Drafting, reviewing, interpreting and negotiating simple and complex contracts.
Assistance from starting up to winding down.
Just like personal relationships, sometimes business partnerships experience irreconcilable differences of opinion. These disputes must be resolved officially through agreements or a court of law, including mediation and arbitration. Conflicts can be minimized by:
Predictable monthly rates are available for in-house counsel services to address strategic business needs for small to mid size companies that do not wish to hire full time staff to handle day to day business issues. In house counsel services offer counsel
Estate planning is the process of preparing for an individuals death. It involves making decisions about your property and taking the appropriate legal steps to protect it while you are still alive. If you have assets of any value you should avail yourself of the options, including wills, trusts or ownership transfers.
If an individual does not arrange for the handling of her property at death, the states probate process must be followed in order to legally transfer assets to another owner (cars, homes, time shares, personal property). The probate process is complex. The court will need to assign a personal representative, or administrator.
This individual will be responsible for filing an inventory of assets, setting up bank accounts, paying creditors, selling property, paying taxes and filing legal documents. To minimize the burden on your loved ones you should prepare for your own death.
If a loved one has not prepared and you find yourself responsible for the distribution of their estate, please give us a call. We can assist in many ways.
Wills and trusts are used to avoid the long, complex probate process. You are never to young to think about what might happen after your death. A will or trust can protect your property, provide guidance to those you love and relieve the stress placed on your loved ones during an already difficult time.
What should you include in your Will?
If you would like to prepare a will or trust, we can assist you at affordable rates.
An advance healthcare directive, also known as living will, is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness or incapacity.
A living will is one form of advance directive, leaving instructions for treatment in the case of illness or incapacity. Another form is a specific type of health care power of attorney in which the person authorizes someone to make decisions on their behalf when they are incapacitated.
When executing these documents, include an Authorization that also allow access to medical records to facilitate treatment, admission and discharge and continuity of care.
Elder abuse is an intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a risk of harm to an older adult. (An older adult is defined as someone age 60 or older.)
Physical Abuse: the intentional use of physical force that results in acute or chronic illness, bodily injury, physical pain, functional impairment, distress, or death.
Sexual Abuse or Abusive Sexual Contact: forced or unwanted sexual interaction (touching and non-touching acts) of any kind with an older adult.
Emotional or Psychological Abuse: verbal or nonverbal behavior that results in the infliction of anguish, mental pain, fear, or distress. resources).
Neglect: failure by a caregiver or other responsible person to protect an elder from harm, or the failure to meet needs for essential medical care, nutrition, hydration, hygiene, clothing, basic activities of daily living or shelter, which results in a serious risk of compromised health and safety.
Financial Abuse or Exploitation: the illegal, unauthorized, or improper use of an older individual’s resources by a caregiver or other person in a trusting relationship, for the benefit of someone other than the older individual. (Centers for Disease Control and Prevention)
Nursing home care can cost between $7,000 and $9,000 per month. Most people cannot afford this type of expenditure for their loved ones or themselves. That leaves Medicare, Medicaid and private insurance. Medicare pays for 100 days of skilled care related to rehabilitation but does not cover the basic maintenance charges of long term care. Medicaid covers 100% of long term care charges but the rules require that a nursing home resident "spend down" their financial assets before they can be deemed eligible for Medicaid nursing home coverage. This forces the resident to meet the financial requirements of the program. They must also meet the medical level of care requirements. This is difficult to define and varies by state. It is an overall assessment of the residents condition based on physical functional ability, health issues, cognitive impairment and behavioral problems. Depending upon the policy options you select, long term care insurance can help you pay the cost of care. Things to consider when purchasing a long term care plan policy include: amount of premiums, premium increases, pre-existing conditions, limitations on covered services, benefit amount and duration of the policy, coverage exclusions, waiting periods, and policy cancellations. Make sure you shop around before making a purchase of this nature as benefits vary widely among insurers.
Simply accepting a denial or making payment on an unreasonable bill for services rendered while covered under Medicare, Medicaid and Private Insurance may not be the best course of action. Know your policy, your coverage and your rights. Patients with Medicare are guaranteed certain rights including access to doctors, privacy, appeals, timely decisions, access to understandable information, treatment options, and to be protected against discrimination.