Category archives: Incapacity
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11 months ago
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Did you know you could be responsible for your parents' unpaid bills? More than half of all states currently have laws making adult children financially responsible for their parents, including their long-term care costs. However, these laws are rarely enforced.
Filial responsibility laws obligat... [read more]
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1 year ago
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February reminds us of the importance of love in our lives. One way that you can demonstrate your love for your family is to help relieve stress and any unnecessary hardship by being prepared for the future and the difficult realities of life.
This year, as we celebrate Valentine's Day, I encoura... [read more]
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2 years ago
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With the recent and ongoing concerns about the coronavirus, as we shift into the fall, it remains clear that we are continuing to face an unprecedented public health crisis--one that is affecting many people of all ages, and from all walks of life. It has become tragically clear for many that Estate... [read more]
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2 years ago
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Britney Spears’s legal fight to wrest back control over her personal and financial affairs has flooded the issue of guardianship in Klieg lights. While a full guardianship may be necessary for many individuals who are incapable of managing their own affairs due to dementia or intellectual, developme... [read more]
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2 years ago
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As many of us are preparing for the fall and family members going back to school, some people are experiencing the excitement of children or grandchildren starting college. Other adult children are perhaps entering the work force or traveling to enjoy a break from academic demands. Regardless of the... [read more]
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3 years ago
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Although people are willing to voluntarily care for a parent or loved one without any promise of compensation, entering into a caregiver contract (also called personal service or personal care agreement) with a family member can have many benefits. It rewards the family member doing the work. It... [read more]
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4 years ago
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Being appointed guardian of a loved one is a serious responsibility. As guardian, you are in charge of your loved one's well-being and you have a duty to act in his or her best interest.
If an adult becomes mentally incapacitated and is incapable of making responsible decisions, the court will ap... [read more]
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4 years ago
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Making sure your end-of-life wishes are followed no matter where you happen to be is important. If you move to a different state or split your time between one or more states, you should make sure your advance directive is valid in all the states you frequent.
An advance directive gives instr... [read more]
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4 years ago
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The Trump administration is officially rolling back a ban on the use of arbitration agreements by nursing homes that was initiated under President Obama. The Centers for Medicare and Medicaid Services (CMS) issued a rule that once again allows nursing facilities to use arbitration to settle disputes... [read more]
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4 years ago
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If you become incapacitated, who will make your medical decisions? A health care proxy allows you to appoint someone else to act as your agent for medical decisions. It will ensure that your medical treatment instructions are carried out, and it is especially important to have a health care proxy if... [read more]
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5 years ago
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One question we are often asked by clients is how specific they should be in their Estate Planning documents regarding their wishes about having visitors and guests during a serious illness or period of incapacity. We recommend that clients talk with their families about these preferences and write ... [read more]
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5 years ago
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The Importance of Designating a Health Care Surrogate
We're often asked by clients how they can make sure that their medical wishes are carried out in the event of illness or injury. The designation of a Health Care Surrogate addresses this concern by giving a person you select the ability to mak... [read more]
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