Examining Committee for Guardianships
Jul 18, 2011
I have people inquire as to who makes the determination if someone lacks capacity or has capacity. Often people will bring me a note from the person's doctor, which isn't sufficient. Rather one needs...
See Full Guide
5 things your attorney will want to see
May 27, 2011
List of questions Many people come to the office without any real reason. They think they need to be there but aren't sure why. You should come with questions such as who will get my estate, what c...
See Full Guide
Homestead exempt or not
May 16, 2011
We often gets calls from families out of state that say their parents qualify for Medicaid for their nursing home stay but they have homestead property that can not be maintained. (Homestead is exempt ...
See Full Guide
Health Care Surrogate
May 14, 2011
I often have people say they can make medical decisions for their loved ones because they have a power of attorney (POA). That isn't always the case and one should be careful. In the 90's and even in m...
See Full Guide
Trust: myths and warnings about attorneys
May 10, 2011
There is a belief by many that everyone needs a trust and that probate should be avoided. The truth isn't nearly that clear. We often see where people spent more time and money on a revocable living tr...
See Full Guide
Alternatives to Guardianship
May 03, 2011
Often we will have people say that Guardianship is needed because Mom or Dad lack capacity to make decisions for themselves. Guardianship is the most restrictive action that can be taken. One should lo...
See Full Guide
How can I pay for a nursing home?
Apr 29, 2011
Today, there are an estimated 1,465,000 senior
living in nursing homes. The average cost of a nursing home is $194 per
day ($182 in Florida). Few
seniors ever considered the idea that they would spe...
See Full Guide
5 common Elder Law Questions
Apr 29, 2011
Can the state take my house if I go into a nursing home? Very unlikely, however, if you fail to properly plan your assets and estate when you apply for Medicaid you could open the door for this to ha...
See Full Guide
Living Will--Do I need one?
Apr 22, 2011
A common statement we hear from people about living wills is: "I am too young to need that." This misconception comes from the belief that you have to be old or own something to see an attorney or to g...
See Full Guide
Durable Power of Attorney--aren't they all the same
Apr 21, 2011
One of the most common documents that comes into my office is a power of attorney. I have literally seen thousands of them. To most people they would all look the same aside from a few being longer o...
See Full Guide