Advance Medical Directives? Now There’s an App for That
More Americans than ever can now store information on smartphones and tablet devices. Whether engaging in online banking, using a mobile plane boarding pass, or creating work calendars shared in the cloud, the internet provides needed connectivity. Yet critical...
Can We Return Gifted Property So That Our Mother Is Not Subject to a Medicaid Transfer Penalty?
Yes. If someone transfers property for less than fair market value within five years of applying for Medicaid, they will be subject to a penalty period. This penalty is a period of time during which the person transferring the assets will be ineligible for Medicaid....
End-of-Life Care Decision Making
Just as we create estate plans for our eventual demise, we also need to plan ahead for the possibility that we will become sick and unable to make our own medical decisions. Medical science has created many miracles, among them the technology to keep patients alive...
Conservator Acting Pursuant to a Judge’s Authorization Is a Quasi Judicial Officer and Has Immunity
Massachusetts’ highest court holds that a conservator was acting pursuant to a judge’s approval when she evicted a tenant and sold a house, so she is a quasi judicial officer and is immune from claims that she breached her fiduciary duty and converted...
Watch Out for These Potential Problems with Life Estates
Life estates can be an excellent tool for Medicaid planning, probate avoidance and tax efficiency, but there are potential problems to look out for. Knowing the implications and risks of a life estate is essential in determining whether it is appropriate for your...
Can a Marriage Be Annulled After One Spouse’s Death?
Marriage is supposed to be “until death do us part,” but after one spouse dies, is it possible for a court to declare a marriage invalid (annulled)? It can be happen, as a Nebraska widower recently learned, but only in certain circumstances. Marriage provides benefits...
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...