Category Archives: Elder Law

The posts in this category concern elder law issues including abuse, estate planning, medicaid planning and medicaid eligibility.

Tried & True Ways to Avoid Probate, Part 3

Financial Power of Attorney

If due to illness, accident or old age you become disabled and cannot manage your own finances, the Probate Court in the county in which you live has the power to appoint someone to control your finances. This someone may be your relative, an agency, or public administrator.

Solution: Sign a Durable Power of Attorney for Finances, also known as a FInancial Power of Attorney, and decide for yourself who you want to manage and control your finances should the time arise. Keep the Probate Court out of your business.

True & True Ways to Avoid Probate, Part 2

Medical Power of Attorney

If due to illness, accident, or old age, you become disabled and cannot make medical decisions for yourself, the Probate Court in the county in which you live has the power to appoint someone to make medical decisions for you as well as decisions about where you will live. This someone may be a relative or it may be an agency or public administrator.

Solution: Sign a Durable Power of Attorney for Healthcare, also known as a Medical Power of Attorney or Patient Advocate Designation. Decide for yourself who you want, should the time arise, to make decisions for you. Keep the Court out of your life.

Tried and True Ways to Avoid Probate, Part 1

Sign a Deed that Immediately Transfers Title at Death.

If you own a home and it is titled solely in your name, when you die the home must go through probate before passing to your heirs.

Solution: Sign a deed that transfers title to that home to your heirs immediately upon your death.