Living Will Attorney

What is Life Care Planning all about? Well, I’m going to answer that question with a question and in fact many questions. I want you to consider whether you are dealing with any of these issues.

Are you or your family members struggling to meet the needs of an elderly loved one during a chronic illness or disability? Is the primary caregiver suffering from burnout, ill health, frustration, guilt or confusion? Are family members confused about care options, what to do next or where to get help? Was the elder recently diagnosed with cancer, Alzheimer’s disease or other chronic condition? Is the elder ill or disabled with children who live out of town? Has the elder experienced a catastrophic event such as a fall, medication mistake or an accident of some type? Have the family members discovered the elder wandering, malnourished, dehydrated or unable to provide self care? Has the elder suffered a medical event such as a stroke or heart attack? Are elders expressing worries about paying for long-term care in the future? Are children voicing concerns about a parent’s debilitating diagnosis? Is the elder hospitalized and the family has been told that returning home is not an option? If you see one of these signs of distress, your family may benefit from a Life Care Plan.

A Life Care Plan describes how our team will meet the elder’s medical, long-term care, legal and emotional needs during long-term illness or incapacity - until the end of life. The benefits to the family include freedom from the burdens of care-giving, relief from anxiety about paying for care, guidance with every legal, health care and long-term care decision for the rest of the elder’s life, confidence that comes from having a plan for ongoing care as the elder’s condition progresses, security because the spouse and dependents are provided for and peace of mind because the right to quality care is protected. The benefits to the elder include obtaining the right care sooner, preservation of independence for as long as possible, the ability to age with dignity, and the security of knowing that you have an advocate dedicated to maximizing quality of life.

The Life Care Plan places special emphasis on issues surrounding a long life. The Life Care Plan connects your concerns about long-term care as you go through the later stages of your life with the knowledge and expertise of an Elder Law Attorney and an Elder Care Coordinator who will be with you and your loved ones every step of the way to assist you in making the right choices.

There are three principal goals of the Life Care Plan that we will help you develop and implement:

First, helping you and your loved one obtain good care, whether your care is provided at home or outside the traditional home setting such as an assisted living facility, or if necessary, a nursing home. This is the most important of all goals, for it goes to the very heart of your quality of life in your later years. Your Life Care Plan is focused first on your good health, safety, and well-being.

Second, helping you make decisions relating to your health care, long-term care, and special needs. It is a comfort and a relief to our clients and their families to know that they always have a resource of experienced, knowledgeable, supportive, and objective advisors with them every step of the way.

Third, helping you find resources to pay for good care, and helping you spend your money wisely and prudently on your care needs. The Life Care Plan protects and preserves the assets you have accumulated during a lifetime of hard work, thrifty behavior, and astute investment decision making. We work with you through the maze of choices and options to find the best, or often, the most comfortable solution to the asset protection problem created by the need to pay for quality long-term care.

The Life Care Plan will help you answer your questions about your long-term care and health care choices.
• What health care, chronic care, and long-term care services are available to me? How can I get the good care I need and desire, whether I am in my own home, an assisted living facility, in a child’s home, or in a nursing home?
• How will financial and health care decisions be made for me if I cannot make them for myself? Who can I rely on to make sure that decisions to be made are the right ones?
• If I can’t take care of myself, who will make sure my spouse continues to have a good quality of life?
• If there is a health care crisis, what will we have to do? Where do we turn for the help we need?
• How do I know I am getting good care? Who will advocate and intervene for me if necessary to ensure my right to quality health care and long-term care?
• What public benefits am I entitled to and what do I have to do to qualify for them?
• Should I rely on Medicaid or other governmental benefits to help pay for my care? How do I apply for benefits?
• Do I have to spend all of my money on my care, whether in my home or in a nursing home? How can I protect my assets to take care of my spouse, to ensure that I receive quality care, or to leave to my children?
• How do I provide for family members with special needs?

Your Life Care Plan will be customized to fit your desires and needs. Your Life Care Plan can then provide you the roadmap to follow to achieve your goals. And, when changes occur, we stay with you every step of the way.

A will is a document written during the life of a person, which expresses what that person (the testator) wants done with his or her property after death.

