Thursday, April 14, 2016

Estate Planning and Conflicts of Interest: Who Exactly Is Your Client?

by Thomas D. Sands, Esq.

There are few things that are clear in the law. With that said, knowing who your client is should be one of them. Not having a clear understanding of who your client is can lead to a whole host of problems such as conflicts of interest, malpractice, and ineffective representation.

This blog will focus on the representation of a client in the context of estate planning. First, you must understand at what stage of the estate planning your representation is being requested. Are you simply drafting a will, a trust, or other estate document? Or are you past this stage and now working through a probate proceeding?

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Wednesday, August 26, 2015

VA Aid and Attendance Benefit Facts and Figures

by Kelly Gannott, Esq.

If you are a veteran or surviving spouse of a veteran, you may have heard of the VA Aid and Attendance benefit. There is a lot of misinformation about VA benefits swirling around, so let's get the facts.

The VA Aid and Attendance benefit is the highest level of VA pension benefit. It can be paid to a veteran who qualifies or to a qualifying surviving spouse or dependent child of a veteran. Below is a chart of the maximum amount the VA will pay in each situation.

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Monday, March 30, 2015

Controlling End-Of-Life Decisions: The Difference Between DNR and Living Will

by Chris Calamita, Esq.

There is often confusion between a living will and a do not resuscitate order (DNR). Recent online articles have added to this confusion. In Kentucky, a DNR applies to resuscitation attempts by health care providers before you get to the hospital (for example, attempts by paramedics and nursing home staff). The living will informs doctors of your end-of-life care decisions should you not be able to speak for yourself.

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Monday, March 16, 2015

Ignorance Isn't Bliss: Not Knowing the Medicaid Rules Can Cost You

by Misty Clark Vantrease, Esq.

The meeting began like so many before, but I soon realized that this one would be one that would stick with me. Judy had made the heartbreaking decision two years ago to place her husband in a nursing home. He had advancing dementia and she had cared for him as long as she could at home. She put him in a nice, clean place close to her so that she could see him as often as possible.

Although she didn't drive (she'd never learned), kind friends and church members would take her to see her ailing husband almost every day. They had married over 60 years before, and her tender words about him showed she was still head over heels for him.

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Wednesday, February 4, 2015

Three Critical Ethical Concerns in Elder Law Practice

by Nancy Black Norelli

Adult children are often faced with an uncomfortable role reversal when it comes to ensuring aging or elderly parents have the appropriate estate plans in place to protect their health and assets.

This emotional process can be complicated by the fact that special care must be taken when attempting to assist parents making estate planning decisions because serious ethical landmines exist that can trap the unwary.

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Friday, September 5, 2014

Planning for Incapacity: The Benefits of Advance Directives

by Lisa L. Coggins, Esq.

Planning now for potential incapacity later will go a long way in helping families handle the difficult situation of having a loved one who needs assistance.

Advance directives for health care purposes, such as living wills, medical powers of attorney, and/or advance health care directives, allow an individual (the declarant) to make and document various health care decisions and/or to give authority to another person to make such decisions on his or her behalf while he or she is mentally competent to do so. The benefits of such documents are many.

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Thursday, August 28, 2014

Clark v. Rameker and the Inherited IRA

by William W. Erhart, Esq.

As you also know, for most Americans, the largest asset we typically have is our house, but the second largest asset we typically have is our qualified retirement plan, such as an IRA.

We do not usually have to worry too much about our own IRAs with regard to asset protection. Qualified retirement plans, for the most part are exempt from the execution process. That means that judgment creditors cannot attach IRAs if we are unfortunate enough to have a car accident or get otherwise sued and have a judgment against us.

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Friday, January 24, 2014

Medicare and Medicaid: What's the Difference?

by Heather Carty Ward,  Esq.

Do you understand the difference between Medicare and Medicaid? Attorneys and others advising seniors and their families should have a basic understanding of these programs and the services each provide.

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