When you are planning ahead for the future, you should prepare yourself for each stage of life. There are the active retirement years, and there are the twilight years that will inevitably follow. It may not be the most pleasant thing to consider, but you may become unable to handle all of your own day-to-day needs when you reach an advanced age. Incapacity is not uncommon among elders. The term "oldest old" is used to describe those who are at least 85 years of age. Around 40 percent of the … [Read more...] about Advantages and Disadvantages of a Conservatorship in San Jose
Power of Attorney vs. Conservatorship (An Elder Law Today Blog)
One of our readers recently contacted our office to ask if we had literature on the difference between a Durable General Power of Attorney and a Conservatorship. Due to the number of times our office has been asked that question, we chose to make it the topic of this month’s Elder Law Today. What is a Power of Attorney? A power of attorney is a legal document where one person (the principal) authorizes another (the agent) to act on the principal’s behalf. There are financial powers of attorney … [Read more...] about Power of Attorney vs. Conservatorship (An Elder Law Today Blog)
When Does a Power of Attorney Become Effective?
You can prepare for the possibility of incapacity late in your life by executing a document called a durable power of attorney. With a power of attorney, you name someone else to act on your behalf in a legally binding manner. Durable powers of attorney remain effective even if the grantor of the device becomes incapacitated. It can be tricky to create a durable power of attorney to account for the possibility of incapacity, because you do not know if you will ever become unable to make your … [Read more...] about When Does a Power of Attorney Become Effective?
Incapacity Planning in San Jose: Difference Between a Conservatorship and a Power of Attorney
We like to answer frequently asked questions on our blog, and today we will look at the difference between a conservatorship and a power of attorney. California Adult Conservatorship First, we should clear up the matter of guardianship versus conservatorship. Guardians and conservators are court-appointed representatives. In some states, a guardian would make personal decisions for a ward, and a conservator would make financial decisions. In others, a guardian makes all types of decisions for a … [Read more...] about Incapacity Planning in San Jose: Difference Between a Conservatorship and a Power of Attorney
When Is The Right Time To Do Medicaid/Medi-Cal Planning? (An Elder Law Today Blog)
Our office receives numerous calls from concerned loved ones and family members wondering if or when they should start Medi-Cal 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)
The Importance of Incapacity Planning
THE IMPORTANCE OF INCAPACITY PLANNING Who Will Manage Your Health Care Decisions? For most of our lives, the greatest risk to our well-being is the ever-increasing likelihood of becoming seriously ill or injured. When illness or injury makes us unable to manage our own affairs, we may face the legal ordeal of a Conservatorship which can be a living nightmare for those who must go through it. Many people fail to plan ahead for their possible incapacity because they think it only happens to … [Read more...] about The Importance of Incapacity Planning
Who Can Create a Power of Attorney?
Your estate plan should be holistically prepared to address the eventualities of aging along with the postmortem process of asset distribution. Incapacity planning is part of the equation. Because many people become unable to handle their own affairs late in their lives, powers of attorney are often used. With a power of attorney you can name someone else to act on your behalf. This representative is known as the agent or attorney-in-fact. A standard power of attorney that is not designated as … [Read more...] about Who Can Create a Power of Attorney?
Should I Have a Durable Power of Attorney for Health Care?
It is important to consider the eventualities of aging if you want to be comprehensively prepared for the future. Incapacity is one of the challenges that you may face. To prepare for this possibility, you should consider the execution of a legally binding document called a durable power of attorney for health care. Powers of Attorney A power of attorney is a legal device that is used to name an agent or attorney-in-fact to act on your behalf. People sometimes execute powers of attorney even … [Read more...] about Should I Have a Durable Power of Attorney for Health Care?
What Is the Difference Between a Limited and a General Power of Attorney?
A comprehensive estate plan will go beyond the transfer of assets after you die. It will also include preparations for the eventualities of aging. Many people become unable to handle their own affairs when they reach an advanced age. A legal device that is used to name a representative to act on your behalf is a power of attorney ("POA"). A particular type of POA is used to account for the possibility of incapacity. Limited and General Powers of Attorney There are different types of powers … [Read more...] about What Is the Difference Between a Limited and a General Power of Attorney?
Incapacity Planning in San Jose CA: What Is a Guardianship or Conservatorship?
Elder care attorneys assist clients who are preparing for the eventualities of aging. Possible future incapacity would be one of these eventualities. Guardianship or conservatorship proceedings could enter the picture if appropriate preparations have not been made prior to incapacity. Incapacity Planning in San Jose CA California Conservatorship The terms guardianship and conservatorship are used differently in different states. In general, a guardian or conservator handles the affairs of a ward … [Read more...] about Incapacity Planning in San Jose CA: What Is a Guardianship or Conservatorship?
