Category Archives: Estate Planning

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 »

FIREARMS IN ESTATE PLANNING

Despite our legislature’s intent, more people own guns now than ever before. However, because of the voluminous restrictions on gun ownership, it is more crucial than ever that anyone owning a gun properly provides for its succession in their estate plan. There are many things to consider in the estate planning process for succession of… 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 »

LIFE END PLANNING FOR MOM AND DAD

Mom and Dad have taken care of you all your life. They are now aging and their health may or may not be failing yet. Have they taken the appropriate steps to plan accordingly? Do you even know? Many times it is difficult to broach this subject with your Mom or Dad because it is… Read More »

ANOTHER BLOW AGAINST MANDATORY CONSUMER ARBITRATION

As we have previously discussed in BE(A)WARE OF CONSUMER ARBITRATION CLAUSES consumer arbitration is coming under increasing attack as a dispute resolution mechanism. The federal agency that controls Medicare and Medicaid funding recently banned the use of mandatory arbitration for the resolution of disputes between nursing homes and their residents, further calling into question the… Read More »

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