Question: If I have a revocable trust (funded) with incapacity provisions, and pour over will in place, why would I need a power of attorney springing only in case of incapacity? Response: Good [...]
In the post Do I Need a Lawyer to Get a Durable Power of Attorney? I list the types of questions an attorney can help you answer, but let’s also answer them here: Who should you appoint? [...]
Question: I need an honest answer about how someone like me (an “elder orphan”) should structure my estate planning documents. I am totally alone in my mid-50’s—with no one to [...]
Question: Mom creates and funds a special needs trust for disabled child who’s under the age of 65. Mom plans to leave a 1/3 interest in the house to the trust. If child is over the age of [...]
Question: I have an elderly father with late-stage Alzheimer’s disease. My sister has power of attorney for him. I asked her 2+ years ago for information on his assets and investments [...]
Question: I have a health care proxy which is current. I have an old will but since my husband has died, the will also includes a directive that all assets should go to our children. The will is [...]
Question: In your blog post “How the Community Spouse Can Keep More Assets?” you outline an example wherein husband John’s Alzheimer’s has progressed to a point that his wife, Joyce, [...]
Question: My mother granted me her durable power of attorney six months ago and she now has rapidly advancing dementia but I am not sure how to use it. Response: You need to take the original [...]
Question: If I spend my winters in Florida, should I have separate Florida estate planning documents? Response: As with many responses to legal questions, the answer is yes and no—one being the [...]
Question: I have a durable power of attorney for my father who now has dementia. Does that mean I can go online as him to, for instance, manage his account with Social Security, read medical [...]
