Holmes, Holmes & Neisent P.L.L.C.

Home | Our Firm | Our Services | Elderlaw Issues | Medicaid | Articles | Newsletter | Contact Us

Elderlaw Issues > Guardianship | Power Of Attorney | Estate Planning | Probate | Medicaid

Elderlaw Issues

Guardianship
Undoubtedly, the most important reason to have a guardianship in place is to expedite medical treatment needed by a person with a disability. Doctors and hospitals may refuse to perform necessary but nonemergency procedures on incapacitated patients without legally authorized consent. A guardian can provide such consent if the person with a disability does not have a good Health Care Power of Attorney (Durable Medical Power of Attorney).

Power Of Attorney
A power of attorney is a grant of authority by a principal to a person whom the principal appoints as his attorney-in-fact (or "agent.") By the power of attorney, the principal confers upon the attorney-in-fact the authority to perform certain specified acts, or a broad range of acts, on behalf of the principal.

Estate Planning
Every person needs to do “estate planning” regardless of the “small amount” or “large amount” of assets owned. Frequently good planning is more important for someone with a nominal amount of assets than for a ‘millionaire.’

Probate
The basic goal is to pass clear title to assets on to the rightful beneficiaries. Assets that are subject to the process are known as probate assets. Nonprobate assets pass outside of probate and can generally be described as assets that pass as a result of beneficiary designation, by trust or by titling. Examples of Nonprobate assets are IRA and life insurance beneficiary designations, a trust that names a beneficiary or an account that is set up with a “joint tenancy with right of survivorship” provision.

Medicaid
Eligibility, 2008 Amounts, Income Cap, Protecting the Spouse