Elder Law

5 Things You Should Know About Adult Guardianship

Published on: March 26, 2021 | by Ettinger Law Firm

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 appointed individuals to be as informed as possible. As a result, this article reviews some critical details to appreciate the nature of these arrangements.

# 1 – How to Decide a Family member Needs a Guardian

Sometimes, disability or injury make it challenging for a person to make decisions related to health care, finances, or living situations. These situations might include a loved one who ends up in a coma, someone who is mentally challenged, someone who has suffered a stroke, or someone with a brain injury. If a court assesses that a person can no longer make life decisions, the court will hold a hearing addressing that individual’s competency. To decide whether a person is incapacitated, courts will hold a hearing to review all of the available facts.

5 Mistakes in Trusts Or Wills that Courts Might Correct

Published on: March 18, 2021 | by Ettinger Law Firm

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. This article reviews some critical details to understand how New York courts various estate planning errors.

# 1 – Distinguish Capacity and Undue Influence from Mistakes

If a mistake is the result of the lack of competence by the testator or if the testator under the undue influence of someone else, courts often apply a different test to assess whether the will or estate planning document should be set aside. It’s sometimes the case that the concepts of undue influence, fraud and mistake are joined together, which can lead to substantial confusion.

3 Questions about Guardians After Framing Brittney

Published on: March 12, 2021 | by Ettinger Law Firm

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 Brittney’s financial and personal decision. Over a decade later, a professional fiduciary was appointed to assume Mr. Spears’ position due to health issues the elder Spears currently faces.

Based on allegations, Ms. Spears’ conservatorship still exists but Ms. Spears no longer wants her father to function in such a role. Following a February 2021 hearing, a judge decided that Ms. Spears’ father as well as the professional fiduciary would share conservator roles.

5 Things to Consider About Nursing Home

Published on: March 7, 2021 | by Ettinger Law Firm

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 realize that alternatives to nursing homes exist.

# 1 – Assisted Living

Assisted living facilities are often an excellent solution for elder individuals who want a mixture of both privacy as well as community interaction.

5 Tips on Caring for a Long-Distance Aging Parent

Published on: March 4, 2021 | by Ettinger Law Firm

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, this article reviews some helpful tips to make sure that you provide the best long-distance care possible for an aging parent.

# 1 – Decide What You Can (And Can’t) Do

3 Facts about Navigating Elder Abuse during the Covid-19 Pandemic

Published on: February 25, 2021 | by Ettinger Law Firm

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, various reports exist of clients dying in long-term facilities without access to family members. The National Clearinghouse on Abuse in Later Life organization also reports that elder abuses are utilizing the threat of the pandemic to provide misinformation to people. To better prepare elderly individuals and loved ones for navigating the current climate, this article reviews some critical details about elder abuse during the covid-19 pandemic.

# 1 – The Pandemic Has Led to an Increase in the Risk for Elder Abuse

The pandemic has led to an increase in the rate at which elder abuse is occurring for several reasons. On its simplest terms, the pandemic has resulted in elderly individuals being further isolated than ever before. Elderly individuals also have reduced access to healthcare as well as other essential services due to the pandemic. Consequently, abusers are more likely to get away with abusing elderly individuals. The pandemic has also reduced access to respite services for caregivers and increased that make individuals likely to be abusive. Consequently, the atmosphere is riper than ever for elderly abuse.

4 Tips on Navigating a Loved One’s Dementia

Published on: February 17, 2021 | by Ettinger Law Firm

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 the best way possible.

While it’s not a specific type of disease, dementia can impact various aspects of a person’s emotional and physical well-being. These changes can make caring for a person with dementia stressful as well as painful.

As a care provider, it can prove helpful to understand some tips for making sure you provide your loved one afflicted with dementia with the best care possible.

5 Tips on Navigating Elder Law – Estate Planning After a Divorce

Published on: February 11, 2021 | by Ettinger Law Firm

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 either pending or has been finalized. You should continuously review and update your estate plan after separation and before filing a divorce complaint as well after filing a final decree of divorce.

To make sure that you engage in sufficient estate planning after a divorce, this article reviews some key strategies that you should make sure to review so you have the best chance possible of protecting your wishes after divorce and separation.

3 Tips on Estate Planning During a New Presidential Administration

Published on: February 7, 2021 | by Ettinger Law Firm

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 noticeably, in response to the Tax Cuts and Jobs Act of 2017, President Biden had promised a much more progressive approach focused on increasing the tax burden of high-income individuals.

What Tax Changes Are Likely

Ways to Avoid Being “Squeezed” as an Elderly Caregiver

Published on: January 23, 2021 | by Ettinger Law Firm

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 age than their parents did. While this can be a complex process, adequate planning can help.

A recent AARP study found that approximately one in four family caregivers is a millennial, which refers to individuals born between 1980 and 1996. One reason why younger caregivers are becoming more common is that many baby boomers decided to wait until later in life to have children. Another reason for the increase in millennial caregivers is that divorces are more common and millennials are often acting in the caregiver role that a spouse would have filled.

Caregiving for an elderly loved one is not an easy process. For one, providing care to an elderly loved one is a time-consuming process. Young caregivers also have less secure jobs and are hesitant to discuss caregiving obligations with the previous generation. Even in the best situation, acting as a caregiver while juggling employment and other obligations can be overwhelming. Through adequate planning, you can fortunately avoid some of the stress associated with caring for your loved one. As a result, this article reviews some important support systems that you should make sure to have in place if you are caring for an elderly loved one.