Comparing Elder Law And Estate Planning

Allow the person with dementia and their family plan and make arrangements for the future

Taking care of the individuals that are getting older takes many different needs. Most of these needs cannot be given from the help of a family. This causes the need of having to put your love one into a home and causing for the worry of how they will be treated. It is important for the family and also the soon to be client to feel at home in their new environment. This has been an issue with the care being provided for each individual, which has lead to the need of making sure individuals have their own health care plan.

• a combined care plan agreed by health and social services that takes into account the changing needs of the person with dementia and his or her

On a living will, an individual can express if they would prefer not to be resuscitated or if they don’t want to be living artificially on life-support. Additionally, living wills establish a written declaration of a power of attorney, establishing a person who may legally speak on behalf of a patient who is unable to do so. Living wills are crucial pieces of documentation that are necessary for the dignity and wishes of a person who may fall unexpectedly into a life-threatening condition. If a person does not wish to live artificially on life support, a living will may be the only documentation that can secure their right to die with what they choose to be a dignified death. Unfortunately, living wills are not too common, resulting in countless Americans whose lives are extended long after they wish to live. In order to get a living will, one can either hire an attorney and have the attorney draft a living will or there are templates available that can be filled out and submitted for notarization.

In the US state laws allow a person to make decisions when it comes to their own healthcare. Most states are different but all include a Power of Attorney or Medical Power of Attorney and a Living Will. Power of attorney allows a person to give another person the power to make decisions when the persons healthcare. Living Will is a document that is in writing that explains what medical treatment a person wants if they are unable to express it.

With the revocable living trust, Claire will be able to have her assets put in the trust, and in the future, if she becomes incapacitated, then her trustee can manage things for her, instead of her beneficiaries, or a guardian of the court. A revocable living trust will also allow upon death, privacy of Claire, her beneficiaries and her property. If the revocable trust is designed to become irrevocable upon death it will benefit the beneficiaries in ways that they can design and put several irrevocable trusts in place to protect them and other beneficiaries (Garber, 2017). Claire’s son John, could possibly contest this Living Trust since he is a beneficiary, however if the planner accurately followed State laws, physician assessment guidelines, and uses careful design, chances that John could successfully contest would be slim. John could also contest the Will or the Living Trust if he feels that her capacity level was not accurately assessed during the time of designing and signing the legal documents, hence the reason for witness testimonies along with their signatures to safeguard from such challenge (Garber,

Nothing is further from the truth, as everyone benefits from speaking with a legal professional versed in this topic. Staff members at the local nursing home can be of aid, yet they don't know the specifics that may apply to a situation. This often leads to a person losing assets they did not have to, if they had planned accordingly. With the help of an attorney experienced in Medicaid planning, individuals find they can better provide for loved ones who are left behind following their passing and/or they can save a great deal of money by planning

When the sole beneficiary of a retirement account is the spouse of the owner, the requirements for how the account must be distributed is dependent upon whether the owner has passed away before the date upon which distributions were required to have begun or after this time. When the owner has died before the date upon which the distributions were required to begin, the spouse is provided with three options as to how the distributions will occur. I will discuss each option below and provide an analysis of how this would be applied to Ms. Dutton upon the occurrence of this course of events.

Planning for the future requires correct data and information. People consistently underrate the possibility that something bad will happen because most people optimistically hope that they will beat the statistics. With an elder law attorney, individuals can get help with preparing trusts and wills. They can learn the best way to prepare for long-term health care

The main point of this video is the magnitude of participating in estate planning. One important aspect is making a will. The You Tube video I chose was from a law firm called, “Argon Law”. The speaker emphasized the advantages and disadvantages of making a will, so your wishes for the distribution of your assets at death/tragedy will be meet. “This includes Assets held by companies, assets held in trusts, and proceeds of life insurance are a few of the processes you must think about. One important statement he made. The law allows for your spouse, child or dependent to challenge your will after you die.”(Gallagher, 2014).

Generally speaking, life can be filled with uncertainty and stressful situations. In any case, whether life’s strain and ambiguity is caused by a flat tire far from civilization, or the sudden loss of a job, the lack of control over one’s future can be very disheartening and fearsome. When it comes to old age, a person can feel more vulnerable due to a reduction in independence as a result of illness or the need of medical intervention. In situations such as these, advance directives are crucial to have.

The cost of long term care and nursing home facilities is skyrocketing. With the amount of government funding for this type of care dwindling, it would seem that the importance of Medicaid Planning is becoming more an more important. Every few years the Medicaid eligibility rules change, making it hard for individuals and families to protect their assets and qualify for Medicaid. Thankfully, there is a means of avoiding the loss of hard-earned assets in the event that you or a loved one requires long term care during your later years. If you are attempting to put a plan in place to avoid nursing home poverty, there are a number of concerns that must be addressed: obtaining the proper level of countable assets, a thorough understanding of the rules and guidelines for gifting assets, planning far enough in advance to protect your estate from the government, establishing a trust to allow control of assets, and working with an experienced estate planning attorney at Thomas Walters Estate Planning who knows you don’t want the government to take your assets and is ready to help you prevent that eventuality. As experts in estate planning law, Thomas Walters Estate Planning attorneys are committed to helping you and others like you by listening to you, determining what you want and what you need, and creating a plan that will make it happen. Let’s set up your estate the right way, right now, to protect all that you have worked so hard to

Living Wills, sometimes called Advanced Directives, are legal documents accepted in all 50 states. They clearly define a person’s wish to decline life-support or medical treatment in certain circumstances, usually when death is imminent. Generally, a living will takes effect when a person becomes terminally ill, permanently unconscious or conscious with irreversible brain damage.

The advance directive, or living will, is one way of circumventing the ethical dilemma of Quinlan, as it is essentially a set of choices by the competent patient if faced with different hypothetical circumstances. Patients can thus feel comfortable knowing that their competent wishes have been documented and can be easily interpreted in case of catastrophe. However, the authority of advance directives is a topic hotly debated amongst medical ethicists (see Advance Directive Authority). Arguments against directives state that not all factors are considered by the person creating the advance order. Also, in some cases of severe dementia, it is argued that the personal identity of the author is no longer intact and therefore has no authority over the treatment of the “new” person. The debate on this topic is extremely complex, but many of today’s cases are decided on an individual basis, with the directive often being upheld.

The underlying philosophy of our law on intestate succession is to give preference to the wishes and presumed will of the decedent, absent a valid and effective will;