If a loved one is experiencing memory loss or suddenly making poor decisions, you may want the court to appoint a guardian, which requires a declaration of incompetence. Determining whether someone is incompetent to make their own decisions is a complicated process....
Below, in chronological order, is a list of some of the most important elder law decisions for 2021. Interestingly, all but one of the decisions were favorable to the elder, Medicaid recipient or their family. Medicaid Applicant’s Transfers to Her...
Acting as an agent under a power of attorney is a big responsibility and it isn’t something everyone can take on. It is possible to resign or refuse the position. There are two main types of powers of attorney – financial and medical. As the agent under a power of...
While most government offices have reopened to the public, the Social Security Administration (SSA) is still barring in-person visits nearly two years after the Covid pandemic first swept across the U.S., resulting in a denial of service to some of the country’s most...
The standard under which a person is deemed to require a guardian differs from state to state. And even within some states the standards are different, depending on whether a complete guardianship or only a conservatorship over finances is being sought. Generally a...
Tax Planning Question: When several siblings are heirs to a parent’s estate, who pays the capital gains tax when the home is sold? Does each heir pay on his or her portion of the proceeds or are taxes paid from the estate before funds are distributed? Answer:...
Assisted living facilities are a housing option for people who can still live independently but who need some assistance. Costs can range from $2,000 to more than $6,000 a month, depending on location. Medicare won’t pay for this type of care, but Medicaid...
If you are single, you may not think you need to plan your estate, but single people are in as much need of a plan as anyone else. Estate planning not only involves determining where your assets will go when you die — it also helps you plan for what will happen...
A number of tax proposals being considered in Congress could significantly affect gifting and estate plans for those with larger estates — over $3.5 million. If you’re in that category, you might want to meet with your estate planner to take advantage of...
When you need someone else to care for money or property on your behalf, that person (or organization) is called a fiduciary. A fiduciary is a person or entity entrusted with the power to act for someone else, and this power comes with the legal obligation to act for...
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