Guardianship is a court process. Guardians are only appointed if an individual is deemed to be incapacitated. The determination of incapacity is made using either a physician or a psychologist. If incapacity is only temporary, a temporary or emergency guardian is appointed. To navigate the guardianship process, it’s helpful for…
Articles Posted in Elder Law
5 Mistakes in Trusts Or Wills that Courts Might Correct
The value of carefully drafting a trust or will is emphasized by understanding the limited situations in which a court corrects mistakes that might arise in trusts or wills. The court’s response varies based on not the jurisdiction, but also often the type of estate planning mistake that was made.…
3 Questions about Guardians After Framing Brittney
Following the recent documentary, Framing Britney Spears, as well as the increased media focus on the matter, Brittney Spears has become a common subject of conversations in 2021. It’s not Spears’ music this time that’s making headlines, though, it’s Spears’ conservatorship. In 2008, Spears’ father was appointed conservator for…
5 Things to Consider About Nursing Home
Data reveals that approximately 70% of all adults in the United States who will live to the age of 65 will require long-term care. Because many of these older adults do not require the full degree of care provided by nursing homes or have limited finances, it is important to…
5 Tips on Caring for a Long-Distance Aging Parent
Trying to care for an aged parent is a challenging and sometimes impossible-seeming task. Whether you live a few hours away from your parent or on the other side of the country, it’s common to end up whether you are providing your parents with adequate care. As a result,…
3 Facts about Navigating Elder Abuse during the Covid-19 Pandemic
The covid-19 pandemic has disrupted many aspects of our lives. One of the most overlooked aspects of how the pandemic has altered our lives is the pandemic has led to increased reports of elder abuse and mistreatment. Despite the Centers for Medicare & Medicaid Services’ guidelines to provide appropriate care,…
4 Tips on Navigating a Loved One’s Dementia
Data compiled by the Centers for Disease Control and Prevention show that more than 16 million Americans care for someone who has been impacted by dementia. Caring for a person that you love who has dementia can require specific care techniques to make sure that the loved one functions in…
5 Tips on Navigating Elder Law – Estate Planning After a Divorce
Adequate estate planning is a critical part of the divorce process, but it is frequently overlooked because people are worried about navigating many other aspects of the divorce process. Careful attention should be paid to the complex issues that arise when handling estate plans where a divorce action is…
3 Tips on Estate Planning During a New Presidential Administration
Recent and substantial changes in the country’s executive and legislative branches have many people curious about how the estate and gifts tax will be impacted as well as when such changes will occur. During his campaign, President Biden pledged to cancel many tax policies implemented by President Trump. Most…
Ways to Avoid Being “Squeezed” as an Elderly Caregiver
The term, sandwich generation, was created to refer to a generation of individuals who were taking care of their parents while also having their own children. As the baby boomer generation ages, younger individuals are moving into a similar situation and in many cases are doing so at a younger…