The Medicaid program is something that may be off your radar if you have been planning ahead for retirement effectively. After all, Medicaid is a program that is only useful for people with virtually no financial resources, right? It is true that Medicaid is a health care insurance safety net for people who have very limited financial capabilities. However, Medicaid becomes quite relevant to a significant percentage of senior citizens. Here's why. Long-Term Care The United States … [Read more...]
How Are Elder Law Fees Handled?
Elder law is a relatively new area of the law, yet there is a good chance that you will need an elder law attorney at some point in your life. You may find yourself in need of an elder law attorney or you may be the caretaker of an older loved one who is need of advice and assistance from an elder law attorney. Either way, you will likely have a number of questions for your elder law attorney, such as “How are elder law fees handled?” Because each attorney has his or her own system of … [Read more...]
What Are the Disadvantages of a Medicaid Trust?
You may wonder why Medicaid would be relevant to you if you are going to qualify for Medicare coverage when you reach retirement age. After all, Medicaid is a health insurance program for financially needy people, right? Medicaid is a need-based health insurance program. To qualify, you must be able to stay within income and asset limits. If you have Medicare coverage, you will have health insurance. You would not need Medicaid, and you would not qualify if you retired with a reasonable store … [Read more...]
What Is a Certified Elder Law Attorney?
If you find yourself in need of the services of an elder law attorney you are likely trying to figure out how to choose the right attorney for your needs. Choosing an attorney can be a difficult and time-consuming undertaking for even a simple legal problem. Issues relating to the elderly, however, are rarely simple and often require the services of an attorney who specializes in elder law. How do you know though that an attorney specializes in elder law? One indication is that the attorney … [Read more...]
What is a Guardian or Conservator in Texas?
Statistics tell us that one out of every three adults who makes it to the age of 65 will suffer from some type of dementia related disease or condition. If your parent, or other elderly family member, becomes one of these statistics you may find yourself in a difficult position. Stepping in and seeking legal control over your loved one may seem like you are taking away his or her independence; however, failing to step in could lead to tragedy. Knowing what a guardian or conservator in Texas can … [Read more...]
How the Elderly Are Being Swindled
When then President John F. Kennedy designated May as Older Americans Month there were 17 million Americans over the age of 65 in the United States. Today, the U.S. has over 40 million people over age 65 living here and by 2060 experts tell us that number will top 90 million. For the first time in history, older Americans will outnumber younger Americans (those under age 18). Unfortunately, the “greying of America” has produced an increase of potential victims for swindlers. Exact numbers are … [Read more...]
An Interesting Study
People who are good with money are often very proud of their ability to know when someone is trying to sell them on a bad idea. For example, they might be proud of being able to tell when someone is trying to sell them on a bad investment. We have long known that people who are good at doing this in their younger years often fall victim to scams in their elderly years. What we have not known is why, until now. Studies conducted at UCLA have recently shown that a section of our brain sends off … [Read more...]
Only You Can Prevent Elder Abuse
Do you remember the old Smokey the Bear commercials? They always said, "Only can prevent forest fires." Taken literally, of course, it's an absurd statement. You cannot personally be around to prevent all forest fires, and the truth is that you cannot prevent a spark of lightning from starting a forest fire even if you are in the area. However, the commercials made sense and had an impact because there are things that you can do to prevent forest fires. In the same sense, we can say that only … [Read more...]
OOH-DNR Orders in Texas: Part 3 of 3
Similar to estate planning testamentary formalities, you must comply with the statutory formalities required for DNR Orders. You must sign your DNR-OOH Order in front of at least two witnesses. If you are unable to sign the document and authorize someone else to sign it on your behalf, the third-party signing agent must do it in front of at least two witnesses. In some circumstances, you may also be able to sign in front of a notary if you cannot find two witnesses, but the notary may not be … [Read more...]
OOH-DNR Orders in Texas: Part 2 of 3
In the last blog, we discussed why you would want to draft an OOH-DNR or Out-of-Hospital Do-Not-Resuscitate Order as part of your estate planning documents. Now, we will cover what is necessary to create a valid order. First, you must be at least 18 years old to create a valid OOH-DNR Order and be mentally competent, which requires you to be of sound mind when signing and creating the document. At the very least, you should be able to understand that what you are signing and its implications. … [Read more...]
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