Blog: Durable Power of Attorney

Think twice before you sign an admission agreement to a residential community (i.e. nursing home, assisted living facility) on behalf of your parent, spouse, or friend. There can be language in the agreement that may not be in the resident’s best interests or might result in waiving certain legal rights.  It is recommended to have…

Clients frequently ask “Doesn’t my revocable trust protect my assets if I get sick and require long term care services?”  Clients are surprised when the answer is that their revocable trust assets, which they control, are countable if the client has a chronic illness and wants to apply for Medicaid. Clients want to stay in control of their…

Do it right from the beginning. Powers of attorney need to be tailored to your needs to address all of your assets and income sources. If you believe a durable power of attorney is just a “form”, you may find this to be an incorrect and expensive assumption. An improperly drafted durable power of attorney…

People diagnosed with Multiple Sclerosis, at any age, are affected by the disease on many different levels: physically, possibly cognitively in the later stage of the disease, in their close relationships and potentially their employment ability. The earlier that people create a legal plan the greater likelihood they can remain independent and autonomous in their decision-making. Individuals…

By Hillary S. Josephs No, this is not the premise of a movie or novel. It is the true story of a family that could have avoided much of the emotional turmoil, possible physical harm, and the expense and loss of privacy they now have to come to terms with as they face a guardianship…

If the settlement recipient is a minor ask yourself: Do the settlement net proceeds exceed $15,000.00? Are the minor’s parents deceased or incapacitated? If the answer is ‘yes’ your client needs a guardianship then call Stephanie L. Schneider an experience guardianship lawyer A ‘minor’ in Florida is a child under 18 years of age. A…

STOP! DON’T DISINHERIT YOUR SPOUSE JUST BECAUSE THEY REQUIRE LONG-TERM CARE Today we see more chronic illnesses (i.e. Alzheimer’s disease; Parkinson’s disease; dementia) that are causing people to provide care or seek long-term care services for an incapacitated spouse.  Chronic illness can trigger the fear of impoverishment or the fear of outliving one’s money.  When…

You have seen in my blogs and articles I always say, “Do not sign a nursing home admission agreement that makes you the ‘responsible party’.” That language creates a legal obligation to financially pay for the care if the resident does not pay the facility. If a person other than the resident is signing the admission…

NEW YEAR’S RESOLUTIONS FOR 2014 2013 introduced significant legal and social developments in our country such as: the United States Supreme Court’s ruling in Windsor resulting in federal rights being available to married same sex couples individuals delaying their retirement age due to increased life expectancies, weakened retirement systems and poor financial planning and states like…

My father, Howard Schneider, died on November 16, 2013.  When I graduated law school my father told me that the experience would serve me well and he was right. My father’s legacy is his work ethic, the importance of one’s character and credibility, and the bravery he exhibited living with Parkinson’s. I am grateful for his legacy as it…