I hear this question a lot when I teach seminars. If you’ve been to a seminar, you have heard me say that “trusts come in many flavors.” There are all sorts of trusts, and whether you should have one depends entirely on your situation. I would say that about one-third of my clients need...
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Last Week Tonight’s John Oliver Has Something to Say About Guardianships
Have you seen his piece on guardianship? It’s scary, they are extreme though not rare examples that he uses, and being John Oliver, the bit has its funny moments too.
As one of the spotlights, he tells the story of a couple who were put under guardianship, even though they perhaps were still competent...
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Elder Care Workshop Series at Norwell Public Library
Getting older? Taking care of someone who is? Come to this three-part series to learn some helpful tips from local Elder Services professionals.
Wednesday, March 8:
“Who Can Help Me?”
Find out how to access elder services in your community.
Presented by Susan Curtin, Director at Norwell Council on Aging.
“Elder Law 101”
Get to know the basics...
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Life Estate Deeds – An Antique Technique Providing Modern Convenience
When we pass away, our assets are divided into two groups – probate and non-probate. Non-probate assets are things like bank accounts and life insurance policies that you have named joint owners or TODs on – they transfer to the named beneficiaries upon your death without any court involvement. Probate...
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Beware of the Binding Arbitration Agreement in the Nursing Home Admission Packet
Imagine that you’re being admitted into a nursing home. You are having trouble making decisions and managing your affairs at this point. Luckily, you planned ahead and have a Health Care Proxy in place. Your agent fills out the reams of paper that seem necessary for your admission, including a binding Agreement to Arbitrate....
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Heard at the Office: “I Don’t Need a Power of Attorney, My Spouse Can Manage My Finances for Me.”
That would be the simplest approach, but unfortunately, this is not the case. For any accounts that are joint with your spouse (usually bank accounts, like savings, checking, and CD’s), then yes, even if you are in the hospital or develop dementia, your spouse can manage those accounts.
But what about accounts...
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Heard at the Office: “Can’t My Spouse Automatically Speak for Me at the Hospital?”
Under the law, no. In real life, sometimes.
Many people think that they don’t need to sign a Health Care Proxy because they assume that the law permits their spouse to speak for them in medical emergencies. The law actually says quite the opposite. Only you or someone you have...
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Life and the Afterlife: Durable Powers of Attorney & Health Care Proxies vs. Wills
There is some basic vocabulary that almost everyone mixes up. Understanding which word to use when will help you better understand your estate planning documents.
During Life
During your lifetime, you want to have someone as “backup” to help you with your finances and personal business should you become incapacitated. (Or if you decide...
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Heard in the Office: “I Want to Name My Son Executor under My Power of Attorney.”
I hear this a lot. This post is about vocabulary.
A Durable Power of Attorney is the document where you name someone to help you while you are living – you name someone (usually a spouse, child, sibling, or best friend) to help you in case you are unable to manage your finances yourself, for...
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Trusts
Most Americans don’t realize that they have an estate. Most people think that an “estate” includes a mansion in the hills, a private jet, or millions of dollars in investment accounts. But the true definition of “estate” is a person’s possessions or property—regardless of the size or amount. Everybody has an estate; and if...
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