Because writing a will is such a personal and important decision, the law has enacted some safeguards to ensure that the testator is acting of his or her own free will, and knows what he or she is doing.

A will, or a provision in a will, which is the result of fraud, duress, undue influence, or mistake is not valid. For a will, or a provision in it, to be invalid because of fraud, it must be shown that somebody made a material misrepresentation of fact to the testator, and they intended for that person to rely on that misrepresentation when writing the will. It must also be shown that the provision in question is, in fact, a result of the fraud.

For example, if somebody marries a wealthy widow, hoping to get written into her will, and is, in fact, legally married to someone else, this is fraud: he lied about being able to marry her, and she relied on her belief that their marriage was valid when writing the will. Any provision leaving property to the fraudster will not be enforced.

Duress involves the use of force or the threat of force in getting someone to write a will. A simple example would be putting a gun to a person’s head, and telling them to write a will in a certain way. Anything in the will that was induced by this duress will be invalidated.

Undue influence is a little more complex. Undue influence exists when a will is brought about through inappropriate pressure from an outside party. The influence must be so strong that it actually overcame the testator’s free will, and substituted his intent for that of someone else. Undue influence is usually committed by a person in a relationship of trust with the testator, such as a family member.

In addition to the above external events that can invalidate a will, internal factors can do so as well. If the testator lacks sufficient mental capacity - to the point that he or she cannot understand that a will is being written, and the consequences of the will, then the will is invalid. A person must be of sound mind to make a will.

Courts will strongly presume that a person had the requisite mental capacity to make a will, and overcoming this presumption is difficult, and requires very convincing evidence. It requires a showing that, at the time of the execution of the will, the testator basically had no idea what he or she was doing, and could not comprehend the consequences of his or her actions.

A will might also be invalid if the testator suffers from an “insane delusion”. This is different from a complete lack of mental capacity. It is a delusion, unsupported by any facts, concerning a particular person or entity. It can only invalidate the provisions in the will that are affected by the delusion. It can invalidate an entire will, if the whole thing was influenced by the delusion.

A simple example would be writing a family member out of the will because the testator thinks that he or she has been replaced by a space alien. Of course, in reality, the beliefs are usually not so outlandish.

In one real-life case, a woman left her entire estate to The National Women’s Party. It was later revealed that she harbored, without any apparent logical reason, a belief that the entire male sex was conspiring against her, and was solely responsible for all of the world’s ills, and that the National Women’s Party was the only group that could fix this. The court found that her beliefs were motivated by an insane delusion, and that her will was a result of this delusion, and invalidated the will because of that.

Maxine Cartoons about Living Wills are not a part of our will. It is directive to the physicians and other healthcare providers as to your wishes in regard to the specific treatments to use in the rself it effectively becomes a living will. event of our incapacity. When you cannot express your wishes you

Maxine cartoons template is a useful document. People are contemplating and planning their end of life. Managing the final illness is frequently complicated and emotion full. The one step of a person can take, is to have a living will that is a legal document of health care instructions. It contains instructions given by the individuals that clearly explain what actions should or should not be taken for their health in the event that they are no longer able to make a decision due to illness or incapacity. This document can also appoint a health care representative to make health care decisions by the Law. Every man has a personal right to decide whether if they want to begin, continue or stop the treatment or care that would keep them alive. Usually people, who are eighteen years of age and above, can make a living will anytime of their life. The effective date of living will is from the time that executed until the individuals dies or until the revoked of living will. If more than one living will has been executed, and the last one to be executed will control how and what healthcare is administered.

This Maxine Cartoons about Living Wills are legal documents expressing in advance for concerning the use of artificial life support. A living usually goes into the effect of when the two physicians certify that the patient medical circumstances are within the guidelines. Living will use to direct loved ones and the doctors continue life-sustaining measures to intravenous feeding and cardiopulmonary resuscitation would the patient reject. If the person wishes without clearly and convincing evidence the life support may be indefinitely continued. Due to hospitals rules/policies, fear liability or the doctor moral believe without person notification. Most of the states have legislation authorizing living wills.

