Long term care is often shifted to family members when there isn't a long term care plan in place. Service can be costly and decision making can take a toll on loved ones. Long term care planning involves deciding how you want to get care, where you want to get care and who will provide that care. It also involves granting your family members permission to make decisions on your behalf and developing a way to finance the cost. Most insurance plans, including Medicare, do not cover the cost of ongoing care at long term care facilities. You are fortunate if you have long term care policy but may need government assistance in paying for the care of your loved ones.
Guardianship is a legal process utilized when a person can no longer make or communicate safe or sound decisions about his or her person and or property. This condition leaves loved ones susceptible to fraud or undue influence by others who do not have their best interest in mind. Guardianship of the person allows another to make healthcare and end of life decisions while guardianship of an estate results in the appointment of a person who is assigned the responsibilities of protecting assets, receiving income and making disbursements on another's behalf.
Healthcare is constantly changing and it is often challenging to navigate the many healthcare insurance products on the market. Making the right choice regarding your healthcare benefits may save you and your family from some difficult choices in the future. Thorough understanding of the rules and limitations of the Medicare and Medicaid programs can help you and your loved ones determine the best possible strategy for you and allow you to pursue healthcare coverage that will best meet your needs.
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 too 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 a 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.
Whether you are just starting up, winding down, negotiating a contract or resolving a dispute, understanding applicable legal statutes and precedents is necessary to assist you in making good decisions, avoiding unnecessary expense and protecting your business.
Dawn Richards Law can provide assistance with:
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