Who Are Elder Law Attorneys?

The Elder Law Attorneys are those who help the elders with difficult and complex problems regarding their final matters and decisions. Usually, they are also known as Estate Planning lawyer as they help their clients in planning their estate will. They help in creating these following types of wills, the Testament, the Last will and also the Living Will as well. The advices given by the Elder Law Attorney helps their clients to protect themselves, their loved ones as well as those who might get affected when such time comes so that the particular individual cannot work in his or her best interest.

 

The Estate Planning Lawyers help to make a living will. It is a document that has to be in a written form and has to be signed by not only the family members but also by the health care providers and with instructions telling how a client will like to proceed the will to be in case the client needs a long term health care after being diagnosed with terminal illness or if by any chance the client falls into a long term state of vegetative. This will states the wish of the client on what kind of treatment, artificial life preservation effort or resuscitation should be taken on his or her behalf. The Elder Law Attorney helps to plan and draft a living will with the clients so that the client has the right to make decision on their own legally.

 

as these lawyers also specialize in creating last will as well as testament documents for their clients regarding the financial assets of the clients, they are also known in general as the Estate Planning Lawyers. These lawyers help you with advices that will help you to create a plan on who is going to take over your estate and asset and with how much authority, influence and power will that said person manage your asset. It will also include the facts about who is going to inherit your assets and among whom and in what amount are your assets going to get divided. Creating this kind of legal document that outlines how your assets are going to get divided ensures the clients that their properties are divided as they see fit.

 

Not only that, they also serve other purposes as well. They also help in appointing legal guardians to minor heirs or adults who are incompetent who have been under the custody or care of the client. These legal documents help to protect the needy adults and children at the event of client?s death. Not only that, the attorneys and lawyers helped their clients to make the right decisions too. As they are employed according to the situation, they, with their specialized knowledge and experience, help their clients in creating the right documents and drafting the appropriate documents as well as form so that the client?s assets as well as the loved ones can stay safe and secured. This is why if you are in any of the situations mentioned above, you should take help from the estate planning attorneys.

 

For more details please visit our site to  estate planning  or wills.

Legal Wills

Will or Testament is a legal instrument whereby a person (testator) creates in order to make decisions on how his or her estate (which may include both personal and real property) will be managed and distributed after his or her death. A power of attorney is a legal document wherein one person (the Granter/Principal) appoints another person or organization to act as an agent on his or her behalf. The granter delegates his authority to the agent to perform certain acts or functions on his behalf. The person or organization you appoint is referred to as an “Attorney-in-Fact” or “Agent.” Legal will and power of attorney has a close relationship. Whenever a testator creates a Will, he definitely requires a person to enforce his Will according to his wishes. Therefore, executor works in the same way as an agent work in power of attorney.

Why it is important to make a Will
This is a bullet-point summary of reasons:-
You choose your own executor to carry out your wishes
You appoint a guardian for your minor children and children yet unborn (Especially for a mother to appoint a father who does not already have parental responsibility. For further information click here
You decide Whole of estate to spouse or partner for life, and residue to others
You decide who is to inherit your property and (sometimes) at what age
Avoids much uncertainty and anxiety and drawn-out procedure for your family
Enjoy peace of mind!

What happens if I die without a Will?
The main statute governing inheritance in Scotland is Succession (Scotland) Act 1964. All property located in Scotland is subject to these laws. If you die without leaving a valid will, your estate will devolve in terms of the rules of intestate succession, as stipulated in the provisions of the Succession (Scotland) Act 1964.

Who is Responsible for Managing my Estate?
The personal representative (executor) named in your Will pays all bills, gathers and protects your property, collects debts owed you, insures that income tax obligations are paid and then distributes the assets according to your plan set forth in the Will.

You may wish to pick someone who is not a member of the family if there could be hard feelings, based on your choice, or if no relative is qualified for the job. Banks with trust departments are often wise choices for this position. If you do not have a Will, the court must choose a personal representative.

How to change a Will
The only way you can change a will is by making:-
a codicil to the will; or
a new will.
Codicils
A codicil is a supplement to a will which makes some alterations but leaves the rest of it intact. This might be done, for example, to increase a cash legacy, change an executor or guardian named in a will, or to add beneficiaries.

Destroying a Will
If you want to destroy a will, you must burn it, tear it up or otherwise destroy it with the clear intention that it is revoked. You must destroy the will yourself or it must be destroyed in your presence. A simple instruction alone to an executor to destroy a will has no effect. If the will is destroyed accidentally, it is not revoked and can still be declared valid.

Net Lawman is an English company operated by Andrew R. Taylor. Most legal work is undertaken by Andrew and Rajeev Goswami, following are the relevant resource: commercial contracts, contract drafting and powers of attorney.

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Pet Trusts

Leaving money to take care of pets is usually the stuff of Hollywood stories; however, it is a real issue for pet lovers. Leona Helmsley left her beloved pet twelve million dollars. Prior to the adoption of pet trust statutes bequests by pet owners to the pet in a will or trust would be the source of litigation because pets are considered chattel property and legally could not be a beneficiary of a trust. It is easier to do today because 44 of the 50 states have enacted pet trust legislation that allows a person to provide for the care of their pet if the pet outlives them. Most of these statutes are based on the Uniform Trust Code and have the following features.

The trust may be created to care for an animal during the settlors lifetime. It terminates on the death of the animal or if there was more than one animal on the death of the last surviving animal.
The trust may be enforced by a person named by the settlor or if none was appointed by a person appointed by the court.
Property of the trust can only be used for the purposes intended by the trust except to the extent the court determines the value of the trust is more than what is needed to care for the pet.

