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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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 12, 2014

5 Steps to Take After Signing Estate Planning Documents

by Jack T. Carney, Jr.

The signing of estate planning documents (such as a Will, Power of Attorney, and Health Care Directive) is a significant accomplishment for most people. It is one of those important acts that many people put off until it's too late. Even though the documents are signed, there are still a few additional steps that should be taken.

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Wednesday, September 10, 2014

Celebrities in the News: Wills and Estates Made Famous

by Jack T. Carney, Jr., Esq.

The topic of estate planning rarely makes national headlines. There are no television dramas based on the exploits of an estate planning firm (just so you know, CBS or ABC, we would be interested in talking about a Carney Dye reality show). However, when estate planning does make national news, it is usually in the fascinating and sad area of celebrity deaths. We can learn a lot of lessons from these high profile estate situations.

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Monday, September 8, 2014

Not All Property Is Titled Equally

by Jack T. Carney, Jr., Esq.

An important factor in developing a successful estate plan is to have an understanding of how all property is "titled." The title to a property basically states who owns it, but it also conveys certain rights to each of the parties, especially in the event of death.

When two or more people own a piece of property it is usually titled as "tenants in common" or as "joint tenants with a right of survivorship." In both cases two people would each own an undivided one-half interest in the property. However, there is a difference in how the property would be treated in the event of death.

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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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Monday, April 15, 2013

Wills vs. Revocable Living Trusts

by Scott Nelson, Esq.

Is a will or revocable living trust the better primary estate planning document?

Here are several things to consider:


Wills

  • Wills offer a measure of simplicity. A will is one document, as opposed to a trust, which also requires a "pour-over" will - "pouring over" any assets not transferred into the trust during the grantor's life. 
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