As seniors age, one of their primary concerns is how to protect their assets while still being able to qualify for government benefits and meet their ongoing needs. Medicaid can provide crucial financial assistance for long-term care expenses, but it also has strict eligibility requirements, including limitations on the amount of assets a person can own before they will qualify for benefits. Because of these requirements, a person may be required to “spend down” their assets before they can qualify. However, other options may also be available, including the use of trusts. One potential soluti ..read more

Realizing that your elderly loved one is in need of a guardian to properly manage their personal and/or financial affairs is rarely easy. In many cases, guardianship may be sought for an aging parent or another elderly family member. While you may feel like you are taking away your loved one’s independence, the truth is that their age-related incapacity has likely already done that. Establishing guardianship is often the kindest and most caring thing you can do for an elder who has lost the ability to make important decisions about their own care or cannot fully manage their own finances.  ..read more

Taking care of an aging parent or loved one can be a challenging experience, especially if the person is no longer fully capable of caring for themselves or making informed decisions about their health or finances. In these cases, family members may wish to establish guardianship for an elderly loved one. The legal guardian of an elder will have the right to make decisions for them and the responsibility to provide the necessary care and assistance. While guardianship may appear to be the best solution in certain situations, establishing guardianship can be a complex process, especially if an ..read more

In the state of Texas, the estate of a person who passes away will go through a legal process known as probate. In these cases, a person is appointed as the executor or personal representative of the estate. This person will manage and distribute the deceased person's assets. The executor has a fiduciary duty to act in the best interests of the beneficiaries and handle all matters related to the estate with honesty, loyalty, and care. A breach of fiduciary duty occurs when the executor fails to fulfill their obligations and acts in a manner that harms or disadvantages the beneficiaries. In the ..read more

As our loved ones age, it is important to plan for their healthcare needs. Establishing guardianship and creating a medical power of attorney are two options that families may consider. Both choices have advantages and disadvantages, and the best option will depend on an elder’s specific needs and the role that family members will take when providing care and assistance. An attorney who works in the field of elder law can provide guidance on the available options while helping family members make sure they will be prepared to address the challenges that may arise as they provide care for an el ..read more

A living will, also known as an advance healthcare directive, is a legal document that allows people to set down their wishes for the medical treatment they should receive if they become unable to communicate or make decisions for themselves. While people of all ages may create a living will, these documents can be crucial for elders who may be facing age-related health issues. When deciding whether to include a living will in their estate plan, elders and their families can work with an attorney to learn about their options. The Importance of Planning Ahead As a person ages, their health can ..read more

As people age, it becomes increasingly important to plan for the future and ensure that their affairs are in order. One crucial aspect of this planning involves the creation of a statutory durable power of attorney (SDPOA). This legal document grants authority to another person, known as an agent or attorney-in-fact, to address legal and financial issues and make certain types of decisions on behalf of the elder in the event that they become incapacitated. To ensure that these issues will be addressed correctly, elders and their family members can work with an estate planning lawyer to create ..read more

The passing of a loved one can be a difficult, emotional time for family members. In addition to dealing with the loss, surviving family members may also have to navigate the probate process and take the proper steps to divide the deceased’s estate. When family members disagree on how to divide assets, this can lead to lengthy and expensive legal battles. In such cases, mediation can be an effective way to settle disputes fairly and without the need for costly and lengthy court proceedings. By understanding how mediation works and its potential benefits, families can determine whether this opt ..read more

Sadly, elder financial exploitation is a growing concern in the United States, with adult guardianship cases particularly susceptible to abuse. As more seniors rely on guardians to manage their financial affairs, it is crucial to recognize the signs of financial exploitation and take appropriate action to protect vulnerable individuals. Today, we will discuss identifying elder financial exploitation in adult guardianship cases and steps to take if you suspect abuse.  If you believe an elderly loved one is being financially exploited, do not hesitate to contact an experienced elder abuse a ..read more

Creating a last will and testament is an important step in preparing for the future, and it is a crucial component of estate planning. However, for many elders, creating a will can be a difficult task due to the complexity of the process and the gravity of the decisions that need to be made. It is important to approach these issues the right way, and by fully considering the details that will be included in their will, a person can help their family avoid confusion about what they would have wanted and make sure their wishes will be followed correctly after they are gone. Essential Information ..read more