Written by Jill Roamer J.D. As a senior ages, they may no longer be able to look after their own affairs. This could be their medical affairs, financial affairs, or both. Hopefully, the senior planned early and had the appropriate powers of attorney in place. These documents allow another to act on the senior’s behalf…
Written by Jill Roamer J.D. Federal law prohibits a nursing home from requiring that past-due expenses be paid as a condition for a resident to be admitted to or continue to stay at a facility. But what if someone volunteers such payment? This issue was recently litigated in the Commonwealth of Kentucky Court of Appeals. In this case,…
Written by Robert T. Nickerson October marks two occasions. First is national estate planning awareness month (we know it’s not the most recognized of celebrations). Second, October means it’s Halloween!Some people are spending their time watching scary movies. Some are helping out their children getting their costumes ready for trick or treating. Some are just enjoying the autumn colors…
Written by Robert T. Nickerson Have you ever seen an ad for estate planning and thought, “There’s no way I could ever afford something like that”? You’ve probably seen a lot of stories about the wealthy that’ve spent a lot on lawyers in order to have their assets prepared for their family. I’ll tell you…
Written by Jill Roamer J.D. Undue Influence is when someone pressures another in such a way that the person being influenced is not acting by their own free will; they are being coerced into taking a certain action. The person being influenced does not understand the repercussions of their actions. Recognizing undue influence is a…
Written by Robert T. Nickerson Whenever a family completes or updates their estate plan, the immediately feel a sense of accomplishment. Happiness and security are other thoughts and emotions that probably come with it too. The whole point of an estate plan is to give families ease of mind by having their assets, property and…
Written by Jill Roamer, J.D. Last month, California legislatures passed AB 133, which is creating quite the stir in the elder law community. In particular, section 364 therein is especially surprising. It states, in its entirety:“SEC. 364. Section 14005.62 is added to the Welfare and Institutions Code, to read:14005.62. (a) (1) Notwithstanding any other law, for an applicant or beneficiary…
Written by Robert T. Nickerson A lot of people do have an idea that they should have some kind of general last will and testament in the worst-case scenario. But you’d be surprised by how many people will ask “how” their supposed to be used. Do will begin use before or after someone is deceased?…
Written by Jill Roamer , J.D.Each year, the Internal Revenue Service (IRS) puts out their “dirty dozen” list. This is a list of scams that are prevalent that the IRS wants everyone to watch out for. Let’s see what’s going on in scammer-town this year. The scams fall into four main categories: pandemic-related scams; scams…
Written by Jill Roamer J.D. When an agent steps into the shoes of a principal, does that require the agent to ensure every cent belonging to the principal go towards the principal’s care? What if the agent instead gifts that money to family? Is that fraudulent? This issue was explored in a recent case out of the…