Category Archives: Estate Planning

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 »

SHOULD I QUITCLAIM MY HOUSE FOR A REFINANCE OR EQUITY LINE?

It is not uncommon for a bank to require a borrower to be added to the title to the property if they are not already on it. However, transferring someone on or off title should not be taken lightly. Although the process is simple, the implications can be astronomical. How title is held to your… Read More »

SIGNING A NURSING HOME ADMISSION AGREEMENT AS A RESPONSIBLE PARTY

There may come a time in your life when you may need to sign a nursing home admission agreement in order for a close family member to be entered into a nursing home facility, which scenario would likely occur at a very stressful time in your life. The nursing home might require that the admission… Read More »

WHAT IS A REVERSE MORTGAGE? DO I NEED A REVERSE MORTGAGE?

What is a reverse mortgage? A Reverse mortgage is a mortgage lien placed on your house to secure a promissory note for money a lending company lends you, which is no different than a regular mortgage. The difference is that with a Reverse mortgage there are no required monthly payments. Your obligations when you have… Read More »

SHOULD I TRANSFER MY HOUSE TO MY KIDS?

This question, in its various forms, is a regular question amongst most elderly people. The question is short and straight forward. The preparation of the deed (Quitclaim Deed) is easy and fairly inexpensive. Not discussing the potential implications of such a simple transaction with an attorney prior to transferring the property may be the most… Read More »

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