The top Lawyers, Doctors, Nurse, have put the living will and are in line with best practice. A living will inform you that the medical care team is wishes to be threatened you to lose to communicate. It gives you peace of mind by knowing it your doctor who decides what happens to a seriously a little chance of recovery. A Maxine cartoon about living will is really helpful to understand what patients want. When the patient doesn’t have a living will it is hard on the family and the health care professionals to understand if they acting in the patients best interest.

When a person writes a will, they are leaving their property to persons and entities of their choosing. These gifts are legally binding, in the sense that the beneficiaries get legal title to whatever property is left to them. A will cannot be used to compel someone to do something, however. One cannot have a provision in a will directing a person to give all their money to a charity, for example. If such a provision is in a will, a court will not enforce it.

However, the testator (the person making the will), within certain limits, can put conditions on their devises. For example, a will might leave a house to the testator’s son, but only if he gives a certain amount of money to a charity. This is perfectly valid: the son does not have to give his money to charity if he doesn’t want to, but if that is what he chooses, he doesn’t get the house.

There are 2 basic types of conditions: conditions precedent and conditions subsequent.

A condition precedent is an event which must occur before the property goes to the beneficiary. For example, if a will reads “$5,000 to my grandson, John Doe, if he has graduated from law school by the year 2015, otherwise, to my sister, Jane Doe” is an example of a condition precedent: John Doe must graduate from law school by the year 2015 before he gets the $5,000. It is also an example of good estate planning. If there had been no deadline, the money would effectively remain in limbo forever. If there had been no deadline, and John Doe eventually graduated law school after 25 years or so, it may be impossible for him to enforce that provision of the will, as there might be nobody left alive against whom he can seek enforcement.

The deadline gives a reasonable amount of time for the condition to occur, but it also cuts off after a reasonable amount of time, and provides an alternate route for the money, if the condition is not met. The money is finally disposed of if John Doe graduates law school before 2015, or 2015 rolls around and he has not graduated law school.

Conditions subsequent tend to be more problematic. A condition subsequent is an event that occurs after the devise is made, and affects or invalidates the devise. So, a will might leave a piece of land to a person, provided that they never sell alcohol on the land. A well-planned will should include some other person for the land to go to if the condition occurs. This is valid, but enforcing it might be difficult.

Suppose the beneficiary takes the land, and starts selling alcohol on it after 30 or 40 years. This is a violation of the provision in the will, but it is not likely that there will be many people alive to seek enforcement. If the alternative beneficiary is still alive, they might seek enforcement of the condition. Of course, that person must also know that the condition has occurred.

While virtually any type of condition placed on a devise is legally valid (though enforcing it is sometimes a more difficult matter), there are some conditions which a court will not enforce. A condition requiring a person to change their religion will not be enforced, nor will one requiring the beneficiary to marry or refrain from marrying a particular person. However, courts have held that a condition requiring a person to marry someone of a particular religion is valid (in this case, a father left a large sum of money to his son, on the condition that he married a Jewish girl before a certain date. It didn’t require him to change his religion, or marry a particular person, making it valid). A condition requiring someone to get a divorce is also invalid.

You don’t need to pick up a newspaper to be aware that the structure of the modern family is changing. But you might not have thought about how this affects what could happen to the distribution of assets following the death of a loved love.

It is an unfortunate fact that there is a steady increase in disputes over the realisation and distribution of assets following death. And this does not simply apply to families in which, for example, parties prefer not to marry or have step children. It remains a widespread fallacy that only those individuals who are aged or in poor health should concern themselves with a Will. Yet, regardless of whether you are poor or wealthy, you will have no power over what will happen to your assets when you die if you do not make a Will.

The only certain thing about life, as the cliché goes, is that it will come to an end. Without a Will, it is up to the Government to divide all assets up and this is done in accordance with exacting rules of intestacy. There are many cases where unmarried couples who have been living together for some time find themselves in a regrettable position because of this, usually due to a mistaken belief that the law will recognize their partner as a beneficiary despite the fact that they are unmarried. Equally, a great deal of grief and protracted anxiety can be brought upon a family due to a badly drafted will, or if the maker of the Will has not thought through the full consequences and ramifications of the Will they have made, whether it is due to illness or other reasons.

