Elder Law Articles

How to revoke a power of attorney

If for any reason you become unhappy with the person you’ve appointed to make decisions for you under a durable power of attorney, you can revoke the power of attorney at any time. But you must take a few steps to ensure that the document is properly revoked. First, you should put the revocation in writing. This revocation should include your name, a statement that you are of sound mind, and your wish to revoke the

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You might be able to claim some Social Security benefits now, and more later

Although you can begin receiving Social Security benefits anytime after age 62, the longer you wait, the higher the benefit you will receive. Of course, many people need money right away and can’t afford to delay. But if you’re married, there is a strategy that might allow you to claim some benefits immediately and then claim more benefits later. First, a little background: You have three options for when to begin taking your Social Security retirement

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Can’t afford a long-term care policy? Consider cutting the length of coverage

Most people can’t afford to buy a gold-plated long-term care insurance policy that offers a large daily benefit and that will continue paying indefinitely. If premiums for this type of Cadillac plan are not in your budget, what should you cut – the daily benefit amount or the number of years of coverage? Most financial experts advise cutting the length of coverage. This is because if you don’t use the full daily benefit, you don’t lose

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How Medicare beneficiaries can fight a hospital discharge

 One of the major benefits of Medicare is its coverage of hospitalization. Medicare covers 90 days of hospitalization per illness (plus a 60-day “lifetime reserve”). However, if you’re admitted to a hospital as a Medicare patient, the hospital might try to discharge you before you are ready. While the hospital can’t force you to leave, it can begin charging you for services. Therefore, it’s important to know your rights and how to appeal. Even if you

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Retired? You might be able to save on insurance

Once you’re retired, your need for insurance changes. It is a good idea to look at your coverage options and figure out what you need (and don’t need) and where you might be able to achieve some savings. ● Life Insurance. You might no longer need life insurance. If your spouse or other dependents won’t lose any income when you die, life insurance may be unnecessary and your premiums may be better spent elsewhere.  On the

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Be Aware of the Dangers of Joint Accounts

Many people believe that joint accounts are a good way to avoid probate and transfer money to loved ones, and such accounts are sometimes referred to as “the common person’s estate plan.” But while joint accounts can be useful in certain circumstances, they can have dire consequences if not used properly. Adding a loved one to your bank account can affect your eligibility for Medicaid as well as expose your account to the loved one’s creditors.

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Probe Finds Nursing Homes Are ‘Dumping Ground’ for Mentally Ill

Elderly nursing home residents are increasingly living alongside young and middle-age people with mental illness, with sometimes tragic results, according to a 50-state investigation by the Associated Press. It appears that in many cases this potentially dangerous trend is a violation of federal law. According to the AP, nearly 125,000 non-elderly adults with serious mental illness were living in U.S. nursing homes in 2008. This is a 41 percent increase from 2002. Younger mentally ill people

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Online Services Offer Estate Planning for Digital Assets

Once upon a time, the key to a safe deposit box was all loved ones needed to unlock the secrets of a life recently ended. Today, many aspects of our lives – both financial and personal – are lived in places accessible only by password. We have e-mail addresses, online brokerages and banks, Facebook and MySpace profiles, and accounts with PayPal, eBay, and more. In addition, many people have formed relationships with people they know only

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Tips for Preventing Financial Abuse of the Elderly

As the economy worsens, reports of elder financial abuse are on the rise. The elderly are particularly vulnerable to scams and to financial abuse by friends, acquaintances, caregivers and family members in need of money. A recent MetLife study, Broken Trust: Elders, Family and Finances, found that up to one million older Americans may be targeted yearly. Family members and caregivers are the culprits in 55 percent of cases, although financial losses are usually higher with

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Estate Taxes: What’s a Taxpayer to Do?

After almost a decade of changes in the federal estate tax laws – and many states shifting their tax structure in response to the federal changes – clarity appears to be on the horizon. Congress’s recently passed budget resolution would make the current estate tax rules permanent, taxing only estates over $3.5 million in value with the tax rate set at 45 percent. Although no legislation has yet been voted on, the nonbinding budget resolution sets

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