Guardianship

21 Aug WILL NEW LAW RESULT IN INCREASED ACCEPTANCE OF DURABLE POWERS OF ATTORNEY?

Posted at 11:00h in Business, Estate Planning, Financial Powers of Attorney, Guardianship, Lawsuits, Power of Attorney

Share

• 
• 
• 

Many are surprised that financial powers of attorney do not have to be recognized by others including banks and other financial institutions. If the principal (the one who signs the power of attorney) becomes incompetent and the one who is presented with and asked to...

Read More

17 Jul TEXAS PASSES BILL FOR FIDUCIARY ACCESS TO DIGITAL ASSETS

Posted at 11:00h in Estate Planning, Guardianship, Michael Cohen Dallas Elder Lawyer, Power of Attorney

Share

• 
• 
• 

Did you ever hear of a story where there was no access to electronic pictures or Facebook or have access to an online bank account of a loved one who has died or become mentally disabled? On June 1, 2017, Governor Abbott signed into law...

Read More

26 Jun COMMON ESTATE PLANNING CONCERNS OF AN ELDER LAW ATTORNEY

Posted at 11:00h in End of Life Care Planning, Estate Planning, Guardianship, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Special Needs, Special Needs Trust, Trusts, Veterans, Wills

Share

• 
• 
• 

As an elder law attorney, it may be surprising to clients that many of our referrals come from estate planning attorneys since most have limited knowledge regarding public benefits. Many are shocked that there are over 40 Medicaid programs (each with their own rules) in...

Read More

20 Feb PLANNING FOR A CHILD WITH SPECIAL NEEDS

Posted at 09:30h in Beneficiary, Estate Planning, Guardianship, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Special Needs, Special Needs Trust

Share

• 
• 
• 

If you have a child who has special needs and you want your child to be a beneficiary of your estate, a standard will or trust may be insufficient. A few things to consider are as follows: If your child became disabled before age 26,...

Read More

23 Dec SPECIAL NEEDS TRUST FAIRNESS ACT BECOMES LAW

Posted at 07:00h in Asset Protection, Guardianship, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Special Needs, Special Needs Trust

Share

• 
• 
• 

On December 13, 2016, President Obama signed the 21st Century Cures Act which contains the Special Needs Trust Fairness Act that allows disabled persons with mental capacity to create their own special needs trust. Prior to the passage of this law, a disabled person under...

Read More

11 Aug SPECIAL NEEDS TRUST FAIRNESS ACT GETS CLOSER TO APPROVAL

Posted at 09:04h in Beneficiary, Guardianship, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Special Needs, Special Needs Trust, Trusts

Share

• 
• 
• 

The U.S. House Energy and Commerce Committee approved the Special Needs Fairness Act on July 13, 2016, as part of a package to improve Medicaid. The House bill had 26 co-sponsors including local Representative Pete Sessions. This legislation, which has already passed the Senate Committee,...

Read More

16 Sep Social Security …Simple, Right?

Posted at 06:00h in Divorce, Guardianship, Retirement, Social Security

Share

• 
• 
• 

by Rick Foster There is a lot of confusion about Social Security today and the confusion is well deserved. For a married couple there are 81 different combinations on how and when to take benefits and when you add in some of the different strategies, the...

Read More

02 Sep The Truth About 401(k)s

Posted at 06:00h in 401(k), Business, Estate Planning, Guardianship, Retirement, Taxes

Share

• 
• 
• 

By Rick Foster   Putting money in a 401(k) is the right thing to do, isn't it? Yes! No! Maybe? Surprisingly, the answer to that question may not be as simple as it seems. What is a 401(k)? In the late 1960s due to market volatility and the realization...

Read More

29 Jul LONG-TERM CARE FACILITIES: REQUIRED TO REQUEST COPY OF GUARDIANSHIP ORDERS

Posted at 06:00h in Assisted Living, Estate Planning, Guardianship, Long Term Care, Nursing Home

Share

• 
• 
• 

As of September 1, 2015, nursing homes and assisted living facilities must make a reasonable effort to request a copy of any court order appointing a guardianship of a resident or resident’s estate from the resident’s nearest relative or the person responsible for the resident’s...

Read More

09 Mar Special Needs Trust Fairness Act Reintroduced

Posted at 06:00h in Guardianship, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Quality of Life, Special Needs, Special Needs Trust, Trusts

Share

• 
• 
• 

Although the Special Needs Trust Fairness Act did not pass in the last federal legislative session, it has been introduced again to overcome the present legal presumption that all disabled persons lack sufficient mental capacity to handle their own assets. As a result of a law...

Read More