There are a wide range of reasons for an individual to contest the distribution of assets following a death. Some of the most common disputes arise from the deceased not making a Will, or, for example, when there is a Will but it does not make provision for all of nearest and dearest of the deceased and, as a result, individuals may feel aggrieved by their lack of inclusion within the Will. Disputes can also occur if Executors or Administrators of an estate do not handle the distribution of the estate efficiently.

If you were to find yourself in a position where you wanted to contest the validity of a will, then there are various grounds on which you can do this. Often, these will challenge either the deceased’s legal capacity or mental capacity to make a Will. Most importantly, there are time limits which must be adhered to for claims and certain categories of individuals who are able to make a claim. It is vital to seek advice at a very early stage if a claim is to be successful.

Whether you are a private individual with a property or share portfolio, company director, or business owner, wide-ranging, friendly, professional advice specifically tailored to your individual requirements can minimize tax and death duties and can remove the possibility of any unnecessary grief on the part of your loved ones in the event of your death.

Taking into account Living Wills is also a useful consideration. Living Wills come into force if you are ill and unable to communicate your wishes about treatment, and Lasting Powers of Attorney which dictate what will happen if you become mentally incapacitated and unable to manage your affairs.

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It is often quoted that in the UK around 60% of the population have not written a Last Will & Testament to safeguard their wishes when they are no longer around. There are many reasons why people people put off writing such an important document ranging from being unsure as to exactly how to write this, what to write & deciding who gets what. Apathy is also a key contributor to these statistics as many people openly admit to just putting things off to a later day.

However for those that have already written a Will, simply signing this and storing it away is not the best practise. A Will should be reviewed every few years as clear consideration must be given to whether your current financial, family or personal situation are still reflected in the your existing document.

Apart from just a simple change of wishes common reasons for needing to change a Will could be that someone named in the original will has passed away. You or a family member may have married, divorced, remarried or widowed. There may be additions to the family, the value of your assets/estate may have increased or decreased or a witness to your original will may died or can’t be located.

Making a change to Will is not as straightforward as just amending the original document, as legally any changes must be again be witnessed and resigned. There are various options available to someone who wants to update a Will. One option is adding a ‘Codicil’, which is a separate piece of paper which outlines the change in wishes and must then be resigned and witnessed and then attached to the existing Will. Although this is a simple and easy way to do this, it is really only advisable if you wish to change one specific section of the Will. There have been cases where a Codicil has been misplaced or lost thus meaning the most recent wishes of the deceased are lost and not acted upon when day comes for the Will to be read.

Apart from using a Codicil most Legal advisors / Will writers will advise that the safest way to change a will is to simply write a new one as any new will that is written and singed will make any previous void and obsolete.

Changes in circumstances mean that some people may wish to change their Will anything up to 5 or 6 time during their lifetime and to write a new Will every time can be sometime be costly and times consuming but in the long run well worth the effort. A Will should ideally be reviewed every 5 years just to make sure that circumstances have changed.

There are now services available online which can save a lot of time and money when a Will needs updating. A copy of your original Will is stored in an electronic document format so when a change is required the user can log on with their account details - make the required changes and thereafter print a copy of the revised will ready for signing.

During the Middle Ages, crusaders sailing East developed Trusts to protect their families and their assets when they could not. A lot has changed over the centuries, but the essential purpose of estate planning has not. People plan to protect themselves and their families from probate, taxes and costly mistakes. However, without fully understanding the changing legal and financial landscape even a well thought out estate plan can fail. It is critical to plan with skilled legal, tax and financial professionals and to watch out for common pitfalls. If you have already planned your estate or are considering creating a plan these are the seven most common mistakes to be wary of.

Mistake No. 1: Not planning to avoid probate

Many people only have a will or nothing at all to direct the disposition of their estate. However, a will alone cannot avoid the expenses and time delays of the probate process for those with estates greater than $15,000. Even in the simplest situation the process requires a minimum of a year. If your family or financial situation is more complicated because of blended families or conflict among your children, the process can take much longer than that.

