Why would you ever consider giving someone else the power to manage your health and financial affairs? After all, you’re healthy and don’t have any concerns. However, if you have a heart attack, stroke or an accident that leaves you suddenly incapacitated, who will carry out your affairs? Consequently, you should consider a power of attorney. A few simple steps can relieve you of worry and your family from the burden associated with the difficult decisions that come with aging. What is a Power of Attorney? A power of attorney is a legal document allowing someone to act on another’s behalf….
Because elder law attorneys work with a variety of agencies that provide assistance or expert advice for the elderly, they understand the complexities of preparing an advance directive or living will that can be respected and carried out according to your final wishes. If you try to prepare a living will or advance medical directive on your own, you could neglect to include important information that your descendants should have in order to respect your wishes. Someone may have to hire a litigation attorney to sort things out if not everyone agrees on how to proceed. You don’t want your…
There are several questions everyone should ask themselves when preparing a living will, advance medical directive or other legal documents that have a direct impact on how a medical emergency should be handled by healthcare professionals. Elder law attorneys know that fewer than 70% of families actually make the correct choice when they are forced to guess at what their loved ones want done. Physicians are even more apt to make a judgment call that isn’t in line with their patients’ final wishes or religious beliefs. Before you begin to prepare an advance directive or living will with your estate…
No one wants to think about being incapacitated before they die. Most of us hope that we’ll never have to be a financial, emotional or physical burden to our loved ones, but the reality is that many people live longer than anticipated and may end up being a monetary and emotional weight on our children or spouses. Fortunately, there are many elder law attorneys who can help you prepare various documents, including advance directives and living wills, that address these issues. Avoiding making end of life plans is a mistake that can have a profound effect on our own lives…
You have worked hard your entire life and have accrued some assets. However, these assets can be at risk if they are not properly protected. There are a number of methods to protect your assets. Therefore, it’s advisable to get expert advice when considering protecting your assets, especially in today’s economy. Here are a few examples of just how you could protect your life’s work: One of the best ways of protecting your assets is by estate planning, through various trusts. Another way to protect your assets is to think about an asset protection plan. There are various provisions in…
As an elder law attorney firm, when we meet with clients during our initial consultation, it is necessary for us to obtain information regarding income and assets. Unfortunately, most clients do not have a clear understanding of their financial situation. Consequently, people with an unclear or incomplete understanding of their finances often fail to budget for expenses properly, and may miss important payments which can affect overall credit scores. The elderly, in particular, may fall prey to various financial “scams.” Therefore, family members need to provide assistance to their relatives to avoid these situations. Family members are often reluctant to…
The traditional model for these facilities is institutional, with facility designs and procedures based on mass efficiency instead of individual concern for the well-being of each resident. At the Elder Law Office of David Wingate we appreciate that this "regimented" lifestyle is feared by many local residents who likely have personal stories of friends or family members who lived unhappily in one of these facilities. Some seniors even “put off” estate planning and asset protection strategies, because thinking about these issues is unpleasant and many would prefer to just avoid the issue altogether. Of course, failure to plan for long-term…
As people continue to live longer, seniors are faced with a range of legal topics that younger people typically do not have to deal with. As an Elder law attorney firm we know how specific areas of the law impact our clients and what people can do to protect themselves as they get older. Let’s take a look at some of the most common areas that elder law attorneys deal with. Health Issues As we get older we are more likely to suffer from certain types of medical issues that can affect our ability to make choices. For example, an…
You had a loving relationship with your mother and she always said she would leave everything to you and your siblings, but after she died, you discover she had recently written a new will, leaving everything to her housekeeper. Is there anything you can do? If you believe a loved one's will is not valid, you may be able to contest it. But proving a will is invalid is difficult and this process should be undertaken only if you are sure there is something wrong. Only certain people can contest a will. For example, you can't contest your friend's will…
Emotions can run high at the death of a family member. If a family member is unhappy with the amount they received (or didn't receive) under a will, he or she may contest the will. Will contests can drag out for years, keeping all the heirs from getting what they are entitled to. It may be impossible to prevent relatives from fighting over your will entirely, but there are steps you can take to try to minimize squabbles and ensure your intentions are carried out. Your will can be contested if a family member believes you did not have the…
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