This week is National Estate Planning Awareness Week, which is designated by Congress to educate people about the importance of estate planning. Additionally, it serves as a nice annual reminder to review your estate planning...more
Because this writer is now of “that age” and the topic of senior mental infirmity seems to be a focal point of the 2024 Presidential race, I have been watching a podcast about powers of attorney and their cousins the...more
As our loved ones age, it is crucial to ensure their safety and well-being, especially in the face of potential threats like elder fraud. Protecting older family members from financial exploitation requires proactive measures...more
Though some situations cannot be avoided, legal documents can be employed to clarify your wishes and priorities. If you become debilitated by an illness or injury, an advance directive can detail which treatments and...more
What happens when someone who is responsible for an incapacitated family member or a minor child becomes no longer able to do so? For a Guardian serving under court ordered authority, the appointment process for a successor...more
As estate planning attorneys, we not only discuss with clients the importance of having estate planning documents in place, but also the importance of updating documents when life changes. As a rule of thumb, estate planning...more
More than 50% of Americans lack an estate plan, which can lead to tricky situations down the road when a loved one gets sick or passes away. A living will, or advanced directive, in particular, can be a critical document in...more
Planning for the end of one’s life, or potential incapacity, is probably something an individual in their 20’s, 30’s, or even 40’s does not want to contemplate. Even those in their later years might find it a difficult topic...more
Recent legislative changes (ESSB 5370) to the Washington Mental Health Advance Directive law should broaden its use in behavioral health and provide an important and updated decision-making model form for individuals...more
First and foremost, let’s address a common misconception we’re seeing right now: a Living Will is NOT the same as a Last Will and Testament. The terms “living will” and “medical directives” are hot topics currently as many...more
Lawmaking in the COVID Era - The legislature adjourned Friday June 26 at 8:41 p.m. Sort of. After holding what was nearly the longest and certainly the strangest session in history – half of it remotely – the legislature has...more
While we deal with an unprecedented global pandemic which alters life as we know it for all of us, COVID-19 brings up concerns regarding our clients’ Advanced Directives that were prepared and signed during “normal” times. ...more
Amid the chaos of COVID-19, estate planners and elder law attorneys across the country are busy fielding calls and questions about how to prepare for the global pandemic. After all, aside from drafting and executing estate...more
As the saying goes, an ounce of prevention is worth a pound of cure. That is a message that we have all been getting as the COVID-19 virus spreads. Don’t panic, cover your cough, stay home when sick, and above all else, wash...more
Many of us love to make New Year’s resolutions – with a fresh, clean calendar laid out before us, the possibilities seem endless! But that vast expanse of “what might be” can also be overwhelming. So, if estate planning is on...more
In Massachusetts, communicating and enforcing our health care wishes is a two step process. First, we must have the document. Under our state laws, a health care proxy must be in writing, be executed properly, and must name a...more
A morbid topic? Of course! But for our older clients and their adult children in the sandwich generation (young children of their own and aging parents) having the discussion can be extremely beneficial to both the elder and...more
An estate planning rule of thumb is to review (and, if necessary, revise) one’s estate plan in light of major life events. Such events include a marriage, birth of a child and a divorce. A second marriage also calls for an...more
While we may know better, an 18 year old college student is generally considered an adult under New York law. Your rights as a parent to make decisions for your child change suddenly when he/she turns age 18. You no longer...more
Why Young Adults Need Power of Attorneys - When children turn 18, they legally become adults. If there was a catastrophic life event which rendered them unable to make their own life decisions, their parents no longer...more
If you are a physician, mid-level provider, or work with those providers, then you have been bombarded with new acronyms for new programs and promises to remove older acronyms from your Medicare vocabulary. Medicare...more
Beginning Friday, August 26, 2016, Oklahomans have another tool available to them for use in planning end-of-life care and treatment. It’s called an OkPOLST, which stands for Oklahoma Physician Orders for Life-Sustaining...more