Latest from Elder Law Issues - Page 2

One of the very last steps in the estate planning process is actually signing the documents. By the time you are ready to sign, you have already done the hardest parts of estate planning. You have met with an attorney, decided who should act in what role, determined who should get what stuff, and read

If you have a retirement account, bank account or a life insurance policy, you may have been asked to designate a beneficiary. Beneficiary designations name one or more person to receive the assets in an account upon your death. The beneficiary has no interest in the asset until you die, and can be changed at

Sometimes things don’t work out the way you expect. Maybe you’re the trustee of a special needs trust, and you’re wondering: can I terminate the trust?
Our answer: a clear “maybe.” But we also want to ask our own question: even if you can terminate the trust, should you?
Some qualifications about our suggestions
Before we dive into

Thirty years!
Our newsletter (and the rest of our website, for that matter) is focused on providing information. We reason that if we give our readers information they’ll see that the legal questions we deal with are complicated, and that we know a thing or two. Maybe we can help with their elder-law related legal

Do you have a child with a disability? You may have tangled with the alphabet soup of public benefits programs. We’d like to introduce you to some of the acronymic programs and help you distinguish among them.
Supplemental Security Income — SSI
One of the key elements of the alphabet soup of benefits is SSI.

Clients (and family members) are often confused by the difference between civil commitment, guardianship and other similar-but-different legal proceedings. A recent Arizona appellate decision made us think about those differences. Let’s see if we can clarify.
First, the case
Actually, the case that made us think about this isn’t about guardianship or vulenrable adults at

What happens when our clients become incapacitated? We worry a lot about the right message for family members — and our clients themselves. We’ve adopted some basic rules and approaches.
What’s the problem?
When we prepare estate planning documents for a client, they will typically have named agents in their powers of attorney. They may