New York Estate Planning & Elder Law Blogby Bonnie Kraham, Esq. If you become incapacitated, and need someone to act for you in legal, financial and medical affairs, who do you want to be in charge of selecting that person? (a) you (b) the government We all know the answer. And it’s not the government. Unfortunately, many people don’t sign “advance directives” […]
Search Results for: GUARDIANSHIP
What is Elder Law Estate Planning?
“Elder Law Estate Planning” is an area of law that combines features of both elder law (disability planning) and estate planning (death planning) and relates mostly to the needs of the middle class. Estate planning was formerly only for the wealthy, who wanted to shelter their assets from taxes and pass more on to their […]
A Baker’s Dozen Reasons to Use a Trust
Trusts can shield your assets from the high cost of home care making you eligible for home health aides through the Medicaid program. Trusts start the five year “look-back” for institutional care, making you eligible for Medicaid benefits to pay for a nursing home. Trusts can ensure the inheritances you leave will stay in the […]
Reasons to Revise Your Estate Plan
Estate planning is not written in stone. Instead, estate plans should be revised and reconsidered when various major life events occur. Marriage may or may not involve a prenuptial agreement. Regardless, it may call for adding your new spouse’s name as beneficiary on insurance policies, on a will or trust, power of attorney, health care […]
Trusts Create Order Out of Chaos
At Ettinger Law Firm, we are fond of saying “trusts create order out of chaos” — for three major reasons: First, as noted in previous columns, an ever-increasing number of Americans suffer a period of legal disability later in life. Without your own private plan for disability, consisting of a trust and a “prescription strength” […]
In Wills We Trusted
Ask most people if they’ve done their estate planning and a common answer is, “Yes, I have a will.” However, estate planning is not just a plan for death. It’s a plan for life that addresses what happens if you become disabled. About half of us will eventually becoming disabled. You can choose ahead of […]
Eight Good Reasons to Plan Your Estate
Makes sure your estate goes to whom you want, when you want, the way you want. Most estate plans leave the assets to the next generation outright (i.e., in their hands) in equal shares. However, with a little bit of thought on your part, and some guidance from an experienced elder law estate planning […]
Reasons to Revise Your Estate Plan:(And What You Should Consider Revising)
Estate planning is not written in stone. Instead, estate plans should be reviewed and reconsidered when various major life events occur. This article reviews some of the big life changes that should cause you to review the terms of your estate plan. This article reviews some of the things you should consider reviewing after these […]
Coronavirus Deaths Encourage New Elder Law Guidelines
Delegates for the Association for Behavioral Analysis’ recently approved several guidelines related to the news of older people in the United States during the Covid-19 pandemic. One of these proposals, Resolution 603, adopts recommendations from a Guardian Summit and ultimately encourages all regulators to incorporate these measures when revising guardianship laws. The spokesperson who introduced […]
Updates Made to State Voting Laws for People with Limited Capacity
Fewer rights are more fundamental than the right to vote in the United States. Unfortunately, many people take the right to vote for granted. People who face limited capacity or who are currently under guardianship, however, experience substantial challenges in regards to voting. Many states even restrict and some bar voting rights for individuals faced […]