The probate process is also public, with family and financial matters becoming public record, including announcements in the local papers. This can attract unsavory attention to a surviving spouse or other family members.

Consider avoiding the expenses and time delays of probate and protect your family with a Trust. A Trust, with you in charge, can own your home and other assets and allow them to pass to your family smoothly and efficiently. It can also build in tax savings and asset protection that a will cannot. It is very important to work with a qualified professional who will help you understand how a trust and other documents should be designed to meet your goals.

Mistake No. 2: Not planning for a disability

Disability is more likely than death in any given year. Do you know what will happen to your family, health and financial decisions if you were to become disabled? Who would pay your bills, access your bank accounts and make any needed decisions for your retirement plans?

If you have not planned adequately, your family may need to apply for a court conservatorship or guardianship to be able to effectively care for you and your assets. The guardian may not be the person you would choose. The most effective way to avoid these unnecessary complications is to plan ahead with a trust and other disability documents that are current and meet privacy standards under HIPPA. A durable power of attorney alone will not be enough, as these documents are often rejected by institutions if they were signed more than one year ago or not on their proprietary forms.

Mistake No. 3: Not planning for the Massachusetts and Federal Estate Taxes.

A trust is an effective way of doubling the amounts that a married couple can pass tax free to their children and grandchildren. While the federal estate tax free amounts continue to change and may drop to $1 million per person in 2011, it is important to consider how the growth of your assets over time will effect your tax situation. The state of Massachusetts also imposes a separate estate tax on all estates over $1 million. Your planning should address both of these taxes, which can be substantial.

Mistake No. 4: Not considering the potential for double taxation on IRAs and other retirement plans.

Taxes on IRAs and other retirement plans can create a 70% tax before your IRAs can reach your children or grandchildren. IRAs and other retirement plans are taxed twice, once as part of your taxable estate, and a second time as they come out of the IRA as income. These taxes together can reduce your IRA by 70% unless you plan effectively.
The combination of a Retirement Plan trust and an effective plan to stretch out and protect an IRA over the lifetime of a younger person, such as a child or grandchild, can create significant tax savings and magnify growth for your family.

Mistake No. 5: Not planning for the cost of nursing home care.

One out of every three adults over the age of 65 will need nursing home care for some period of time and increasing health care and nursing home costs are one of the greatest threats to a comfortable retirement. The costs in Massachusetts are approaching $12,000 a month and rising.
Because long term care insurance is so expensive, many families have chosen a Protective Trust to protect their lifetime savings, homes and other asset so that they do not need to spend their lifetime savings on a nursing home. A Trust also provides flexibility to protect assets and pay for in home care and assisted living facilities.

Mistake No. 6: Not planning to protect children and grandchildren’s inheritances.

Many people have wonderful, effective planning to pass their wealth down to the next generation, but what then? Inheritances distributed outright can be lost, to divorce, lawsuits and creditors. It is critical to consider protecting your children and grandchildren by leaving their inheritance in trusts accessible for their own needs while barring creditors and predators.

Mistake No. 7: Not keeping plans updated.

Many families who set up estate planning several years ago are unaware that planning is an ongoing process. Family circumstances and laws change significantly over time, making their plan ineffective for their current needs. For an estate plan to work effectively it should be reviewed on a regular basis with your Attorney and other advisors to ensure that your documents are current.

Of course we are not all Crusaders, but everyone wants to protect themselves as best they can during their lifetime and provide for their family when they are gone. If you have a plan in place or are thinking of creating one, the first step is to work in conjunction with a skilled tax and estate planning attorney to provide guidance and education. Only by being clear on your goals can you develop current planning to take care of your family.

For additional information on how to begin the process of planning your estate and avoid the top seven mistakes of estate planning and more please see our website at www.dsullivan.com to register for an upcoming community education workshop. Our firm consists of dedicated expert estate and tax planning attorneys and support staff. Our unique Trust, Estate and Life Plan Review Process begins with an educational workshop to help you clarify your personal goals and objectives. Then our legal, tax and asset protection experts help your design a plan to meet your goals and protect your family.