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What Are Your Rights As A Nursing Home Resident?

August 8, 2010 by Stephen A. Mendel, Estate Planning Attorney

Although you might no longer live at home, you still have rights as a nursing home resident. Unfortunately, many seniors either aren’t aware of these rights or don’t understand what to do when these rights are infringed. Here’s just a few of the most important rights you or your loved one is entitled to. Rights Regarding Personal Freedom As a nursing home resident you have the right to your own personal freedom. This means you are afforded the same rights every other citizen has in their home. … [Read more...] about What Are Your Rights As A Nursing Home Resident?

Filed Under: General Tagged With: Elder Law, long term care

The Importance of a Living Will

August 6, 2010 by Stephen A. Mendel, Estate Planning Attorney

A Living Will, unlike your Last Will and Testament, is used while you are still alive. Your Living Will goes into effect when your doctor states you are no longer able to make medical decisions for yourself. What It Does Your Living Will is a place to state all of your wishes regarding your medical care. You can dictate what types of treatment you are willing to accept if you should become terminally ill or unable to speak for yourself due to injury or incapacitation. You can use your Living … [Read more...] about The Importance of a Living Will

Filed Under: General Tagged With: incapacity planning

Estate Planning Q&A: Can My Spouse Handle My Affairs if I Become Incapacitated?

August 4, 2010 by Stephen A. Mendel, Estate Planning Attorney

Many people mistakenly believe that if they become ill or injured and are unable to manage their own affairs, their spouse will be able to step into their shoes and take care of things for them. While this is partially true – your spouse can continue to manage your joint bank account, for example – you still need to consider disability planning even if you’re married. Here are just a few of the things your spouse can’t do for you: Sign for you during real estate transactions; Sell your … [Read more...] about Estate Planning Q&A: Can My Spouse Handle My Affairs if I Become Incapacitated?

Filed Under: Incapacity Planning Tagged With: incapacity planning

Estate Planning Q&A: Can My Spouse Handle My Affairs if I Become Incapacitated?

August 4, 2010 by Stephen A. Mendel, Estate Planning Attorney

Many people mistakenly believe that if they become ill or injured and are unable to manage their own affairs, their spouse will be able to step into their shoes and take care of things for them. While this is partially true – your spouse can continue to manage your joint bank account, for example – you still need to consider disability planning even if you’re married. Here are just a few of the things your spouse can’t do for you: Sign for you during real estate transactions; Sell your … [Read more...] about Estate Planning Q&A: Can My Spouse Handle My Affairs if I Become Incapacitated?

Filed Under: General Tagged With: incapacity planning

What is a Pour-Over Will?

July 23, 2010 by Stephen A. Mendel, Estate Planning Attorney

If you have a revocable living trust, then your estate plan should include a Pour-Over Will, a unique legal document that ensures all your property makes it into the trust. When you fund your trust, you formally transfer property you own into the name of the trust. But we all know that what we own today may not necessarily be what we own tomorrow. Quite the contrary, we acquire and get rid of property all the time, making it extremely important to keep your Trust updated at all times. But … [Read more...] about What is a Pour-Over Will?

Filed Under: General Tagged With: wills

An Overview of Long Term Care Facilities

July 21, 2010 by Stephen A. Mendel, Estate Planning Attorney

When many people hear the term “long-term care facility”, they automatically think “nursing home”. But while nursing homes are certainly one type of long-term care facility, there are a variety of other options that come under the umbrella of long-term care. A long-term care facility is one that provides medical and/or non-medical care and assistance to people suffering from a chronic illness or injury. A person who has had a serious accident and needs intensive rehabilitation after a … [Read more...] about An Overview of Long Term Care Facilities

Filed Under: General Tagged With: long term care

Leaving An Inheritance to a Minor? Plan Carefully.

July 19, 2010 by Stephen A. Mendel, Estate Planning Attorney

A lot of people don’t realize that children who inherit money aren’t allowed to take control of the money until they reach legal adulthood. If money or other property is left outright to a minor, then the court gets involved and the money is either placed in a restricted account, or a special guardian is appointed to manage the property on the minor’s behalf. If there’s a chance that one of the people you’re leaving property to might be a minor when the transfer happens, proper planning can … [Read more...] about Leaving An Inheritance to a Minor? Plan Carefully.

Filed Under: General Tagged With: family estate planning, minor beneficiaries

Why You Should Update Your Estate Plan

July 17, 2010 by Stephen A. Mendel, Estate Planning Attorney

Preparing an estate plan is not a one-time event but the beginning of a ritual that you should carry out on a regular basis. From the time you plan your estate till the day you die, only one thing remains constant: change. Your circumstances will inevitably change over a period of time, making the previous plan out of date. In fact, there are several reasons you might want to update your plan: Your marital status has changed. You have either married since the time you last made an … [Read more...] about Why You Should Update Your Estate Plan

Filed Under: General Tagged With: Estate Planning

Understanding the Estate Planning Process

July 16, 2010 by Stephen A. Mendel, Estate Planning Attorney

The idea of planning your estate might seem a little intimidating at first but it actually follows some very basic logic: you have assets and you want to determine what happens to those assets after you die. To do this, you make a plan – an estate plan – that not only lists your assets but also specifies who they should go to when you pass away. Your plan can consist of a number of different legal documents, including a Will, one or more trusts, powers of attorney and healthcare directives to … [Read more...] about Understanding the Estate Planning Process

Filed Under: General Tagged With: Estate Planning

Elder Abuse: Understanding Nursing Home Regulations

July 14, 2010 by Stephen A. Mendel, Estate Planning Attorney

Nursing home abuse has become a big problem in the United States. We’ve all heard the horror stories about the elderly or incapacitated being neglected or abused by their caregivers. To help combat the abuse and protect nursing home residents, the Government created the Nursing Home Reform Act (NRA) in 1987. The Act covers several aspects of nursing homes and supports government efforts to check abuse. The Act covers: resident care and rights staffing quality of … [Read more...] about Elder Abuse: Understanding Nursing Home Regulations

Filed Under: General Tagged With: elder abuse, Elder Law

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