To Our Clients, Friends, Family and Colleagues: I hope this finds you all well, perhaps working from home, but in some way, enjoying what “home” means to you.  Our hope is that “social distancing” will slow the progression of the novel coronavirus (COVID-19).  We pray that it will. Undoubtedly, we are navigating uncharted waters.  Yet, in a very…

living will vs. healthcare proxy

We have all heard the saying “life is full of regrets”.  I have compiled a list of the most common regrets that I often hear from clients, but more often, their family members, during my practicing as an elder law and special needs planning attorney.  If you have neglected any of these topics, my hope…

As the parade route approached, I captured my first glimpse of the Grand Marshal.  He was a 93-year-old seasoned World War II veteran who exuded confidence, honor, and pride.  Accomplished in ways that many of us will never experience; a true hero.  It was Memorial Day 2016, and the Grand Marshal was my Uncle.

When I meet with people for the first time who are interested in estate planning, their focus is usually on after-death planning.  Whether their concern is minimizing estate taxes, planning for minor or spendthrift children, or simply passing assets to the next generation as quickly and efficiently as possible, nearly every meeting begins with a…

When do I need to start taking my IRA distributions?

On December 20th, 2019, President Trump enacted the Setting Every Community Up for Retirement (“SECURE”) Act.  Effective January 1, 2020, the SECURE Act, among other things, changed the age at which you are required to start taking your required minimum distribution (“RMD”) from your individual retirement accounts (“IRAs”).

Elder Law and Estate Planning: A Series of Defined Terms

As an elder law attorney, I am frequently asked questions, the answers of which have been taken for granted during the ordinary course of business. The common denominator among these questions surfaces from a misunderstanding of words and phrases used daily.  I thought it would be a good idea to write a piece explaining some…

Do I need to disinherit my disabled child?

I’ve seen plenty of families disinherit a disabled child by leaving the family assets to non-disabled children under the theory that those assets will be used to take care of the disabled child.  This is unnecessary and riddled with complexities.  For instance, what happens if you leave your assets to your daughter thinking that she…

The need for a guardianship really depends on the facts and circumstances of each case, however, many guardianship cases result from the absence of a properly drafted power of attorney (“POA”) and statutory gifts rider (“SGR”).  In order to sign these documents, one must possess contractual capacity.  Most people diagnosed with the onset of dementia…

As the population ages, the need for caregivers is growing, but restrictive immigration policies, whatever you may think of them, could have a negative impact on a caregiving industry that is already facing workforce shortages. 

Medicare does not offer much in the way of dental benefits, but advocates for Medicare beneficiaries are arguing for that to change. 

The federal government has released the 2020 federal guidelines for how much money the spouses of Medicaid recipients may keep, as well as related Medicaid figures.

Powerless Power of Attorney

In certain circumstances, a revocable living trust must be strongly considered.  To determine if a revocable living trust is an appropriate necessity, one must first understand its purpose.  Unlike a Last Will and Testament (“Will”), a revocable living trust does not need to be probated upon one’s death.  Probate is the legal process of going…

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