• Be Aware of These Common Elder Law Problems

    Under normal circumstances, the client-lawyer relationship is based on the assumption that the client can make decisions about important matters. However, maintaining the normal client-lawyer relationship becomes difficult when the client is incapacitated due to illness, advanced age, or disability. This is a common problem in the administration of elder law, and can raise concerns about whether or not the client, and her estate, is represented fairly. Thus, the ethical administration of elder law is the highest priority.

    Attorney-Client Privilege

  • Elder Care Question: Hospice or Nursing Home?

    If an elderly person is released from a hospital and has a terminal illness, which option does he choose: Hospice care or a skilled nursing home?

    According to a study from the University of California, San Francisco, records show that a third of the time people who need end-of-life care choose skilled nursing facility benefits provided by Medicare, rather than enter hospice. Certainly 24/7 nursing care that monitors vitals and manages fluids can help the patient, but a skilled hospice team should provide treatment for end-of-life symptoms, such as shallow breathing and pain.

  • The Areas Elder Law Covers

    Elder law covers a group of legal specialties focused on the legal needs of older Americans. Needs, of course, vary; therefore, elder law decisions often involve participation by the client’s children, parents, financial advisors, government agencies, healthcare personnel, as well as an elder law attorney.

  • Understanding Guardianship and Conservatorship

    Not all estate planning involves the distribution of assets after death; creating a plan to protect a minor child’s personal and financial well being in the event of a parent’s death or mental incapacitation, or a plan to follow when an adult becomes incapacitated and unable to make important healthcare and financial decisions, comprise estate planning, too.

  • The Necessity of Estate Planning is Growing

    While the basics of estate planning have remained the same for centuries, three key elements emerging in the 21st century that make estate planning a growing necessity. Those who already have a will and planned asset distribution may need to revamp their last will or revocable trust to include three concerns they may have previously overlooked: aging parents, pets, and digital assets.

  • Steps to a Quality Estate Plan

    Estate planning helps ensure that your loved ones understand your wishes and that they are cared for following your death. Benjamin Franklin once said that by failing to prepare, you are preparing to fail. That could not be more true when it comes to estate planning. Statistics show that nearly 70 percent of Americans don’t create an estate plan. Without a plan, your assets can be awarded to people whom you did not choose, or go to the Internal Revenue Service.

  • Understanding Wills and What They Mean

    Traditional wills guide the proper transfer of assets to beneficiaries after death. The creator of the will, called a testator, writes a will to document how the estate—the accumulated property and possessions—are to be distributed to beneficiaries. An executor, also called a Personal Representative oversees that the directions of the will are carried out. 

    Understanding How a Will is Created

  • The Basics of a Medical Directive

    When creating an estate plan, consider adding a Medical Directive. Some opt for a living will while others prefer to have a durable health care power of attorney. Before creating this document, however, you need to learn the laws of your state to ensure the document meets the legal requirements. With the help of the document selected, your healthcare provider will be able to follow your wishes rather than doing what he or she feels is best.

  • Know the Difference: What is Guardianship and Conservatorship?

    While reaching a point where help is needed to conserve an estate or ensure an individual receives needed care, there are processes in place to protect individuals. Although most attention is given to seniors, individuals of any age may require protection. One question which often arises is the difference between Guardianship and Conservatorship. Eldercare legal experts from Life Care Planning Law Firms Association (ICPLFA) are available to work with clients finding themselves in need of assistance. So, What is Guardianship and Conservatorship?