Category: Power of Attorney

March 29, 2018 Robert Slutsky

Many eldercare professionals have observed or have in someway been involved in an incapacity proceeding. The roles of the parties are not always clear. As a lawyer involved in over 350 incapacity proceedings the one concern/ambiguity I have always had is the role or counsel appointed for the alleged incapacitated person.   In Pennsylvania the…

February 20, 2018 Robert Slutsky

Older parents are becoming more common. Whether it is societal, educational, maturity or debt related (academic debt), our society, in general is having families later in life, sometimes much later. But later-in-life parents have special estate planning and retirement considerations.   The first consideration is to make sure you have an estate plan and that…

January 10, 2018 Robert Slutsky

Understand Decisional Capacity: Be aware that capacity is not an all-or-nothing thing. A family member may have some capacities at some times but are gradually losing others. Financial capacity and financial judgment often decline before other functions. So it is important to get help to evaluate capacity. It will help give you a clearer picture…

October 9, 2017 admin

What if there is a problem and you are not around the corner to help? Being a long distance caregiver for an elderly or disabled loved one is tough. Here are some tips for long distance caregivers: Hire a local care manager. Create a Contact List. Put together a contact list of medical providers, insurance…

April 5, 2016 admin

ESTATE OF: WILLIAM F. BINNIG Medicaid Planning: The Importance of a Well Drafted Power of Attorney This is a recent Pennsylvania Superior Court case that highlights how important a power of attorney can be in proper planning. In this case an executor who was also the agent under a power of attorney for the decedent…

February 15, 2016 admin

Who Has Standing to Challenge the Actions of an Agent Under a Power of Attorney? This question is often asked to me when someone is concerned about abuse of an older adult who no longer has the ability to advocate for him or herself. The answer depends largely on whether or not the grantor of…

January 8, 2016 admin

Six Myths About Living Wills As you contemplate end of life issues, misinformation can make the  topic of living wills and advance directives confusing.   Below are six common myths about living wills and advance directives, followed by the actual facts. Myth #1  You must have a living will to stop treatment near the end of…

December 15, 2015 admin

Q: Rob, should I use one of those online legal services to do my estate planning documents? A:  Today, you can learn almost anything online. There are TV channels, websites, apps, programs and old fashioned classes devoted to DIY (Do It Yourself). LegalZoom and Rocket Lawyer, among other online services, attempt to streamline the process…

October 7, 2015 admin

Another recent example why certain tasks like surgery, bomb disposal and estate planning generally are not do it yourself tasks:  A recent court decision in Minnesota serves as a cautionary reminder to anyone thinking of altering their estate plan on their own. Esther Sullivan executed a will in 2006, that gave half of her property…