Whether for medical or for financial reasons, the benefits of a highly detailed, comprehensive power of attorney are numerous. Unfortunately, most powers of attorney are general in nature and can actually cause more problems than they solve. 

Much has been written about financial exploitation of individuals, particularly seniors and other vulnerable people, by people who take advantage of them through undue influence, hidden transactions, identity theft, and the like. Even though exploitation risks exist, there are great benefits to one individual (the principal) privately empowering another person (the agent) to act on the principal's behalf to perform certain financial functions or to make health care decisions when they are needed.

So, what can well written, thoughtful powers of attorney do for you and your family?  Here’s the top ten:

1. Without them, you lose control.  The best time to plan is “when you can.” Powers of attorney are a...

Avoid Nursing Home Poverty & Spend Down - Jane's Story

The story below has been changed in order to protect the client's confidentiality, while retaining the truth of the details.  While the Family & Aging Law Center cannot guarantee results, we can say that the results below are typical for our office. 

Video Transcript:

Hi everybody, Attorney Nicole Wipp here with the Family & Aging Law Center.

So, today, I'd love to share with you a story about our client, Jane (*not her real name!). Jane, like so many of our clients, needed nursing home level care. Yet, her family was so scared - because they did not know what to do, just like so many people don't know what to do. They had been being told, "you HAVE to do a spend down, you have to spend down her money to $2,000 before she can receive benefits for care...she can't have two houses (which is what she had). She can only have one house! You've gotta sell one!" All of these things were being told to the...

Here comes the sun! Although summertime is filled with fun in the sun, it’s important that you regularly use sunscreen no matter what age, gender, or race you are. Do you know how to protect yourself from the sun’s rays? What are the long-term effects of too much sun? Read more to find out!

Where did sunscreen come from?

It is commonly thought that sun protection has been a priority for centuries. As to who created the first product, there are multiple answers considered to be true. An Australian chemist, Milton Blake; the founder of L’oreal Cosmetics, Eugene Schueller; an Austrian scientist, Franz Greiter; and a Florida physician, Benjamin Green, have all been considered in one group or another as the original creator.

Sun Statistics

• 0 sunscreens can block 100% of the sun’s rays
• 90% of visible signs of aging are due to sun damage
• Up to 80% of the sun’s harmful UV rays can penetrate your skin, even on cloudy days 
• Most people on...

WE MADE IT! Yes, it's that time of year again SUMMERTIME! This also means the summer solstice is right around the corner. In North America, the first day of summer arrives on Thursday, June 21, 2018. What a perfect time to shed some light on this breathtaking phenomenon. What is so interesting about the summer solstice, the first day of summer, you ask? Keep reading to find out!

What does “Solstice” mean anyway?

Solstice means “sun-stopping” or “to stand still” in Latin, describing the way the sun often looks on this day. Historically, the summer solstice was an important date that helped farmers know when to plant, grow and harvest crops.

What happens during a Solstice?

The summer solstice results in the longest day, and the shortest night, of the year and occurs when the Northern Hemisphere is tilted more toward the sun. Summers are hot, not because Earth is closer to the sun, but because the tilt of the Earth’s axis...

Part One

When a person has a loved one in rehabilitation or in long term care, understanding how guardianships and powers of attorney really work is essential – even if the loved one is competent to make their own decisions. As clients frequently note to me, it’s what you don’t know that can hurt you.

First, What is a Guardianship?

A guardianship is a court procedure through which a person or organization is given the responsibility to make decisions about the medical care of another individual (but to be clear – only medical, not financial. The financial court proceeding is known as a conservatorship). In order to have a Guardian appointed:

• A person (the “ward”) must be unable to make informed decisions independently (incompetent) and
• The guardianship must be necessary to provide continuing care and supervision of the individual.

A Guardianship is Not the Best Solution for Most People – Consider Powers of Attorney Instead

...

What is motherhood? What does it mean to be a mom?

These questions might be challenging to answer or maybe very simple. With Mother's Day around the corner, I've asked our local moms to answer this question in their own loving words.

This article was written by Victoria, our Relationship Management Director.

Being a "MOM" is the greatest privilege, as I have discovered by talking to so many of these super heroes ; AKA moms! Being a mom means giving birth, adopting children and raising a family. But being a mother is about so much more than that, isn't it? 

There's an immense, overwhelming and beautiful "thing” in the center of motherhood that seems near on impossible to put into words. Moms say it’s a feeling, or sense, not so much as an explanation.  Maybe that "thing" is best called unconditional love. Whatever it may be, I think it's safe to say that this beautiful unique love is deeply felt in a mother/child relationship. I believe all...

Now is the time to “Spring” into action after a long chilly winter!

No matter your age, this change of season offers us the perfect opportunity to get outdoors for a bit and take advantage of spring. The birds are signing, flowers are waking up and everything is starting to be bright again!

A favorite activity to welcome spring, is gardening. Here’s the dirt about it. Gardening is incredibly beneficial not only physically, but mentally too! Pulling weeds and planting seeds helps to improve range of motion, strength and endurance. Additionally, gardening can aid in relaxation, which will subsequently reduce stress, giving a sense of accomplishment that flat-out makes us happy.

Looking for some ideas? How about planting Daisies or Sweet Pea flowers? These are the two types of flowers that signify April, according to “The Old Farmer's Almanac.”

The Daisy is also known as “day’s eye,“ because its petals close at night to cover the...

Aloha!

I think we all can agree winter lingers a bit too long around here.  So, I was excited to chat with Nicole about her family’s recent island get-a-way. Until the day comes that I’m under the warm sun of Hawaii, I’m happy to hear about how special this place is and all that awaits us there.

Let’s get right to the good stuff, tell us about the FOOD!      

“One of the best parts of going there!”   “They offer such a variety of freshness you can’t get anywhere else. For example, a typical meal consists of the freshest seafood and tropical fruit. Like Hawaiian mango, which is one of the most delicious things I enjoyed while on the island, I couldn’t get enough of it.”  YUMMY!

What makes Kauai special to you?                                ...

As last summer slipped away, Family & Aging Law Center welcomed a very special person to our team ~ and we couldn’t be more excited!

Without further ado, we’d like to introduce our Relationship Management Director; Victoria Simcheck. Not only is Victoria an incredibly vibrant person with a giving heart, she’s also had some amazing experiences and she’s taught us some pretty cool stuff. We thought it would be great to share some of these with you!

The Land Down Under

Many of us move a time or two during our lives, but Victoria actually lived in Australia for two years. “Moving to Australia was the biggest impulse decision I’ve ever made. Within about four weeks, I found a job there; made living arrangements; quit my job at Walt Disney World; packed my suitcase and moved across the world!”

“Port Hedland, where I lived, is in the far Northwest corner in the state of Western Australia and it’s about an 18-hour drive north of...

150 gifts.  Dozens of donors.  7 facilities.  

One of the thing that happens as a result of being an elder law attorney is that I often see the "darker" side of being elderly in society today.

The truth is, our clients are often truly blessed people - because they have loved ones that care enough to come to us when things go wrong, and/or they take care of business so their kids don't have issues when bad things happen.

Yet, not everyone is in this position.  Many elderly people are alone, for many reasons - some within their control, but so often due to circumstances completely out of their control.  For these seniors, being "abandoned" in a nursing home is the writing on the wall.

I think we can all agree that that has to be one of the worst possible results we can imagine, at the end of life.

This Year, We Wanted To Brighten Up These Senior's Holiday Season 

I got the idea that we should make sure that every single senior in the...