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Home » Elder Law » Page 3

Elder Law

Are Living Wills Obsolete?

September 12, 2012 by Stephen A. Mendel, Estate Planning Attorney

Medicine is a rapidly developing science. Every year brings new advances in technology that can help sustain life longer than the previous year. This actually creates problems in preparing for your own end of life care. A Living Will might no longer be an appropriate document if you do not want your life to be sustained by artificial means. Living Wills typically state that if you are suffering from a terminal condition with no hope of recovery that doctors should not sustain your life by … [Read more...] about Are Living Wills Obsolete?

Filed Under: Elder Law, Incapacity Planning Tagged With: incapacity planning

Filial Responsibility & Health Care Costs

August 22, 2012 by Stephen A. Mendel, Estate Planning Attorney

Should children pay for the long term care of their parents? In the thirty states that have Filial Responsibility laws, they can be legally required to do so. Texas does not have these laws, but the issue is important for Texans whose parents live elsewhere or for Texas parents who might consider moving to another state. Filial Responsibility Laws allow the state, or a health care provider, to sue family members to recover money that was spent on a relative's medical care. Some of the laws take … [Read more...] about Filial Responsibility & Health Care Costs

Filed Under: Elder Law, Medicaid Tagged With: medicaid

Filial Responsibility & Health Care Costs

August 22, 2012 by Stephen A. Mendel, Estate Planning Attorney

Should children pay for the long term care of their parents? In the thirty states that have Filial Responsibility laws, they can be legally required to do so. Texas does not have these laws, but the issue is important for Texans whose parents live elsewhere or for Texas parents who might consider moving to another state. Filial Responsibility Laws allow the state, or a health care provider, to sue family members to recover money that was spent on a relative's medical care. Some of the laws take … [Read more...] about Filial Responsibility & Health Care Costs

Filed Under: Elder Law, Medicaid Tagged With: Elder Law, medicaid

Planning for Long Term Care

July 4, 2012 by Stephen A. Mendel, Estate Planning Attorney

Long term care in a nursing home can be very expensive. If you do not plan properly, you can lose most of your assets before Medicaid will start paying for your care. Because you do not know whether or not you will need it, planning for the possibility of long term care should be a part of your overall estate plan. You have several options to plan for long term care. In Texas, you even have a unique option that is not available in most other states. In Texas, you can use a particular type of … [Read more...] about Planning for Long Term Care

Filed Under: Elder Law, Estate Planning, Incapacity Planning, Long Term Care, Medicaid Tagged With: asset protection, asset protection planning, financial planning, incapacity planning, long term care, medicaid, nursing homes

Elderly Residents Warned of Living Trust Scams: Part 3 of 3

January 27, 2012 by Stephen A. Mendel, Estate Planning Attorney

Elderly residents should be wary of high-pressure tactics from overbearing salespeople who pressure them into giving them your financial information. Be wary of con artists throwing around probate law terms like “executors.” You should always be suspicious of claims from scam companies promising that you can significantly reduce your estate taxes by creating living trusts. A written will can also help you reduce your taxes and are often less expensive to create. Promises that a living trust will … [Read more...] about Elderly Residents Warned of Living Trust Scams: Part 3 of 3

Filed Under: Elder Law, Estate Planning, Trust Administration, Wills and Trusts Tagged With: creating a Trust, estate planning lawyer, trusts, wills & trusts

Elderly Residents Warned of Living Trust Scams: Part 2 of 3

January 25, 2012 by Stephen A. Mendel, Estate Planning Attorney

As discussed in the last blog, the Texas Attorney General and Texas Bar brought living trust scams to our attention. Living trust scam artists purporting to sell living trust kits or documents prey upon elderly consumers’ fears. Unfortunately, these kits are often worthless and can cost thousands of dollars. Other living trust scam businesses sell living trust products in an effort to obtain a consumer’s private financial information. Deceptive living trust salespeople may visit you at home or … [Read more...] about Elderly Residents Warned of Living Trust Scams: Part 2 of 3

Filed Under: Elder Law, Trust Administration, Wills and Trusts Tagged With: creating a Trust, trusts

Elderly Residents Warned of Living Trust Scams: Part 1 of 3

January 23, 2012 by Stephen A. Mendel, Estate Planning Attorney

Beware of living trust scams targeting elderly residents across the nation. A living trust is a written legal instrument allowing you to place your assets into trust for the benefit of your beneficiaries. A trustee manages the living trust on your behalf. The written instrument earns its name from the fact that you create a living trust while you are still living. A living trust may be irrevocable or revocable. You may not alter or revoke an irrevocable living trust document, unlike a revocable … [Read more...] about Elderly Residents Warned of Living Trust Scams: Part 1 of 3

Filed Under: Elder Law, Trust Administration, Wills and Trusts Tagged With: creating a Trust, Estate Planning, revocable living trust, trustee, trusts

Avoid Elder Abuse by Carefully Researching Nursing Homes

November 23, 2011 by Stephen A. Mendel, Estate Planning Attorney

Choosing between nursing homes can be one of the most difficult decisions that you may have to make, ever.  If you’re helping a loved one choose a nursing home, you likely want to take extra care.  By researching carefully, you can ensure that you’re choosing a high quality facility that will meet your loved one’s needs.  You can also take steps to avoid possible elder abuse. Take a look at the following information, to learn more.  If you have any questions about specific nursing homes, contact … [Read more...] about Avoid Elder Abuse by Carefully Researching Nursing Homes

Filed Under: Elder Law Tagged With: nursing homes

Defining Elder Law

November 18, 2011 by Stephen A. Mendel, Estate Planning Attorney

Elder law is a relatively new area within the law that has emerged to deal with the fastest growing segment of the population – senior citizens. With seniors more active and living longer than ever before, a more specialized area has emerged to deal with their specific needs.  Elder law combines several elements of the legal profession to assist the elderly, as well as their loved ones, with many needs, including estate planning, estate taxes, advance medical directives, Medicaid and Medicare … [Read more...] about Defining Elder Law

Filed Under: Elder Law Tagged With: conservatorship, Elder law attorney, Estate Planning, guardianship attorney

Ten Warning Signs of Elder Financial Abuse

October 7, 2011 by Stephen A. Mendel, Estate Planning Attorney

According to the National Center on Elder Abuse, elder financial abuse or exploitation impacts over 2,000,000 Americans each year, and it is one of the fastest growing crimes committed against persons age 65 and older. If this abuse continues, this situation will grow significantly as the baby boomers begin reaching their senior years.  Seniors, family member and caregivers should be on the lookout for these signs: 1. Sudden changes in a senior’s bank account or banking practices, particularly … [Read more...] about Ten Warning Signs of Elder Financial Abuse

Filed Under: Elder Law Tagged With: elder abuse, elder exploitation, Elder law attorney, Estate Planning

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