The Importance of Crisis Planning for Seniors

Benjamin Franklin once said, “By failing to prepare, you are preparing to fail.” Oftentimes, families contact our office for crisis planning for seniors in their lives, struggling to manage the needs of their loved ones, while caught up in the emotions and stress that comes along with navigating a challenging situation. When in this heightened state of desperation, crisis planning for seniors makes it difficult for families to find appropriate and reliable long-term care options for their loved ones. Our team of care coordinators, including social workers, support our clients through these trying times, helping them access the best care [...]

2024-03-20T15:52:52-04:00March 21, 2024|

Elder Law and Digital Assets Planning for the Digital Afterlife

Estate planning has evolved beyond physical assets and financial accounts. Digital assets, including social media accounts, digital currencies, and online identities, have become integral parts of our lives. Yet, many overlook these assets in their estate plans, leading to complications and confusion for heirs. Understanding elder law and digital assets planning is important in ensuring that all aspects of your estate are managed according to your wishes after you pass away. Including Digital Assets in Your Estate Planning Digital assets encompass a range of online and digital accounts and properties, from email and social media accounts to digital music libraries, [...]

2024-03-14T11:18:59-04:00March 14, 2024|

What is a Lady Bird Deed?

In estate planning, there are many legal tools available to protect and manage assets. One particular tool is the Lady Bird deed. The Lady Bird deed, also known as an enhanced life estate deed, is an important legal document that provides specific benefits in estate planning. The Lady Bird deed is a specialized type of life estate deed that allows the owner of a property to retain control over it while they're alive but automatically transfer the property to a pre-determined beneficiary upon death without going through probate. What sets it apart from a traditional life estate deed is the [...]

2024-03-08T11:06:35-05:00September 14, 2023|

The Role of a Healthcare Proxy in Elder Care

The designation of a healthcare proxy in elder care is an essential aspect of planning for the future, especially for seniors who want to honor their healthcare wishes. Understanding the role and importance of a healthcare proxy in elder care can provide peace of mind and protect the rights of elderly individuals. As age-related illnesses or cognitive decline can sometimes impair the ability to make informed healthcare decisions, having a trusted healthcare proxy becomes increasingly vital. The Role of a Healthcare Proxy in Elder Care A healthcare proxy, also known as a medical power of attorney or healthcare agent, is [...]

2024-03-08T11:06:49-05:00September 7, 2023|

The Difference Between a Revocable and an Irrevocable Trust

Trusts are fiduciary arrangements that allow a third party (also known as a trustee) to hold assets on behalf of a beneficiary. However, there are different types of trusts, and it's important to understand the difference between a revocable and irrevocable trust. This distinction is vital as it can have significant implications for how assets are managed, controlled, and taxed. Understanding Revocable Trusts A revocable trust is often also called a living trust. It is a legal entity created to hold ownership of an individual's assets. What makes a revocable trust stand out is its flexibility. The creator of the [...]

2024-03-08T11:07:07-05:00September 1, 2023|

How to Set Up a Trust

A trust is a legal agreement between two or more parties that grants one party, or trustee, specified assets while the beneficiary, or the person for whom the trust is established, retains ownership of said assets. If you’ve ever wondered how to set up a trust or how they work, we explain below in detail how to set up a trust, from creation to distribution. The five-step process: Creation Tax Recognition Funding Administration Distributions 1. Creation The steps in creating a trust are: Identifying the person who establishes the trust, usually called the “Grantor.” Identifying an appropriate trustee. A Trustee [...]

2024-03-08T11:08:07-05:00April 7, 2023|

The Importance of Healthcare Planning Documents

Healthcare is an essential part of our lives, and sometimes our loved ones may require medical treatment or healthcare at a time when they are unable to communicate their wishes. Whether because of cognitive impairment, unconsciousness, or mental healthcare needs, proper legal planning and healthcare planning documents are helpful. With regard to medical decision-making, various documents exist to allow individuals to appoint another to make healthcare decisions in advance and to ensure their wishes are known (and followed) when they are unable to communicate those wishes. Healthcare planning documents, such as Healthcare Powers of Attorney and Advance Healthcare Directives, are [...]

2024-03-08T11:08:35-05:00April 3, 2023|

Frequently Asked Questions about Powers of Attorney

In this comprehensive overview, we answer the questions you may be asking about powers of attorney, living wills, and attorneys-in-fact to give you a well-rounded understanding of the roles, responsibilities, and processes that follow. How to Use This Information  This article is organized into seven parts: (1) About the Power of Attorney; (2) Powers and Duties of an Attorney-in-Fact; (3) Using the Power of Attorney; (4) Financial Management and Liability of an Attorney-in-Fact; (5) Relationship of the Power of Attorney to Other Legal Devices; (6) Health Care and the Power of Attorney; and (7) Guardians and Powers of Attorney. 1. [...]

2024-07-29T11:57:57-04:00March 28, 2023|

Do You Believe These 5 Elder Care Law Myths?

Elder care law is a complex area of law that deals with legal issues affecting seniors. Unfortunately, there are a lot of misconceptions that can lead to confusion and misunderstanding. Here are five common elder care law myths debunked. Elder care law only covers issues related to retirement: Rothkoff Law Group provides counsel for a range of legal issues: care coordination, healthcare advocacy, wills and trusts, Medicaid and asset protection planning, family counseling, long-term care, and the list goes on. Our team of care advocates and elder law attorneys also help with end-of-life planning, estate planning, and other legal matters [...]

2024-03-08T11:09:36-05:00March 17, 2023|

The Value of Planning Before a Senior Healthcare Crisis

Recently, Tina Kane, one of our elder care coordinators, and I were invited to speak on the Givnish Spotlight hour on WWDB 860 AM. The show is led by representatives of the Life Celebrations family of funeral homes, a group that advocates for preneed burial and funeral planning. The reason for our invitation to join a few weeks ago was to discuss the value of planning as we age. Simple in concept, complex in execution.   If there's a list of things we dislike or avoid talking about, I imagine death and dying would be near the top. Not far [...]

2024-03-08T11:11:49-05:00February 3, 2023|
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