Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education, American Academy of Estate Planning Attorneys, Inc. More and more Americans are dying at home rather than in hospitals. According to the New England Journal of Medicine, in 2017 29.8% of deaths by natural causes occurred in hospitals while 30.7% occurred at home. The percentage of people dying in hospitals has been declining for several decades. While in 1912 two-thirds of people died at home, this evened out in the … [Read more...] about How Will You Age in Place and Be Able to Die at Home?
Studies are conducted periodically to gain an understanding of the estate planning preparedness of adults in the United States. Unfortunately, the results are never encouraging. Most people that are over 65 have a will or some other estate planning document, but a significant percentage of people in this age group do not. The vast majority of Americans that are under the age of 40 are completely unprepared. If you are a young adult and you are single, you should have a will or a trust, but … [Read more...] about Estate Planning: Make Today the Day
by Attorney Maggie A. LaBranch-Gonzales Litherland, Kennedy & Associates, APC, Attorneys at Law If you’ve heard me speak in our seminars or workshops, or you’ve had the pleasure of meeting with me at the office, I can imagine you hearing my voice right now (kindly) reminding you that we all die. (Way to be blunt, right, Maggie?) But, seriously, for me, the most important part of Estate Planning is not necessarily what happens when you’ve passed away, but whether you are adequately … [Read more...] about COVID-19 aka the Coronavirus: A Reminder to be Prepared
Elder Care Law Firms specialize in the issues that affect seniors. They are equipped to address the legal, healthcare, social and psychological needs of seniors and to develop a plan to meet those needs in an economical fashion that protects and preserves the income and assets of the elder to the greatest extent possible. How Can an Elder Care Law Firm Help You? If you are facing legal issues that include planning for Medi-Cal qualification, incapacity planning or end-of-life planning, an … [Read more...] about How an Elder Care Law Firm Can Help
The following is an Article written by Stephen C. Hartnett, J.D., LL.M., Associate Director of Education, American Academy of Estate Planning Attorneys. California passed a new law permitting a physician to prescribe a life-ending drug for a terminal patient. The California End of Life Option Act is effective this June. It dramatically increases the number of people in the United States who live in a state allowing someone to choose to end their life with the assistance of a … [Read more...] about End-of-Life Options Expanding in California
The one estate planning document that most people have definitely heard of is the last will or last will and testament. This is a legally binding document that you can use to direct the way that your assets will be transferred after you die. Because people equate a will with monetary asset transfers, some confusion can arise when it comes to the document that is called a living will. A living will is not a vehicle that is used to transfer financial resources. You would use a living will to … [Read more...] about What Is the Difference Between a Living Will and a Living Trust?
Many people reduce the process of estate planning to the creation of a last will. In reality, a well constructed estate plan will involve the execution of additional documents. Incapacity Planning When you create your last will, you facilitate future asset transfers. However, a comprehensive estate plan will also address the latter portion of your life. Incapacity is common among elders. There are a number of different causes, but Alzheimer's disease is the leading culprit. This disease … [Read more...] about Do I Need Anything In Addition to My Last Will?
Our office receives numerous calls from concerned loved ones and family members wondering if or when they should start Medicaid planning (Medicaid is called “Medi-Cal” in California). The answer: It is never too early or too late to discuss the planning options available. Below are just two examples of the many types of calls we get every day where we advise clients that Medi-Cal planning is an option right now. Mrs. Jones is an 81-year-old widow experiencing short-term memory loss. She is … [Read more...] about When Is The Right Time To Do Medicaid/Medi-Cal Planning? (An Elder Law Today Blog)
There are different types of powers of attorney, and they are used for different sets of circumstances. For example, a general power of attorney would give an agent of your choosing the ability to act on your behalf for all different types of purposes. Let's say that you are going to be out of the country for an extended period of time. The general power of attorney would allow your agent to handle all of your affairs. There are also limited powers of attorney. To provide another example, … [Read more...] about Should I Have a California Durable Power of Attorney?
As disheartening as it may be, statistics consistently indicate that a majority of Americans are not prepared from an estate planning perspective. Given this reality, recent statistics regarding the percentage of people that have a living will in place unfortunately come as no surprise to estate planners. A popular legal website conducted the survey, and it found that just over 60% of the respondents did not have a living will in place. Unlike a last will, a living will is not used to state … [Read more...] about Living Will Statistics Come As No Surprise