Guardianship or Durable Power of Attorney: Which Will Serve My Loved One Better?
Both guardianship and durable power of attorney (DPOA) are legal arrangements that allow one person to make decisions on behalf of another, typically when that person is unable to make decisions for themselves. However, they differ in several key aspects....
The Dos and Don’ts of Guardianship of an Aging Person
Certainly, being a guardian for an aging person comes with responsibilities and considerations. Here are some Dos and Don'ts: Dos: Respect Autonomy: Encourage independence and involve the aging person in decision-making as much as possible. Regular Communication: Keep...
Worried About Paying for Care in a Skilled Nursing Home?
The cost of nursing home care can be a concern for many people. It's often expensive. According to Genworth, a private room in a nursing home can cost more than $100,000 per year. Moreover, the company suggests that by the year 2031, a private room will cost over...
10 Ways to Maximize Your Social Security Retirement Benefits
Social Security wasn’t meant to be a primary source of income for retirees when it was first created in 1935. It sought to provide an umbrella of protection for people who couldn’t save enough for retirement. Most Americans didn’t think much about Social Security,...
What Is the Difference Between Palliative and Hospice Care?
Palliative care and hospice care can provide comfort to seriously ill patients and patients who have received a prognosis of imminent death. Each type of care is intended to improve the quality of life among patients who receive it. Many people use the terms hospice...
2024 Standard Protections for Spouses of Medicaid Applicants
Each fall, the Centers for Medicare & Medicaid Services (CMS) renews the federal guidelines that seek to protect individuals whose spouses are applying for or receiving Medicaid long-term care benefits. These protections, known as the Spousal Impoverishment...
What is ‘Nursing Home Level of Care’ According to Medicaid?
When applying for Medicaid’s long-term care coverage, in addition to the strict income and asset limits, you must demonstrate that you need a level of care typically provided in a nursing home. Whether you are applying for nursing home coverage or through a Medicaid...
Understanding Revocable Trusts
Revocable trusts are an effective way to avoid probate and provide for asset management in the event of incapacity. In addition, revocable trusts--sometimes called “living” trusts--are incredibly flexible and can achieve many other goals, including tax, long-term...
Living Trust vs. Irrevocable Trust: What’s the Difference?
Trusts can be useful tools to protect your assets, save on estate taxes, or set aside money for a family member. But before you commit to adding a trust to your estate plan, make sure you understand the differences between revocable (living) and irrevocable trusts...
Using a QTIP Trust in Estate Planning
Estate planning is crucial when managing valuable assets and ensuring the smooth transfer of wealth to future generations. There are various types of estate planning tools available, some of which may be more useful depending on your circumstances. For some, a...
What to Know About Creating a Living Will
Creating a living will ensures your future health care decisions and plans are respected. A living will, or advance directive, is a legal document outlining medical treatment preferences and end-of-life care if you can’t communicate or make decisions for yourself....
6 Ways the Sandwich Generation Can Plan for The Future
Anyone experiencing the struggle of simultaneously caring for children and aging parents is part of the sandwich generation. Although “generation” is part of the phrase, it doesn’t refer to people born at a specific time. Typically, these family caregivers will be in...
What Does Incapacitated Mean in Elder Law & Estate Planning?
When working with an attorney to prepare for your future and address the challenges associated with aging, you will likely come across the term “incapacitated.” Incapacitated Definition Someone who is incapacitated cannot make personal decisions or understand legal...
What Is the Lifeline Program?
The Lifeline Program is a federal program that works to lower the cost of phone and internet services for low-income American households. The Lifeline Program can certainly benefit an older person living on a fixed income. With the reduced costs that Lifeline provides...
Can Medicaid Recover Assets If Application Wasn’t OK’d?
Question: My mother-in-law was in a nursing home for five months. She applied for Medicaid and was denied the first time. An appeal was filed, but nothing was ever heard back. In the meantime, she has passed away. What happens to any of her assets (not that she had...