Just as most people would prefer not to have to spend much time contemplating their own death, most people would also prefer not to envision a life suffering from Alzheimer’s disease. If you have avoided thinking about the possibility, you are hardly alone; however, from an estate planning perspective, it is imperative that you do consider the possibility. If you develop Alzheimer’s in the future, someone else will need to take over control of your assets and make important decisions for you … [Read more...]
Legal Guardianship and Powers of Attorney
A legal guardianship can be granted when an adult becomes unable to handle his or her own affairs. To prevent a legal guardianship, you could use a certain type of power of attorney. Before we narrow our our focus on this dynamic, we should provide some general information about powers of attorney. Empowering a Representative There are circumstances that can exist that would call for the appointment of a representative to act on behalf of another person in a legally binding manner. The document … [Read more...]
How Does a Power of Attorney Terminate?
A power of attorney is a device that is used in the legal arena to give someone else the power to act on behalf of the grantor of the power. The individual who is given the power to act as the grantor's representative is called the agent or attorney-in-fact. Some people are misled by the term “attorney-in-fact.” To act as an agent under a power of attorney, you don’t actually have to be a lawyer. Any competent adult can act as an agent under a power of attorney. However, the person that is … [Read more...]
Include HIPAA Release With Advance Directives
Incapacity planning is an important component to any comprehensive long-term plan. The fact is that people generally suffer some type of decline before passing away, and others become incapacitated due to accidents or unexpected catastrophic illnesses. Given the fact that it is very possible that you will indeed become incapacitated at some point in time it is rather reckless to go through life without making any preparations for this contingency. It should be noted that people are routinely … [Read more...]
When Will Your Parents Need Assistance?
When we are children our parents are pillars of strength who are larger-than-life. And even as we get older we invariably rely on our parents for good advice and sometimes even some financial assistance when and if it is necessary. However, there comes a time when the tables can be turned. With this in mind it is a good idea to evaluate the well-being of your aging parents on an ongoing basis. Some people are too proud to ask for help, and this is something to be aware of when you are watching … [Read more...]
Are Home Health Aides Properly Screened?
Elder law attorneys will always advise their clients to consider the possibility of the need for living assistance at some point in time because most seniors will indeed require help with their day-to-day needs eventually. There are some good reasons to choose in-home care if you require living assistance. For one thing, you may simply enjoy the familiar surroundings. When you reach an advanced age you may have lost people close to you and this can make the connection that you have with your … [Read more...]
Alzheimer’s: Physical Diagnosis May Be Possible
Due the incredible medical advances that have taken place over the last few decades life spans are steadily going up. This is great news of course, but there are some challenges that can present themselves when you reach an advanced age. One of these is Alzheimer's disease, and it strikes about four out of every ten people who are at least 85 years of age. This is a disease that is doing a great deal of harm as the 6th most common killer that we have, but there is no treatment, cure, or even … [Read more...]
Incapacity Planning & Holm Case
The legendary actress Celeste Holm passed away recently, and she will certainly be missed. Holm had an enormous impact on the industry over a very long period of time, winning an Oscar in the 1940s and appearing on a multitude of television shows decades later. Celeste Holm was 95 years of age when she passed away in her Manhattan apartment with her husband Frank Basile by her side. She married Basile back in 2004, and it should be noted that the man who is now her widower was 44 years younger … [Read more...]
