it in order to sell the real estate or refinance it. Court intervention will not be necessary. Appointing a guardian or conservator in order to manage assets is very time consuming, expensive and is open to the public for viewing. If a court is asked to appoint a guardian or conservator to manage your assets, a nonfamily member, such as an unmarried partner, is often less likely to be appointed than a family member. Consequently, what often ends up to be a preferable option is a living revocable trust. When you execute a living trust, you will transfer assets from your name into the name of the trust. You can control this trust upon serving as trustee. Because you no longer own the assets in your own name, there are no assets for the probate court to control in the event of your incapacity. Theliving trust is designed to avoid having to probate ones estate which would occur if assets are held just in the decedent’s name alone. You have the right to name anyone as your successor trustee. You can name your partner as successor trustee. All of your financial affairs can be conducted privately. They are not part of the public record. In the event of your recovery, you can resume serving as trustee. A living trust is even superior to a durable power of attorney when it comes to dealing with incapacity. Living trusts are accepted by virtually all financial institutions. A living trust provides detailed instructions as to how you wish for your assets to be managed. A durable power of attorney would typically not contain the same level of detail. You will also need a Health Care Proxy and a HIPAA Authorization executed ahead of time in order to provide for your incapacity. You have the right to select the first health care agent that will be responsible for making your health care decisions in the event you are not able to make them yourself. You will also appoint an alternate health care agent. If you do not select your unmarried partner ahead of time, more likely than not, the health care facility will look to a family member for answers. Massachusetts does not have a “living will” statute. It is often wise, in any event, to draft living will language within the health care proxy itself that makes it very clear that you would not want to be sustained by artificial life support in the event you have lost all cognitive functioning. Federal and state laws dictate to whom your doctors can disclose your medical information to in the absence of written direction. Your HIPAA Authorization gives your doctors the written authorization they need to disclose your medical information/situation to specified individuals that you have named in the document itself. Unmarried partners do not have the same protections and benefits under the law that married partners have. The estate planning process helps you to navigate through the issues involved in order to assure that your goals and objectives are achieved. Joseph D. Cataldo is an estate planning/elder law attorney, Certified Public Accountant, Certified Financial Planner, AICPA Personal Financial Specialist and holds a masters degree in taxation. Savvy Senior How to Use AI Safely and by Jim Miller Protect Yourself from Scams Dear Savvy Senior, I keep hearing about AI in the news and how it’s being used in scams. I’m not very tech savvy and find it confusing. What should I know to protect myself? --Cautious Senior Dear Cautious, You’re not alone. Many older adults are asking the same question. Artificial intelligence, or AI, is becoming part of everyday life, from smartphones and internet searches to banking and customer service. It’s also making scams more convincing and harder to spot, which is why a basic understanding helps. The good news is you don’t need to be a tech expert to use AI safely and with confidence. Know the basics AI is technology that can create and analyze information in ways that seem human. It can write emails, answer questions, recommend products, generate images and even mimic voices. While this can be helpful, it also means things you see or hear online may not always be accurate. If something seems unusual or too good to be true, take a closer look. Use it wisely A good way to get comfortable with AI is to start small. Many smartphones include voice assistants like Siri or Google Assistant that can set reminders, check the weather or answer questions. You can also try tools like ChatGPT or Claude to explain a news story, suggest recipes or help draft a message. AI can also be useful for everyday tasks like comparing products, planning trips or organizing a to-do list. Think of it as a helpful assistant, not a decision-maker. Keep in mind that AI isn’t perfect. It can give answers that sound confident but may be outdated or incorrect. For important matters like your health, finances or legal issues, always double-check with a trusted source such as your doctor, bank or a government website. Watch for scams Scammers are using AI to make their schemes more convincing. You may receive an email that appears to be from your bank or Medicare or a phone call that sounds like a family member. Be especially wary of urgent messages that pressure you to act quickly or warn that your account will be closed. Protect yourself The most important habit for avoiding scams is to slow down. If you receive a suspicious call, text or email, stop and assess the message. Don’t click links, download attachments or respond right away. Instead, contact the company or person directly using a phone number or website you trust – not the one provided in the message. Scammers now use AI to mimic voices and write convincing messages. Even if something sounds like it’s from a family member, friend or company, verify it another way before taking action. Never share sensitive information like your Social Security number, bank details or passwords unless you initiated the contact and trust the source. Banks and government agencies, including Medicare and Social Security, will not ask for this information by phone or email. Urgent requests for payment by gift card, wire transfer or cryptocurrency are also red flags. For added protection, use two-factor authentication, and keep your devices updated. You can even consider call-blocking services from your mobile service provider. If something doesn’t look right, take time to check it or ask a trusted friend or family member before responding. Keep learning Technology is always changing, but there are ways to stay informed. Many libraries and senior centers offer free classes on digital skills and online safety. Trusted resources like AARP’s Fraud Watch Network (aarp.org/fraudwatch) and the Federal Trade Commission (consumer.ftc.gov) also provide up-to-date scam alerts and protection tips. In addition, internet and mobile provider Cox Mobile (cox.com/mobilesafety) offers a library of research, tips and online safety tools to keep you informed and secure online. AI may seem complicated at first, but a little awareness goes a long way. By staying cautious and building a few smart habits, you can protect yourself and make this technology work for you. Send your questions or comments to questions@savvysenior.org, or to Savvy Senior,P.O. Box 5443, Norman, OK 73070.
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