The Law Firm Of Myrna Serrano Setty, P.A
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What Is The Difference Between A Living Will And A Living Trust?

A Living Will Details The Health Care That You Want If You End Up On Life Support A living will, also called a health care directive, gives you the power to take control over what medical treatment you do or don’t want administered, in the event that you become unconscious or incapacitated. To learn more about health care directives, watch this short video. A Living Trust (also known as a revocable living trust) is created during an individual’s lifetime where a designated person, the trustee, is given responsibility for managing that individual’s assets for the benefit of the eventual beneficiary. A trust is a legal document that you create during your lifetime. Just like a will, a trust spells out your wishes with regard to your assets, your dependents, and your heirs. A…Read More

Part 2: Use Estate Planning To Avoid Adult Guardianship And Elder Abuse

In Part 1 of this series, we discussed how some professional adult guardians have used their powers to abuse the seniors placed under their care. Here, we’ll discuss how seniors can use estate planning to avoid the potential abuse and other negative consequences of court-ordered guardianship. As our senior population continues to expand, an increasing number of elder abuse cases involving professional guardians have made headlines. The New Yorker exposed one of the most shocking accounts of elder abuse by professional guardians, which took place in Nevada and saw more than 150 seniors swindled out of their life savings by a corrupt Las Vegas guardianship agency. The Las Vegas case and others like it have shed light on a disturbing new phenomenon—individuals who seek guardianship to take control of the lives of vulnerable…Read More

What Is The Difference Between A Living Will And A DNR?

One day you may not be able to make your own medical decisions. That’s why we recommend that you plan ahead. A lot of people are confused about the differences between a living will and a “do-not-resuscitate” order (DNR). While both these documents are advance medical directives, they serve different purposes. A living will is a document that you can use to give instructions about your medical treatment if you become terminally ill or are in a persistent vegetative state and unable to communicate your instructions. The living will states under what conditions life-sustaining treatment should be terminated. If you would like to avoid life-sustaining treatment when it would be hopeless, you need a living will. A living will takes effect only when you are incapacitated and is not set in stone. You…Read More

Can An Adult Child Be Liable For A Parent’s Nursing Home Bill?

Although A Nursing Home Cannot Require A Child To Be Personally Liable For Their Parent’s Nursing Home Bill, There Are Circumstances In Which Children Can End Up Having To Pay This is a major reason why it is important to read any admission agreements carefully before signing. Federal regulations prevent a nursing home from requiring a third party to be personally liable as a condition of admission. However, children of nursing home residents often sign the nursing home admission agreement as the “responsible party.” This is a confusing term and it isn’t always clear from the contract what it means. Typically, The Responsible Party Is Agreeing To Do Everything In His Or Her Power To Make Sure That The Resident Pays The Nursing Home From The Resident’s Funds If the resident runs out…Read More

Report Ranks States On Nursing Home Quality And Shows Families’ Conflicted Views

A new report that combines nursing home quality data with a survey of family members ranks the best and worst states for care and paints a picture of how Americans view nursing homes. The website Care.com analyzed Medicare’s nursing home ratings to identify the states with the best and worst overall nursing home quality ratings. Using Medicare’s five-star nursing home rating system, Care.com found that Hawaii nursing homes had the highest overall average ratings (3.93), followed by the District of Columbia (3.89), Florida (3.75), and New Jersey (3.75). The state with the lowest average rating was Texas (2.68), followed by Oklahoma (2.76), Louisiana (2.80), and Kentucky (2.98). Care.com also surveyed 978 people who have family members in a nursing home to determine their impressions about nursing homes. The surveyors found that the family…Read More

Getting Paid To Take Care Of A Sick Family Member

Caring for a sick family member is difficult work, but it doesn’t necessarily have to be unpaid work. There are programs available that allow Medicaid recipients to hire family members as caregivers. All 50 States Have Programs That Provide Pay To Family Caregivers. The Programs Vary By State, But Are Generally Available To Medicaid Recipients, Although There Are Also Some Non-Medicaid-Related Programs Medicaid’s program began as “cash and counseling,” but is now often called “self-directed,” “consumer-directed,” or “participant-directed” care. The first step is to apply for Medicaid through a home-based Medicaid program. Medicaid is available only to low-income seniors, and each state has different eligibility requirements. Medicaid application approval can take months, and there also may be a waiting list to receive benefits under the program. The state Medicaid agency usually conducts an…Read More

Estate Planning Mistakes Seniors (Including You Or Your Parents) Can’t Afford To Make

Once you or your parents reach senior status, you really can’t afford to put it off any longer. Unfortunately, without proper planning, seniors can lose everything, even if they have family to look after them. Having a will isn’t enough. More and more, the media is highlighting stories of seniors being taken advantage of, and even being targeted by unscrupulous professional guardians. While planning for your incapacity and death can be scary, it’s even scarier to think of all the horrible things that can happen to your family if don’t have the right planning in place. Here are a some of the most common mistakes that seniors make: Mistake #1: Not Creating Advance Medical Directives In your senior years, health care matters become much more relevant and urgent. At this age, you can…Read More

You And Your Parents, The Sandwich Generation

The average age of parents raising children in the US continues to rise, leaving many middle-aged Americans in a category commonly referred to as the “sandwich” generation. This growing population of adults are often still raising kids at home when they become responsible for the care of their own aging parents. The stress and financial strain of managing taking care of both your children and your parents can become overwhelming. The following tips can help make this challenging life stage easier to manage, and more enjoyable for everyone. Assess The Financial Situation Taking time to thoroughly understand the complete financial picture of your home is important when you step into a role of responsibility for your aging parent. You can prepare for all possibilities, and avoid surprises, by working with a professional to…Read More

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