“My mom went into a nursing home and lost everything. I want to put my house in an irrevocable trust. Can you help? Is that advisable?”

 

Many clients come to our office saying that they want to create an irrevocable trust now and they want to put their house in this irrevocable trust now and perhaps other accounts. When you create an irrevocable trust and then you put something into it, you retitle your house into that trust or a bank .

In 1900, average life expectancy in the U.S. was about 47. Today, it’s nearly 80. As we are getting older, the chances of needing long-term or nursing home care has increased dramatically. In fact, one estimate projects that 70% of people turning 65 will need long-term care at some point. If that is you or a loved one, you may be wondering how to pay for nursing home care should it become necessary.

 

If you are the parent or guardian of a child with special needs, you’ve already experienced the various challenges of navigating the complex world of government benefits programs and federal and state regulations for persons with disabilities. 

 

 

Is it too late to plan for Medicaid if my spouse already is in a nursing home?

Many individuals fully intend to take care of their spouse until the end of life, but ultimately must make a very difficult decision to place a spouse in a long-term nursing facility when the caregiving needs become overwhelming or there is a change circumstances. Frequently, the “at-home” or “community” spouse comes to our office believing it is too late to .

Question:

What is the difference between a “living will” and a “durable power of attorney for health care?”  Do I need both and, if so, which is more important?

Answer:

It is important to know about “advance directives” and how they work. Advance directives are specific instructions about the type of future medical care you want, or do not want, if you become unable to make decisions for yourself.  These are documents you prepare and sign in .

February 02

 

What is elder law and how do I find an elder law attorney?

Elder law is a focused practice for lawyers who choose to handle issues commonly faced by elderly and disabled individuals. Attorneys may advertise that they specialize in elder law if they have met specified qualifying criteria, which usually includes a written examination and evidence of extensive experience in the area.

 

Petitioning the court for guardianship over another individual is sometimes necessary when the individual in question is not able to provide for his or her own basic needs such as, food, shelter, health care or to manage personal finances. Guardianship may often be avoided if other less restrictive alternatives are available, such as when financial or health care power of attorney documents are in in place. 

The best way to take full advantage of your Medicare benefits is to be aware of the terms of your coverage. A summary of general Medicare coverage information for 2017 is available online at:  https://www.medicare.gov/pubs/pdf/10050-Medicare-and-You.pdf.

 

Persons with disabilities will soon be able to create self-settled special needs trusts on their own behalf under 42 U.S.C. 1396p(d)(4)(A). Under current law, creation of such a trust required the signature of a parent, grandparent or legal guardian, or court approval. 

Should you die without having executed a Last Will and Testament, New Hampshire state law directs who will receive your assets and in what amounts. Dying without a Will is called, in legal terms, dying intestate. Your death certificate will be filed with the Probate Court in order to open your estate for administration and the Court will appoint someone – usually a family member – to serve as administrator. Once the administrator has settled .

Attorneys
Ann N. Butenhof, CELA
Judith L. Bomster, Esquire
Judith K. Jones, Esquire

Paralegals
Sonia Gianitsis
Renee Lubinski, EA

Administrative Staff
› Denise M. Aiken – Executive Assistant/Office Manager
› Caitlin M. Nelson – Receptionist
› Debra Doyon  Accounting Manager
› Natasha Winslow - Clerk