It is important to consider the eventualities of aging when you are planning your estate. A comprehensive estate plan will address the period of time that will precede your passing. While it may not be the most pleasant thing in the world contemplate, a very significant percentage of senior citizens ultimately become incapacitated. Some people become physically incapacitated and unable to communicate. Others suffer from cognitive impairment. Alzheimer's disease is an enormous threat once … [Read more...] about What Is a Conservatorship?
Incapacity Planning
Brain-Dead Woman Removed From Life Support After Court Order
Marlise Muñoz, the Fort Worth area pregnant woman whose husband has been fighting to have her removed from life support, was taken off life-sustaining machines after a Texas judge ordered her doctors to comply with her husband’s wishes. We blogged about this case previously, and as it came to gain national prominence, it has served as a national reminder about the importance of estate and incapacity planning. Court Hears Evidence About Brain-Dead Woman The court order brought an end to the legal … [Read more...] about Brain-Dead Woman Removed From Life Support After Court Order
Estate Planning When You’ve Been Diagnosed With a Terminal Illness
Sometimes, people come to an estate planning attorney after having been recently diagnosed with a terminal illness. Such situations force people to consider issues many have never considered before, such as inheritance choices and medical wishes. While creating an estate plan under a significant time pressure is not an ideal situation, you can create a plan that will protect you and your family if you have been diagnosed with such a terminal illness. Here are some important concepts you need to … [Read more...] about Estate Planning When You’ve Been Diagnosed With a Terminal Illness
Pregnant Woman Kept on Life Support Against Husband’s Wishes
Not long ago, the case of a pregnant Texas woman made headlines after her doctors refused to withdraw her from life support even though her husband had specifically stated that was her wish. In late November, Dallas, Ft. Worth area paramedic Eric Munoz discovered his pregnant wife, Marlise, unconscious on the floor of their home. After she was taken to a local hospital, doctors declared that Marlise Munoz had suffered a pulmonary embolism. The embolism had denied her brain of oxygen, and had … [Read more...] about Pregnant Woman Kept on Life Support Against Husband’s Wishes
How do You Know When You Are Incapacitated?
People who create estate plans typically have a number of tools that address the possibility of becoming incapacitated. Whether you create a health care directive, financial durable power of attorney, living trust, or other devices that allow you to plan ahead against the possibility that you might not be able to one day make your own decisions, the idea of incapacity is an important one that you need to understand. But what is incapacity? What does it mean to be incapacitated and what … [Read more...] about How do You Know When You Are Incapacitated?
Getting a Head Start: Estate Planning for the Under-40 Crowd
The common wisdom about estate planning says that it’s an old person’s game. No one starts state planning until 50, and even then you aren’t really worried about it. But this common wisdom is not legally sound. The reality is that estate planning concerns affect everyone. Estate planning lawyers like to say that you need an estate plan as soon as you become an adult. Even then, beginning your state planning efforts before you reach the age of 40 is not something a lot of people do, even though … [Read more...] about Getting a Head Start: Estate Planning for the Under-40 Crowd
You Can Update Your Advance Health Care Directives
Everyone who chooses to make an advance health care directive (AHCD) can also choose to update or modify those directives whenever they like. Making an advance directive is something anyone can do once they reach the age of 18. As long as you are capable of making decisions, you can decide what kinds of medical care you want to refuse or allow should you fall seriously ill or be seriously injured. It’s also important to realize that you can change your mind about your medical choices whenever … [Read more...] about You Can Update Your Advance Health Care Directives
Seniors Can Protect Themselves From Common Victimizations
America is getting older, and as the number of seniors grows, so does the number of people looking to take advantage of the elderly. Every year the number of cases where an elderly person has been swindled, conned, or cheated out of money increases. Also, those who suffer at the hands of con artists often feel ashamed, a feeling that prevents them from seeking help or assistance. To prevent such situations taking place there are several practical steps seniors can take. Here’s a quick review of … [Read more...] about Seniors Can Protect Themselves From Common Victimizations
Sick and Old: Boomers Reach Retirement
Even though baby boomers have benefited from growing up during one of the largest industrial expansions in the history of the world, and saw the rise of advanced medical technologies, they are becoming increasingly sick as they reach retirement age. A recent study published in the Journal of the American Medical Association Internal Medicine says that baby boomers, though they’re living longer, are much more prone to chronic diseases such as high blood pressure, diabetes, and high cholesterol … [Read more...] about Sick and Old: Boomers Reach Retirement
When Trusts Protect Against Incapacity
One of the more popular estate planning tools today is the revocable living trust. Even though a lot of people create these trusts to avoid probate, many people don't realize that these devices can also help protect them in the event they become incapacitated. A proper incapacity plan should be a key piece of every comprehensive estate plan. Knowing how your revocable living trust interacts with your incapacity plan is important if you intend to get the most from your estate planning … [Read more...] about When Trusts Protect Against Incapacity
