Our Blog is our way of helping you make sense of what may otherwise be a perplexing or confusing situation in which you may find yourself. But don't despair. Although you may think you are the only one experiencing some type of difficulty or hardship, if you look around, you will see that others are as well. It is said that "what is most personal is most general” — and that is true.
It's in the spirit of making the personal seem more general that we write these blogs so that you gain a better awareness of the issues you may be confronting. And in the process of gaining awareness, you begin to develop a realistic approach to whatever it is you are seeking to accomplish. Of course, these Blog posts are no substitute for one-on-one legal advise; however, you may find them useful, if for no other reason than to put your concerns into the proper context. From there, additional research and consultation with legal professionals can follow.
We hope you find these blogs helpful as you navigate through life's many challenges and opportunities!
P.S. if there are any topics you would like us to address, please send us a note to that effect.
An Elder Law attorney knows more than just basic estate planning. An effective Elder Law attorney is someone who understands the many issues confronting older adults as they become more dependent on others. Helping to resolve family conflict over care issues and guiding a family in developing an acceptable care plan are also important traits of an effective Elder Law attorney.
A Mini Mental State Exam (MMSE) is a face to face screening assessment that is conducted to detect a person's cognitive impairment and whether they may have dementia. It's a useful tool, but it cannot tell you whether the person has Alzheimer's Disease, or an organic brain disorder or has had a stroke or even a urinary track infection. Further diagnostic testing is always necessary.
When a child turns 18, they are presumed to be competent which can only be altered by a court Order through a process called guardianship. When you apply to become someone's legal guardian, you are, in effect, asking the court to declare the person incapacitated and to appoint you (a parent or sibling for example) as their legal guardian. However, incapacitation is not an all or nothing proposition and a person may have limited capacity to do certain things, in which case imposition of something called a "limited" guardianship or conservatorship might be indicated which are less restrictive than a full guardianship.
In the news yesterday was an article about legendary astronaut, Buzz Aldrin, who at age 88 is in a legal battle with his two children and former business manager over whether he is able to manage his own affairs.
Can you reverse a judicial determination that a person is incapacitated? The simple answer is yes –a person who has been declared incapacitated by a court can be restored to full or partial capacity. However, the process is not easy. Let's first look at the facts and then we can consider the law.
Yesterday I left court with mixed emotions. I was happy that I was successful in obtaining guardianship in favor of my two clients (a brother and sister), but at the same time saddened by the fact that they had to file guardianship for both their parents.
I am convinced that the number one reason most young parents don't execute Wills is because they cannot agree on who should be the guardian for the minor child or children. I know this because when I meet with young parents to go over their estate plans, the discussion flows smoothly, until the d...
If you read the first four blogs of this series, you know how much I encourage everyone to make sure they do some basic estate planning. This includes preparing a Will as well as a Durable Power of Attorney and Living Will. These may not seem like important documents to you now since you may be...
When asked – what day it is? Sam froze like a deer in headlights. At age 89 he thought he was doing just fine and was able to answer the first few questions okay, but that “day” question – boy that was a doozy. He couldn't quite get the month and year right and he was a few Presidents behind, b...
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