Category archives: Incapacity
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5 years ago
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Being appointed guardian of a loved one is a serious responsibility. As guardian, you are in charge of your loved one's well-being and you have a duty to act in his or her best interest.
If an adult becomes mentally incapacitated and is incapable of making responsible decisions, the court will ap... [read more]
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5 years ago
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Making sure your end-of-life wishes are followed no matter where you happen to be is important. If you move to a different state or split your time between one or more states, you should make sure your advance directive is valid in all the states you frequent.
An advance directive gives instr... [read more]
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5 years ago
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The Trump administration is officially rolling back a ban on the use of arbitration agreements by nursing homes that was initiated under President Obama. The Centers for Medicare and Medicaid Services (CMS) issued a rule that once again allows nursing facilities to use arbitration to settle disputes... [read more]
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6 years ago
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If you become incapacitated, who will make your medical decisions? A health care proxy allows you to appoint someone else to act as your agent for medical decisions. It will ensure that your medical treatment instructions are carried out, and it is especially important to have a health care proxy if... [read more]
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6 years ago
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One question we are often asked by clients is how specific they should be in their Estate Planning documents regarding their wishes about having visitors and guests during a serious illness or period of incapacity. We recommend that clients talk with their families about these preferences and write ... [read more]
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6 years ago
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The Importance of Designating a Health Care Surrogate
We're often asked by clients how they can make sure that their medical wishes are carried out in the event of illness or injury. The designation of a Health Care Surrogate addresses this concern by giving a person you select the ability to mak... [read more]
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6 years ago
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We're often asked by clients if they would benefit from the use of a Revocable Living Trust. Our answer is that Revocable Living Trusts are an excellent way to manage property and other assets during their lifetime and to transfer them to loved ones after death without probate. You can also modify o... [read more]
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7 years ago
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As rental housing prices continue to escalate nationwide, particularly in urban centers, low-income people with disabilities are finding it increasingly difficult to find affordable housing.
The Technical Assistance Collaborative and the Consortium for Citizens with Disabilities recently rele... [read more]
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7 years ago
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When victims of medical malpractice and other catastrophic accidents receive awards in personal injury lawsuits, obtaining the award is only half the battle. Of equal, or greater, importance for the person’s future is constructing the settlement structure in a way that best protects their long-term ... [read more]
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7 years ago
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While long-term care insurance costs are up in general, some policies are going down in 2018, according to the 2018 Long Term Care Insurance Price Index, an annual report from the American Association for Long-Term Care Insurance (AALTCI), an industry group.
A married couple who are both 60 y... [read more]
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7 years ago
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Caring for an elderly parent can be stressful for families. Siblings may disagree over how to provide care or where a parent will live, and if these squabbles escalate into a guardianship battle, it can cost the family thousands of dollars. To avoid this, lawyers have begun drafting sibling agreemen... [read more]
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7 years ago
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We are often asked by caregivers how they can protect a loved one's home, if they need to have skilled at-home or nursing home care and cannot afford the high costs to cover these services or facilities. Our answer is that with appropriate legal strategies we can help them get financial assistance t... [read more]
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