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My Mom Needs Help and Will Not Admit It: Can I Use a Guardianship to Make Her Accept Help?

In my role as an elder law attorney, this is a question that I get all the time. In the child’s opinion, mom and/or dad is not safe, is living in an inappropriate environment or is being financially abused. The parent refuses to do anything to change the situation. Can a guardianship be used to … Continue reading “My Mom Needs Help and Will Not Admit It: Can I Use a Guardianship to Make Her Accept Help?”

Changes to The Medicaid Home Care Program

If one meets certain financial and medical requirements, one can apply for Medicaid to provide home care services.  Such services must be provided by a managed long-term care plan (MLTC) if the individual is: dual eligible (eligible for both Medicaid and Medicare); over 21 years of age; and needs community based long–term care services for … Continue reading “Changes to The Medicaid Home Care Program”

What to Expect During the Initial Consultation with an Estate Planning/Elder Law Attorney

Attorneys, like other professionals, rely on complete and accurate facts in order to make appropriate recommendations to their clients. No one would expect a doctor to make a diagnosis without running the appropriate tests and a lawyer cannot give proper legal advice without the proper fact-finding. This article will discuss things that your estate planning/elder … Continue reading “What to Expect During the Initial Consultation with an Estate Planning/Elder Law Attorney”

The Top 10 Benefits of a Comprehensive Power of Attorney

The benefits of a highly detailed, comprehensive power of attorney are numerous. Unfortunately, many powers of attorney are more general in nature and can actually cause more problems than they solve, especially for our senior population. This issue of the Elder Law Insights is intended to highlight the benefits of a comprehensive, detailed power of … Continue reading “The Top 10 Benefits of a Comprehensive Power of Attorney”

Disinheriting A Spouse or Child

Generally, individuals are free to leave their estate to whomever they want. However, one cannot completely disinherit one’s spouse. In general, a spouse is entitled to the greater of $50,000 or one-third of the deceased spouse’s net estate. This is called the surviving spouse’s elective share. If the deceased spouse does not leave the foregoing … Continue reading “Disinheriting A Spouse or Child”

Things to Consider When Appointing an Executor, Trustee, etc.

One of the most consequential decisions you will make when you are considering a will, trust or a power of attorney is who will be your fiduciary. A fiduciary may be an executor, who administers a will; a trustee, who administers a trust; or an agent on a power of attorney. They all have the … Continue reading “Things to Consider When Appointing an Executor, Trustee, etc.”

Some More Thoughts on Medicaid Asset Protection Trusts

John and Mary have a house worth about $500,000.00 and about $300,000.00 in a bank account. Paul & Sue also have a house worth about $500,000.00 and about $300,000.00 in a bank account. Neither couple have long-term care insurance. Thus, they start off in the same place. However, Paul and Sue decided to place their … Continue reading “Some More Thoughts on Medicaid Asset Protection Trusts”