How Do I File for a Guardianship?
No one wants to see a loved one become unable to make decisions for him or herself. If this happens, however, the court may appoint a substitute decision maker, often called a "guardian," but in some states called a "conservator" or other term. A guardian is only...
Court Declares Deceased Woman’s Marriage Void Due to Lack of Capacity
Nebraska’s highest court declares a deceased woman’s marriage void and reverses financial transactions she made benefiting her husband, finding that she lacked the mental capacity to enter into the marriage. Malousek v. Meyer (Neb., No. S-20-470, July 30, 2021). Molly...
Nursing Homes Grapple with Whether to Force Staff to Get Vaccinated
As COVID-19 cases start to rise again due to the highly contagious Delta variant, nursing homes are considering requiring staff members to be vaccinated. Only 59 percent of nursing home staff are partially or fully vaccinated nationwide, and the percentages are much...
Bill Dangles Funding Hope for Families Caring for People with Disabilities & the Elderly
Families of children with special needs face a daunting challenge when their dependents age out of school. Right now, there is a paucity of state support in America for people whose disabilities mean they are unable to care for themselves, leaving family members,...
Can the Executor of My Grandfather’s Will Keep What’s in a Joint Account?
This is a difficult question and one reason to avoid joint accounts. While joint accounts permit the joint owner to manage financial affairs for the original owner, they also remain the joint owner’s property when the original owner passes away. However, in many cases...
Medicare Would Cover Dental, Vision, and Hearing Under Senate Democrats’ Spending Plan
The Senate Democrats proposal for a $3.5 trillion spending plan includes expanding Medicare to provide dental, vision, and hearing benefits. The proposal is now being negotiated in Congress. Currently Medicare does not offer much in the way of dental, vision, and...
Be Careful Not to Name Minors as Your Beneficiaries
Most people want to pass their assets to their children or grandchildren, but naming a minor as a beneficiary can have unintended consequences. It is important to make a plan that doesn’t involve leaving assets directly to a minor. There are two main problems with...
Britney Spears Case Offers Lessons on Guardianship
Britney Spears’s legal fight to wrest back control over her personal and financial affairs has flooded the issue of guardianship in Klieg lights. While a full guardianship may be necessary for many individuals with special needs, the Spears case underlines the option...
Estate Planning Focus: Joint Accounts
This is a difficult question and one reason to avoid joint accounts. While joint accounts permit the joint owner to manage financial affairs for the original owner, they also remain the joint owner’s property when the original owner passes away. However, in many cases...
You May Be Overestimating Your Social Security Benefits
Studies have found that workers overestimate how much they will receive in Social Security benefits when they retire. Having a good understanding of the realities can help you plan for retirement. Researchers from the University of Michigan studied the expectations of...
The Need for Medicaid Planning
One of the greatest fears of older Americans is that they may end up in a nursing home. While we are blessed with excellent skilled nursing communities in the Kansas City area, these options may not be found everywhere. Transitioning to a skilled nursing community not...
Supreme Court Agrees to Hear Florida Medicaid Reimbursement Case
The U.S. Supreme Court has agreed to decide whether Florida can seek reimbursement for Medicaid payments it made on a recipient’s behalf from portions of the recipient’s personal injury settlement that are allocated to future medical expenses. The decision will...
Bankruptcy Court Allows Discharge of Son’s Nursing Home Debt; Not Required to Spend All of Mother’s Assets on Her Care
A U.S. bankruptcy court rules that a son’s judgment debt to a nursing home for his mother’s care is dischargeable in bankruptcy, finding that the son’s failure to apply all of his mother’s income and assets towards her care did not constitute an attempt to defraud the...
Supreme Court to Hear Case That Could Increase the Bite That Medicaid Takes Out of Settlements
The U.S. Supreme Court has agreed to hear a case disputing how much states can recoup from Medicaid recipients’ settlements in personal injury cases. The decision has the potential to affect anyone who receives government assistance with their medical care following a...
What Happens to Your Online Content When You Die?
More and more of the music, movies, and books we own exist only online, in digital form. What happens to these collections after the owner dies? Surprisingly, while you may want your heirs to have access to the books, music and films that you loved, without a physical...