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...]
Probate Avoidance Made Easy (part 1 of 2)
Are you looking to avoid probate? Luckily, there are steps that you can take to ensure that your assets avoid the probate process. Avoiding probate will allow your loved ones to get their inheritances quickly. Avoiding probate can also save time, money, and keeps your affairs private. Take a look at the information below to learn more about some of the probate avoidance options. If you have any questions or if you’d like to discuss a probate avoidance plan, meet with an experienced, … [Read more...]
Deciphering Medicare Benefits vs Medi-Cal Benefits
Many folks continue to be confused about the differences between Medi-Cal and Medicare. Both Medicare and Medi-Cal, which is California’s name for the Medi-Cal program, have their originals in federal law. They were originally enacted in 1965 under President Johnson’s Great Society programs. Both programs have evolved over the years. Medicare was focused on providing health care for the elderly while Medi-Cal was focused on providing health care for the poor. California’s Medi-Cal … [Read more...]
Answers To Your Living Trust Questions (1 of 3)
Trusts have been around for hundreds of years; specifically, the living trust gained popularity in the 1970s as a probate avoidance technique. Today, living trusts are often used as a foundational document in estate plans. We’ve found that many folks have both questions and misconceptions about the living trust; so, in this three part series, we answer your living trust questions. I am confused about the different types of trusts. Is a living trust always called “living trust”? Great … [Read more...]
What is the difference between a “Conservator” and a “Guardian”?
In California, a “conservator of the person” is the individual who makes general welfare, health care, educational, and life-style decisions for an incapacitated adult. An adult may become incapacitated due to dementia, disease, or disorder. In some other states, this person is called a guardian. However, as noted below, in California, a guardian is the person appointed in connection with a minor (under 18) child. Examples of decisions would be where someone lives and what medical … [Read more...]
Differences Between a “Conservator” and a “Guardian”
The terms conservator and guardian vary in their usage from state to state. In California, they have specific and different meanings. Let's explore them. A “conservator of the person” is the individual who makes general welfare, health care, educational, and life-style decisions for an incapacitated adult. An adult may become incapacitated due to dementia, disease, or disorder. Examples of decisions would be where someone lives and what medical treatment he or she receives. In … [Read more...]
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