News & Analysis as of

Elder Care Power of Attorney

Cole Schotz

Naming a Guardian: It’s More Important Than You Think

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It is easy to mistakenly assume that naming a guardian in estate planning documents is only critical for individuals with minor children. In reality, however, appointing a guardian is just as important for parents as it is...more

Stotler Hayes Group, LLC

The Power of a POA: Why We Must Keep Spreading the Word

As attorneys, we all understand the critical importance of appointing a legal agent to manage financial decisions in the event of incapacity. Most of us have our own Powers of Attorney in place—and likely for our parents as...more

Offit Kurman

Empowerment Through Hero Generation with Nicole a`Beckett and Dr. Shruti Roy

Offit Kurman on

In this episode of the Sandwich Generation Survival Guide, host Candace Dellacona speaks with Nicole àBeckett and Dr. Shruti Roy, co-founders of the innovative technology platform Hero Generation. Nicole and Shruti share...more

Lowndes

What Families Need to Know

Lowndes on

There is often confusion regarding mental capacity in the legal context. This is true not only for families but even for experienced legal professionals. Additionally, litigating issues of mental capacity can take an...more

Chambliss, Bahner & Stophel, P.C.

What Does Incapacitated Mean in Elder Law & Estate Planning?

When working with an attorney to prepare for your future and address the challenges associated with aging, you will likely come across the term “incapacitated.” Incapacitated Definition - Someone who is incapacitated...more

Keating Muething & Klekamp PLL

Back to the Basics: Understanding the Difference Between an Ohio Health Care Power of Attorney and an Ohio Living Will

Prospective clients often call and tell me they “need a simple living will.” They usually mean they want a will – and likely a trust, general power of attorney, health care power of attorney, living will, and real estate...more

Poyner Spruill LLP

Standby Guardianship

Poyner Spruill LLP on

What happens when someone who is responsible for an incapacitated family member or a minor child becomes no longer able to do so?  For a Guardian serving under court ordered authority, the appointment process for a successor...more

Downey Brand LLP

RCFEs Can’t Get Out of the Rain – California Court Finds Another Arbitration Agreement Unenforceable

Downey Brand LLP on

Another day, another decision by the California Court of Appeal making it more difficult for residential care facilities for the elderly (“RCFEs”) to enforce their arbitration agreements. Upon admission to virtually any...more

Shumaker, Loop & Kendrick, LLP

Client Alert: S.C. Supreme Court finds Arbitration Agreement Executed by POA Unenforceable

Last week the South Carolina Supreme Court emphasized the importance of the plain language of powers of attorney when determining the authority they grant. See Arrendondo v. SNH SE Ashley River Tenant, LLC, Op. No. 28011...more

Chambliss, Bahner & Stophel, P.C.

"Failing to Prepare Is Preparing to Fail"

At 5:30 a.m. my phone started ringing. I am an early riser, but I have to say that I almost never get calls that early in the morning. In fact, that is my quiet time when I drink my coffee, think about my day ahead, and...more

Chambliss, Bahner & Stophel, P.C.

Caregivers Are Getting Younger, Making Planning for Long-Term Care Even More Important

As baby boomers age, more and more millennials are becoming caregivers. Many are taking on this role while just getting started in their own lives, leading to difficult decisions about priorities. Proper planning can help...more

Bricker Graydon LLP

Best practices for resolving patient incapacity issues

Bricker Graydon LLP on

With an aging population that continues to mature, many hospitals are struggling to address a growing problem: how to timely treat and discharge patients who lack mental capacity to provide informed consent to medical care....more

Cranfill Sumner LLP

Durable Power of Attorney: Is yours "Hot" Enough?

Cranfill Sumner LLP on

Many states, including North Carolina, allow people to execute certain legal documents called Powers Attorney. In a Power of Attorney, a person, called the Principal, can appoint other trusted individuals, called Agents, to...more

Cranfill Sumner LLP

Senior Planning Checklist

Cranfill Sumner LLP on

When preparing for the future, seniors and their families can follow this check-list to ensure their needs have been addressed....more

Downey Brand LLP

Sacramento Court: Only a Health Care Agent Can Contract for Placement in an RCFE

Downey Brand LLP on

Incapacity planning is a major component of an estate plan. Quite often people name one person to serve as a health care agent and another person to serve as a financial agent. What role does one agent have as opposed to the...more

Chambliss, Bahner & Stophel, P.C.

Mom Always Knew Best

"Amy, I really need to talk to you about something important." My mom said this to me weeks after we found out that her cancer, which she battled for over five years, had returned. My mom and I were very close and talked...more

Chambliss, Bahner & Stophel, P.C.

Dispute Between Brothers Demonstrates Need to Plan for Long-Term Care

A recent New Jersey appeals court case demonstrates how important it is for families to come up with a long-term care plan before an emergency strikes. The case involves two brothers who got into a fight over whether to place...more

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