A Power of Attorney is a type of document known as an advance directive, and it is an essential part of any comprehensive estate plan. Far too many people begin planning their estates without a Power of Attorney in place, though, which is an oversight that can become extremely costly later. Here are five reasons you should make sure you have a Power of Attorney in place for yourself as part of your estate plan: Continue reading “Five Reasons to Make Sure You Have a Power of Attorney”
While few people want to think about it, many will eventually reach a point where they are no longer able to care for their own needs. Whether due to physical or mental illness, an unforeseen injury, or simply because of growing older, many people eventually become unable to make the decisions or take the actions necessary to ensure their day-to-day affairs are handled. Before that happens, you should make sure you have a power of attorney in place, to make sure someone can handle your affairs when you no longer can. Continue reading “Protecting Yourself with a Power of Attorney”
These days, with everything from email to banking accounts to home utilities available online, it can feel like the world is literally at your fingertips. People often gravitate towards online accounts for their accessibility and convenience. However, many individuals often fail to account for their online assets in their estate plans, leaving their heirs unable to access and benefit from them. It is crucial for those who are looking to create an estate plan for the first time to specify any digital assets they own and how to access them within the estate planning documents. For those with an existing estate plan, it is essential that the estate plan is updated regularly as new digital assets are acquired. Continue reading “Estate Planning Considerations for Digital Assets”
While a testator has the ability to name anyone as his or her executor, there are certain grounds for disqualification. According to the Surrogate’s Court Procedure Act § 707, a nominated executor is ineligible if he or she is: Continue reading “New Executor Nomination Form Explicitly Requests Criminal History”
Today, furry friends have become part of the family. Recently, more pet owners are looking to ensure that their pets are taken care of in the event he or she becomes incapacitated or dies. One way to ensure that a beloved pet is taken care is to establish a comprehensive pet trust. A pet trust is a valid legal directive that provides protections to ensure that a pet is well taken care of in accordance with the owner’s wishes. Continue reading “Establishing a Pet Trust Will Protect Your Furry Friend”
An executor of an estate is the person named to act on behalf of the decedent. An executor has a fiduciary duty to ensure that the decedent’s wishes for the disposition of his or her property and assets are carried out accordingly. In addition, the executor is responsible for the administrative process of an estate, including paying taxes and creditors. Furthermore, an executor is not required to have prior experience or knowledge in the field. Continue reading “Executors Play an Important Role”
Medicare is a Federal program enacted in 1965. It is an earned-benefit program for those that are aged 65 or older or disabled. It consists of parts A, B, C and D. Part A is for hospital insurance coverage, as well as limited stays in nursing homes and some rehabilitative services such as physical, vocational, and speech therapy. Usually, there is no co-pay for Part A coverage. However, it is $167.50 per day for skilled nursing facility visits in excess of twenty-one days. Continue reading “Navigating the Uncertainties for Long-Term Care Needs”
In 2006, the Medical Orders for Life-Sustaining Treatment or MOLST program began in Onondaga and Monroe Counties and was later implemented on a statewide basis. In 2010, the Department of Health updated the MOLST form to remain compliant with the Family Health Care Decisions Act (FHCDA). A MOLST form is an advanced directive that a person may choose to execute to ensure that his or her wishes for end of life are carried out properly. Requesting a MOLST form helps assist in facilitating a discussion between medical professionals and patient’s or his or her legal surrogate to develop an adequate treatment plan that reflects the patient’s desires in the end stages of life. Continue reading “Be Familiar with a MOLST Form”
For a person to execute advanced directives such as a Health Care Proxy, Living Will, and Power of Attorney he or she must have the mental capacity to understand what he or she is signing and the power that is being given to the designated agent(s) named in the documents. If an individual does not have adequate capacity to execute advanced directives, an Article 81 proceeding may be commenced in order for a court to appoint a guardian. Article 81 of the New York State Mental Hygiene Law allows a proceeding to occur before a judge, where a person may request that the court appoint a guardian to act on behalf of a mentally incapacitated individual. Continue reading “Guardianship Proceedings”
Living WillA living will is a medical directive outlining how a person wishes to be treated in the event that he or she becomes incapacitated and can no longer make decisions for themselves. A living will may address situations involving: Continue reading “The Difference Between a Living Will and a Last Will and Testament”
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