The only states that do not have pet trust legislation are Kentucky, Louisiana, Massachusetts, Minnesota, Mississippi, and West Virginia. Many persons who set up pet trusts stipulate that after the death of the pet remaining proceeds should go to an organization concerned about the welfare of animals such as the humane society.

This is complicated area of the law not really suited for self-help. See the counsel of an attorney familiar with your states trust laws to ensure a pet trust will accomplish your goals of taking care of your family member who is least able to take care of himself

Ryan Hicks Cumpton & Cumpton LLP is a leading provider of expert estate planning guidance in Mobile, AL. For more information on pet trusts and other estate planning services, visit our website.

Elderly Law Care

Florida Elder Law Attorney

As our State’s population ages, more families will want to have a clear understanding of Florida Elder Law.  This area of the law deals with the complicated legal issues common to the elderly and their families. Florida Elder Law Attorneys work to protect the rights of senior citizens and their children. At Mortellaro and Sindadinos we assist families with legal planning for all aspects of life of the elderly and their family. This legal area may include Nursing home care and contracts with nursing homes and other types of long term care facilities.  Our law firm reviews health insurance and Florida Medicaid eligibility. Other areas important to Florida Elder Law are wills and trust, Guardianship, Estate Planning and Florida Probate.

Long term Care

Seniors at some point usually need help from others to conduct their daily affairs.  At first it may simply take the form of advice and gradually may evolve to the point that a full time care taker is needed. One of the first concerns of seniors as they face advancing age is “what will happen if I get sick?”  By planning for the eventuality of long term care, seniors are able to have the best care available, preserve their assets and avoid unnecessary legal issues.

Most long term care is provided at home by a spouse or other family member.  This traditional arrangement is more challenging today for children of the elderly as both husband’s and wife’s are usually in the workplace.  A paid care giver may also be brought into the home to provide care for the elderly.  An unwanted result of these circumstances is that a family member or care giver may be in a position to use undue influence on a senior to their detriment and the detriment of family members causing the senior to make decisions that would harm themselves their assets, estate and their family.  When a Florida Elder Law attorney is there to help with long term care planning the chance of this occurring is greatly reduced.

It is important to plan ahead for the changes that naturally take place as people face the challenges of advancing age. Mortellaro and Sindadinos are experienced Florida Elder Law attorneys in Tampa serving the Tampa Bay cities of Clearwater, St Pete, New Port Richey, Bradenton and Sarasota. 

There are many requirements to qualify for Medicaid and nursing home care.  Some individuals may require the knowledge of a Florida Elder Law attorney to guild the children of seniors in Florida to a full understand of these requirements so that the parent is able to best benefit and qualify for the long term care they need. Mortellaro and Sindadinos can assist with Florida Medicaid nursing home planning, Home health care Medicaid planning, assisted living facility contracts and even the preparation of Medicaid applications.

Asset Protection

A Florida Elder attorney will be able to help seniors answer these important questions:

Will I have enough money for my long term care?
How do I get Medicare?
Will I be able to afford assisted living?
Will I be able to afford a nursing home?
How do I preserve my assets?
How do I leave money to my children but still control my assets?
Should I buy long term care insurance?
Do I need a Living Will?
Do I need a Durable Power of Attorney?

Mortellaro and Sindadinos can assist seniors and their children in answering these questions. We advise families and individuals in long term care options that meet their needs and help them understand the options available to preserve and protect assets.

You can speak to a Florida Elder Law Attorney at Mortellaro and Sindadinos

In Hillsborough County, Pinellas County, Pasco County, Sarasota County or Manatee County Florida call: 813-367-1500 to speak will a Florida Elder Law Attorney about long term care for seniors, wills and trusts, Florida Medicaid planning, Guardianships, Durable Power of Attorney, Medicaid benefits, Florida Probate law, nursing home Medicaid benefits, assisted living facilities contracts and nursing home contracts, nursing home issues as well as estate planning.  We serve the following cities in Tampa Bay for clients who need a Florida Elder Law Attorney: Tampa, Clearwater, St Pete, Palm Harbor, Brandon, Lakeland, New Port Richey, Bradenton and Sarasota Florida.

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Bankruptcy

The least thing any established person wants to happen to him or herself is to end up having nothing, as in zero at all.  With the aftershock from the global recession, a lot of companies ended up closing, and hundreds of thousands of workers from all over the world lost their jobs.  It’s not surprising that most of these people ended up declaring Bankruptcy.

Again, everybody really doesn’t want to declare that they are already bankrupt.  Bankruptcy is a state in which the person doesn’t have any asset anymore—money or even any property.  The real measurement of bankruptcy is when a person has a lot of loans that weren’t settled.  Once a person couldn’t pay up for all his loans, what happens is that the lending company sequesters everything that the debtor has from his cash savings to all of his properties.  The worse case would be when the debtor has already given all his money and properties, yet he or she still has a remaining loan to be paid.  That means the debtor is already in a full state of bankruptcy, and that there is no other way to recover but to look for a sponsor or benefactor.  Avoiding being bankrupt is actually easy if the debtor only knows how to manage his or her loans.  Having several loans is one of the main root causes of Bankruptcy, and if you want to be spared from this very embarrassing financial state, then you have to revisit all your loans and do the necessary organization particularly to your finances so that you won’t end up getting bankrupt.  What you only have to do is to have a credit repair so that you can make the necessary adjustments to the credits that you have so that you won’t pay up for unnecessary expenses.

Aside from being familiar with all the loans that you have, avoiding Bankruptcy starts from the value of controlling oneself from incurring more loans in the future.  If you can stop yourself from getting more personal loans or from using your credit card more often, then you won’t definitely get bankrupt.

Are you looking for more information regarding Bankruptcy? Visit www.nationalcreditfederation.com today!

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