General

Taking Care of Our Loved Ones: My Own Story

2015-02-17T14:41:05-05:00February 17th, 2015|General, Taking Care of Your Parents: My Own Story|

We all want the best for our loved ones. My mom wanted to stay in her own house ‘for as long as possible.’ And that’s what my brothers and I did. We put as much support around her as we could. We tried to take care of the house, which was built in the 60’s so it needed consistent attention by 2010, and allowed her to stay in her home.
What changed, however, was mom. She was no longer the vibrant, “digging in the garden and hanging out the laundry” person she had always been. And most of us do not […]

Power of Attorney Abuse: The Times, They Are A Changin’

2014-12-01T13:40:08-05:00December 1st, 2014|General, Power of Attorney Abuse|

     Aunt Gertrude may wish to appoint her niece, Milly, as the agent on her Power of Attorney document. If she does so after January 1, 2015; they will both find out that many things have changed.

     There have been fundamental changes to the way the Power of Attorney operates in Pennsylvania; such as changes in duties, changes in gifting, changes in potential liability, and changes in definitions of simple phrases like “good faith.” These changes affect both the agent and the ones accepting or rejecting a power of attorney document.

     If you have a power of attorney document in […]

Power of Attorney Abuse – Attorney Induced Abuse

2014-11-03T14:19:53-05:00November 3rd, 2014|Abuse, General, Power of Attorney Abuse|

For this vignette, imagine that dear Aunt Gertrude is slipping mentally, but she is okay, day to day. Gertrude’s husband Joe and Aunt Gertrude have been married for over 40 years. Joe is fit as a fiddle. Aunt Gertrude appointed her niece Milly on her Power of Attorney document because she thought it would be best to have someone younger as her agent.

Today, Uncle Joe and Aunt Gertrude see the attorney about some estate planning matters – they are looking to the future when Gertrude may need to be cared for in a nursing home. Uncle Joe and the attorney […]

Estate Planning – Do I Really Need To Choose An Alternate?

2014-08-15T14:40:50-04:00August 15th, 2014|General|

 

When I am sitting in my office with clients, working through their estate plan, I often come to a “fork in the road.” Unlike Yogi Bera’s, “When you come to a fork in the road, take it,” I press my clients for a clear answer.

“We’ve already chosen an executor. Why do we need an alternate?”

“We’ve appointed each other as attorney in fact. Why do we need an alternate? We can get to that later.” These typical answers require a response.

Drafting your estate plan requires thoughtful choices. Choosing an alternate fiduciary (a fiduciary is a person who is entrusted with property […]

Taking Care of Our Loved Ones: My Own Story, Things to Look For

2014-08-12T19:17:03-04:00August 12th, 2014|General|

 

There are many thoughts that crossed our minds when my brothers and I began this journey of taking care of our mother. If you have followed our story, you know that what Mom wanted more than anything was to remain in her own home. And, like good children, we did everything we could to make that happen. That was uppermost in our mind.

Then, with time, it began to be clear that home was no longer the safest place for Mom to be alone. In-home care-givers helped, a little, but they could only break her fall (both figuratively and literally), not […]

Estate Planning – Planning For “The Problem Child”

2014-06-16T10:39:16-04:00June 16th, 2014|General|

      When I have a parent (or parents) in my office for whom I am drafting a last will and testament, it is always interesting to watch the reaction to my question, “Is there a problem child in your family?” When there is, the reaction is always immediate. The parent acknowledges the child who will be the one to ‘cause trouble’ after he or she is gone. This requires special drafting if you want to be sure that your wishes are carried out without shenanigans.

      Drafting your will requires thought and planning. You may put requirements that precede any gifts […]

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