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As we begin a new year, we assess our lives and make health care plans. Americans continue responding to the ever-present threat of COVID-19 in its many iterations, and we are identifying that which is most important in our lives to preserve our health and financial future best. For many, the mere mention of long-term…

Generally speaking, guardianship conjures up images of a minor child being cared for by an adult family member or friend. However, you can employ the process to obtain legal rights over elderly or aging adults, usually parents, who are losing their physical and mental health capacities. While the process is similar, there are some distinct…

For estate planning, special needs children present a unique challenge. Optimizing your estate to use, enhance, and enrich assets for your special needs child while maintaining their enrollment in public benefits programs requires careful planning. An estate planning attorney can prepare a special needs trust to accomplish these and other goals you have for your…

There may be disputes concerning guardianship as well as conservatorships, wills and trusts, family real estate, and intentions of gifts in probate litigation. The most successful approach to mitigating or avoiding probate litigation risk is carefully planning for the future. Comprehensive estate plans that are routinely updated, careful consideration and documentation of gifts, and protective…

Third-party special needs trusts sometimes referred to as supplemental needs trusts are ways for parents of children with mental and physical disabilities to plan for the future. This type of trust will receive assets from you or another benefactor expressly for that person with a disability. Goals include: Often parents will leave additional assets to…

A geriatric care manager’s role involves attending to a senior’s specific health care needs rather than catering to a specific age group. The truth is aging is a complex, highly individualized process, and a geriatric care manager (GCM) may be appropriate at age 65 or 105 and any age in between. A geriatric care manager…

A person who might need Medicaid assistance in the near future should not give gifts to a loved one. This can be sad if that person gets joy out of generosity. But gifts in that situation can turn out to be very, very expensive. Medicaid is the government program that covers the huge expense of…

According to the National Council on Aging (NCOA), Americans lose between 2.6 and 36.5 billion dollars in assets and money each year to elder financial fraud and abuse. And although self-reported financial exploitation occurs at higher rates than all other types of elder abuse, the NCOA believes instances of elder financial fraud and abuse are…

An estate plan should be carefully thought out and discussed with your spouse or life partner. Before meeting with an estate planning attorney, it is best to discuss your ideas to present a united goal. This conversation can be challenging if you and your loved one have different points of view about your future and…