It can be heart wrenching to decide if a family member or friend you love can no longer safely live in their own home. It can be scary for that loved one to think about his or her care needs and possible new living environments. If you have concerns about a loved one , consider the following questions when determining care needs. If you need help, consult with an experienced and qualified estate and elder care attorney. Does your loved one have medical needs that require special … [Read more...]
How to Choose Trustees, Guardians and Agents
Part of the task of estate planning or updating an estate plan is to select trusted persons or entities to fill the positions of trustees, guardians, power of attorney agents, health care agents and executors. In order to make good decisions, you need to know the ideal characteristics of each role. Trustee of trust for minors. The trustee of the trust for your minor children or grandchildren will likely be the same as your settlement trustee. If you have the children joining as a … [Read more...]
I’m Married; Why Would I Need a Power of Attorney?
Often, married couples sign each other’s names to checks, documents, and birthday cards. According to the old joke, “If he actually signed his name, the bank wouldn’t recognize it.” However, except for the birthday card forging, signing your spouse’s name is illegal. This means, even if you’re married, you need a power of attorney to authorize you and your spouse to sign each other’s names. A power of attorney is a legal document through which you authorize an agent (e.g., your spouse) to … [Read more...]
Plan for an Unexpected Disability
While most people hate to think about illness, disability and death, it is a part of life. When you are least expecting it, you or a loved on can become seriously ill. It is best to plan for these scenarios ahead of time. Consider the following: Who will take care of me when I become seriously ill? How will I be able to take care of my finances and pay my bills? Who will care for my children? Will I be able to afford an illness? Do I want to be on life support? Who will … [Read more...]
What is a POLST and Do I Need One?
In every estate plan we prepare in our office, we include an Advance Health Care Directive (AHCD) and a form that authorizes disclosure of medical information to designated individuals you have appointed to positions in your estate plan. This latter form is done to comply with the so-called HIPAA law. An advance health care directive is a legal document you use to provide guidance about what types of treatments you may want to receive in case of a future, unknown medical emergency. It also … [Read more...]
How to Choose Your Child’s Guardian (Part 2 of 2)
Choosing a guardian for your children is uncomfortable, but it’s better than the alternatives and it’s part of the Estate Planning process. What if Your Child’s Guardians Gets Divorced? You can indicate in your Will who you want to serve as your child’s guardian and include who shall continue to serve as guardian, if a couple named as guardians gets divorced. Characteristics of a Good Guardian No one will raise your children exactly as you would, but if you choose the right guardians … [Read more...]
How to Choose Your Child’s Guardian (Part 1 of 2)
If you don’t nominate your child’s guardian and a tragedy strikes your family, the court will and it may not be whom you would choose. In fact, it may be your alcoholic brother, Mike, crazy Aunt Mable, or the foster care system. Choosing a guardian for your children is uncomfortable, but it’s better than the alternatives and part of the Estate Planning process. Where You Appoint a Guardian You nominate a guardian for your minor children in your Will. That is true even if you have an … [Read more...]
Incapacity Planning: Medical Issues
If you’re considering including incapacity planning in your estate plan (and you definitely should be), it’s important that you understand the use of the different available legal documents. A comprehensive estate plan will allow you to have the best plan in place so that your needs are always met. Did you know…? An advance health care directive is a document that allows you to spell out your wishes regarding end of life treatments and procedures. Many people use their advance health … [Read more...]
Choosing a Nursing Home
Do you or a loved one need nursing home care? If so, you will likely want to make sure that your loved one becomes a resident in a home that fits his or her many needs. There are many features to take into consideration when choosing the best nursing home. Take a look at the following guide to help make the best choice. Choose a nursing home that isn’t too far away. You may want to be able to visit your loved one often. Choosing a nursing home that is relatively close to your home … [Read more...]
There are Many Ways to Qualify for Medi-Cal to Pay for Long Term Care
Qualified and experienced elder law attorneys help those, who need long term care, qualify to have the care paid by Medi-Cal benefits. For both Medi-Cal, you need to financially (and medically) qualify. Here are 12 ways in which elder law attorneys help people qualify for financial assistance, if they are not immediately eligible. Consult with a qualified and experienced elder law attorney whose practice includes Medi-Cal long term care benefits to determine which strategies are best for … [Read more...]
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