Aunt Minnie may appear to be a little flighty and forgetful, but does that mean she is incapable of creating and legally executing (signing) a will? The answer is complicated. The preparation of an estate plan, which may include a will, trust, and/or other documents, involves many steps. Assets and liabilities must be identified and decisions need to be made…
No one likes to think of this subject but the reality is that anyone at any age can be struck down by injury or illness. Two of the fastest rising maladies in the United States are dementia and stroke. Incapacity may be either temporary or permanent. The issue then is who will step into a person’s shoes and manage their…
For anyone with aging parents or loved ones, the prospect of finding someone to assist that person at home when the time comes can be a daunting task. Even before that time comes, convincing a parent that they need help at home is a challenge. Most elders resist anything that threatens their independence and they fundamentally do not want strangers…
According to the Alzheimer’s Association, approximately 5.3 million Americans were living with Alzheimer’s disease in 2015. Women age 60 and over are considered at highest risk of developing Alzheimer’s disease. Alzheimer’s is a progressive form of dementia that causes problems with memory, thinking, and behavior. While estate planning is important for everyone, it is especially important to consider after a…
California has made some important changes to its Probate Code regarding guardianships, conservatorships and elder abuse that you should be aware of. Up until now, in California and most other states, a wife or husband had the legal right to bar visitation to the other spouse’s adult children who might want to visit them. An ailing spouse may have dementia…
Many people think estate planning is only necessary for the elderly and the wealthy. This is a very common misconception. Here are six reasons why estate planning should be on the radar for everyone in their 20’s or 30’s: 1) You Never Know What May Happen Think you are young and have plenty of time left to worry about estate…
The advance health care directive is one of the most crucial estate planning documents that you can create for yourself. This document gives someone you choose (“agent”) the power to manage your medical and health care affairs if you become incapacitated or mentally impaired. It is a position of maximum trust. If you plan to appoint someone as your agent,…
If you are over the age of 50, chances are that someone in your family or friend has been struck by a debilitating disease. Some of the most debilitating diseases in the U.S. include rheumatoid arthritis, schizophrenia, muscular dystrophy, chronic obstructive pulmonary disease (COPD), cystic fibrosis, Parkinson’s, amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease, Alzheimer’s and…
Looting an elderly person’s estate is not as isolated as you may think. There have been many newspaper articles about estate looting. For example, back in 2009, Anthony D. Marshall, the 85-year-old son of Brooke Astor, the wealthy New York socialite who died in 2007, was sentenced to prison for raiding money from his mother’s estate that was earmarked for…