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...

...About Maintaining Control When It Comes To Estate Planning & Asset Protection

Listen as attorney, Nicole Wipp, discusses these three critical considerations when it comes to protecting yourself and your family.

1. The Law
2. The Issues
3. Your Options

Questions? Need Help? Contact Us Today (248) 278-1511

The information in this video is not intended to be, nor should it be, construed as legal advice. It is for informational purposes only. For advice, specific to your situation, consult with a qualified attorney.

In today's video, I'm going to go over a little bit about trusts with you. I call this Trusts 101. The reason I'm doing this is because I know there's a lot of confusion about the types of trusts that are out there. I'm not going to get into real specifics about trusts, but I'm just going to give you this overview. So let's get started.

~Attorney Nicole Wipp

In this video we'll cover:

• What a trust is
• The two main types of trusts
• The two categories of living trusts and the different goals that each can accomplish
• What is meant by 'Funding' your trust

This is just a really quick Trusts 101. It's important to understand these concepts so that you make good legal decisions in the future.

Have Questions Or NEED Help?

Call us today! (248) 278-1511

Prefer to read this information? Below is the video transcript.

Hi everybody, attorney Nicole Wipp here with the Family & Aging Law Center. Today I'm going to go over a little bit with you about trusts. I call this Trusts 101....

Many People Believe That Probate Only Happens After Death....

Unfortunately, This Isn't Always the Case. 

In Part One, we covered what a guardianship is and why a guardianship is not the best solution for most people. Understanding how guardianships and powers of attorney really work is essential when a loved one is in rehabilitation, or in long term care,  – 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.

Part Two

Alternative to Guardianship – Medical Power of Attorney (POA) / Patient Advocate Designation

The benefits of pre-planning are numerous. Ultimately, having good powers of attorney in place is a cheaper and easier option that places the least amount of burden on the family and provides more options. Additionally:

• Powers of attorney are voluntary, PRIVATE agreements.
• They are cost effective – one of the most cost effective documents done in estate planning.
• The Court is not involved. No one has to pre-approve the signing of the DNR. No one has...