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...]
Filial Responsibility & Health Care Costs
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...]
Filial Responsibility & Health Care Costs
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...]
Planning for Long Term Care
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...]
Elderly Residents Warned of Living Trust Scams: Part 3 of 3
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...]
Elderly Residents Warned of Living Trust Scams: Part 2 of 3
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...]
Elderly Residents Warned of Living Trust Scams: Part 1 of 3
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...]
Avoid Elder Abuse by Carefully Researching Nursing Homes
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...]
Defining Elder Law
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...]
Ten Warning Signs of Elder Financial Abuse
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...]
