Archive for the ‘Elder Law’ Category

How To Choose and Be a Health Care Proxy

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Worried About Long Term Care?

Are you worried about how your family will survive the rising costs of long-term care? The Elder Law Office of David Wingate may help you save thousands! Just listen to what one of your friends and neighbors had to say: “I’m so glad that I found out about David Wingate. A friend of a friend had used them, and they came highly recommended… My mother was going into a nursing home, and I needed to find a way to pay for it. They listened to my concerns and worked out a viable plan, placing her assets in a Trust. Her…

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Executor vs. Power of Attorney: What’s the Difference, & Can They Be the Same Person?

In your estate planning, you’ve likely heard the phrases executor and power of attorney. You may be wondering what each of these terms means, and whether or not someone named as your executor can also be named power of attorney.   What Is an Executor? An executor is someone chosen to carry out the conditions set out in your will. This individual is often a family member or trusted friend that you think can handle the responsibility and can stay organized through the process. Your executor will be responsible for making sure any debts that remain after your death are…

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What Is Estate Planning, & Why Is It Important?

You’ve heard the term “estate planning” thrown around by family, friends, and news reports, but you don’t quite know what it all means and why it’s so important. Is estate planning just making sure you have a will written out or are there other aspects to the process? And, if you’re still young, do you need to worry about estate planning yet?   What Is Estate Planning? Estate planning is making plans about who will receive your personal items – cars, house, financial assets – in the event of your death. Additionally, designating who will care for your children, finding…

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The MOLST form (basically the old DNR) must be consistent with known decisions of the patient, if competent, or by the health care agent or other decision maker, if not competent. The form must be reviewed annually and must be updated if the patient changes his or her wishes, or if his or her physical condition changes. If there are multiple MOLST documents, the most recent version controls. The Advance Directive names the agent, establishes their authority, and outlines healthcare decisions, while the MOLST form makes known these directions. These documents should be consistent with each other in order to…

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What Can an Elder Law Attorney Do For Me?

Elder law attorneys serve as advocates for elderly or disabled clients and their families, providing counsel on a wide range of topics including health care, guardianship, and estate planning. Though it may seem that elder law attorneys are meant to handle extreme or unusual cases, everyone can benefit from the services of an elder law attorney. Here are four things an elder law attorney can do for you: Estate Planning Making sure your affairs are in order is essential, and having an experienced elder law attorney to guide you through the process makes everything easier. Because there are strict guidelines…

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Pennsylvania Group Takes First Steps to Protect Seniors

Statewide reforms to improve protections and justice for older Pennsylvanians are in the works. A state Supreme Court committee is examining the proposed expansion of a rule that allows the courts to preserve testimony of victims who might not be available to testify if a case languishes in the system. The rule may be expanded to include victims whose age or illness, like dementia, might make it impossible for them to have their day in court. The committee is also weighing the value of adding a box to a standardized arrest form that would indicate whether the victim is elderly,…

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2015 Spousal Impoverishment and Home Equity Figures Released

The Centers for Medicare and Medicaid Services has released its Spousal Impoverishment Standards for 2015. The official spousal impoverishment allowances for 2015 are as follows: Minimum Community Spouse Resource Allowance: $23,844 Maximum Community Spouse Resource Allowance: $119,220 Maximum Monthly Maintenance Needs Allowance: $2,980.50 The minimum monthly maintenance needs allowance for the lower 48 states remains $1,966.25 ($2,457.50 for Alaska and $2,261.25 for Hawaii) until July 1, 2015. Home Equity Limits: Minimum:   $552,000 Maximum:  $828,000 David Wingate is an elder law attorney, and practices in Frederick County, and Montgomery county, Maryland.

Arbitration in Trusts

Because arbitration is often faster, cheaper, private and more convenient than litigating disputes in court, mandatory arbitration clauses have long been a mainstay in a variety of commercial contracts.  Additionally, the parties’ ability to choose an arbitrator with expertise in the particular area of law at issue often adds significant benefit. In the context of commercial contracts, however, there have been concerns over potential bias in favor of “repeat customers”—that arbitrators might find for the company perceived as likely to arbitrate more cases down the road or regularly come out against individual consumers who are unlikely to litigate additional arbitration…

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David Wingate receives AVVO’s Clients’ Choice Award for 2013!

AVVO is pleased to present you, the Elder Law Office of David Wingate, with the Clients' Choice Award for 2013!