Tag Archives: elder law

Estate Planning

An Elder Law Attorney’s Tips for Interviewing a Nursing Home

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Looking for the right nursing home for yourself or a loved one can be a complicated task. It is an important decision that should only be made after conducting due diligence. You should ask your friends and family for references, as well as look online for feedback. You should also visit and interview the staff at more than one facility. Below are some of the questions you should consider asking:

  • What is involved in the admission process? Are there specific financial requirements?
  • Is your nursing home certified by Medicaid and Medicare?
  • What is included in the monthly fee? What are additional items that may be billed?
  • How many staff members are on duty during each shift?
  • How are staff members trained and screened?
  • Are there extra-curricular or educational activities for the residents to attend?
  • Do residents have access to transportation for errands or non-emergency medical services?
  • Does the facility have a physician on the premises?
  • Are residents allowed to go outside? If so, is the outdoor area safe?
  • Will the resident have a roommate or share a bathroom with others?
  • How are meals served? You may want to sample the food for yourself.
  • How often will a resident’s plan of care by reviewed and/or updated?
  • Can you observe your loved one by video to make sure they are not being abused?
  • How do they control visitors of your family member?

The above list is not exhaustive, but it gives you an idea of some of the areas you should cover with each facility you tour. It is also important to select a living facility that is close to friends and family because having visitors is important to a resident’s well-being.

If you have questions regarding elder law matters, contact our knowledgeable attorneys for an initial consultation. The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

Elder Law & the Unique Legal Issues of Seniors

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Many people understand that “elder law” refers to helping older adults, but most people don’t really know the specific areas where an elder law attorney can help. There is a wide range of areas where we can provide legal guidance ranging from ways to protect your assets, to protect your loved ones, and to protect your personal health and care. Below are a few examples of elder law services our lawyers provide:

  • Powers of attorney. Having a power of attorney means that you have appointed a trusted individual to supervise and manage your personal affairs should you become unable to do so for yourself. The power of attorney can be granted the authority to make financial decisions for you. Without a power of attorney, your loved ones may be forced to go through the costly and time-consuming process of having a guardian appointed by the court.
  • Living will. A living will or advance healthcare directive allows you to appoint somebody to make medical decisions on your behalf if you are incapacitated. Your living will may set forth your wishes regarding what types of medical treatment you want (including life-sustaining care), organ donation and other important decisions. This is a very important document because it removes the burden of making extremely difficult decisions from your loved ones if a medical crisis occurs.
  • Medicaid planning. Senior citizens have unique needs when it comes to planning for long-term healthcare. We can assist you with achieving Medicaid eligibility, which often includes advance planning and the creation of wills, trusts, and other important legal documents. We focus on reducing the costs of nursing home or other extended care and preserving your assets for your loved ones.
  • Guardianships. We can help you appoint a guardian to care for you if become incapable of making your own decisions due to advanced age or illness. Guardians can be granted the authority to make personal, financial and medical decisions on behalf of the incapacitated person.
  • Conservatorship or Trust. We counsel clients on the wisdom of relying on a court-appointed conservator, or creating a trust to manage financial affairs in the event of incapacity.

Let us help you enjoy your retirement years without worrying about your finances and medical care. The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Asset Protection

Is your Loved One a Victim of Financial Abuse?

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If you have an elderly parent or other loved one that is a senior citizen, it is important to understand that they are particularly vulnerable to financial abuse. This is especially true if they have a mental or physical challenge.

There are certain signs that you should be aware of that may indicate your loved one is being taken advantage of. If you see a pattern starting to occur, you should take immediate action and intervene. Below are a few “clues” that financial abuse may be occurring:

  • You start noticing personal items or assets are missing
  • Your loved one has new “friends” that are influencing him or her
  • Your loved one starts receiving past due notices on his or her bills
  • There are unexplained withdrawals or transfers from the senior’s bank accounts
  • The elder’s banks statements are not being delivered to his or her home anymore
  • There are suspicious signatures on the senior’s checks
  • Your loved one is not aware of his or her financial situation and cannot explain certain financial arrangements that have been made
  • The senior has signed new legal documents, but cannot explain why it was done or what the documents mean

The above list is not exhaustive. If you believe your elderly loved one has been the victim of financial abuse, we can help. As specialists, our elder law attorneys can help you figure out what has happened and how to correct it. Along with untangling the financial mess, we can assist your loved one with creating an estate plan that truly carries out his or her wishes.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.