Category Archives: Elder Law

ESTATE PLANNING, JUST THE BEGINNING

After having completed your estate planning documents including a Power of Attorney (POA), Appointment of Healthcare Representative (HCR), Designation of Conservator (DC), Living Will, also called Advance Directive (AD) and your Last Will and Testament, who do you tell or give copies of it to? First, this is a subjective question. The answer is whomever… Read More »

IS IT TIME TO DIE?

For twenty five years I have been preparing estate planning documents for clients which documents usually include an Advanced Directive (AD) (also known as Living Will). An AD, in short, is a simple statement that says if there is no longer any medical help for me, then I want to be allowed to die a… Read More »

PROBATE COURT – PART 3: Conservators

A Conservator is a person appointed by a Probate Court to oversee medical and/or financial affairs of an adult. There are two types of conservatorships, voluntary and involuntary and then there are two distinct roles of a conservator, Conservator of the Person and Conservator of the Estate. A Conservator of the Person is a person… Read More »

PROBATE COURT – PART 2: Decedent’s Estates

The most common interaction with a Probate Court most people experience is when someone dies. If a person dies and has his or her name on an asset, with or without someone else’s name on that same asset, then papers need to be filed with the Probate Court to remove the decedent’s name and properly… Read More »

PROBATE COURT – PART 1: What Is It?

The Probate Court system is a state law derivative of the judicial system designed to be user friendly for the non-attorney because of the broad range of sensitive matters it handles including, but not limited to children custody, child neglect, termination of parental rights and re-unification of parents to children, adoption; conservatorships and guardianships of… Read More »

ELDERLY PROTECTIVE SERVICES

DO YOU SUSPECT AN ELDER IS AT RISK OF ABUSE, NEGLECT OR EXPLOITATION? There may be times when you suspect an elderly person is being abused, exploited or neglected; what do you do? Under Connecticut law, services are available to protect that person through Elderly Protective Services which is administered by the Department of Social… Read More »

CARE CONTRACTS: Paying Children for Caring for their Parents

A Care Contract is a valid agreement, preferably in writing, between a person, usually Mom or Dad who may need Medicaid(Title XIX )in the foreseeable future and others, usually children, who will provide the care.  The contract generally provides that Mom, for example, is going to need some assistance due to a decline in health. … Read More »

WHAT IS ELDER LAW?

Before discussing the legal practice known as “elder law”, it is useful to define what is meant by the word “elder.” In the legal sense, the definition depends on the specific area of law in which the term is being used.  For example, for purposes of age discrimination, you must be at least 40. To… Read More »

HEALTHCARE REPRESENTATIVE V. HEALTHCARE AGENT

The primary distinction between an Appointment of Healthcare Representative and an Appointment of Healthcare Agent is the date upon which you executed it. Prior to October 1, 2006 the term “Healthcare Agent” was used usually in conjunction with a Power of Attorney for Healthcare Decisions with the “Healthcare Agent” being responsible for “end of life”… Read More »

SHOULD I DISCLOSE MY LIVING WILL TO MY CAREGIVERS?

Anyone going into the hospital for any reason knows that one of the first questions asked upon admittance is “Do you have a Living Will?” This document is also called Withholding or Withdrawal of Life Support in Connecticut and/or Advance Directive. Federal law requires that you be asked that question. If you have a Living… Read More »

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Gesmonde, Pietrosimone & Sgrignari, LLC
3127 Whitney Avenue
Hamden, Connecticut, 06518-2344 USA
203.407.4200