What is Planning All About?
These are some of the most frequently asked questions about elder law and planning for aging. I encourage you to click on your question or topic below to learn more.
- What is Elder Law?
- What Does it Mean to Have a Personal Plan?
- Do all elder law attorneys practice in all areas of elder law?
- Why consult an elder law attorney?
- What is Medicaid Planning?
- What is Medicaid Eligibility?
- Must I give the Nursing Home a Guarantee of Payment?
- We feel in crisis because we need help now. Can we still do any planning?
- What will happen if my mother has to go to a nursing home?
- What can I do to give my mother help even in the nursing home?
- What is a power of attorney?
- What is in the New York statutory power of attorney?
- Can I make any changes to the statutory form of power of attorney?
- Who should I choose as my Agent?
- What are the obligations of the Agent under a Power of Attorney?
- Who can create a power of attorney?
- Who may act as an agent under a power of attorney?
- What is the difference between a general and a limited power of attorney?
- How does an agent use a power of attorney?
- What are the formalities of signing a power of attorney?
- When does a power of attorney become effective?
- What is a “durable” power of attorney?
- Should I have a general power of attorney?
- What is the main reason for having a general power of attorney?
- Should I have a power of attorney for health care?
- How does a power of attorney terminate?
- Under a power of attorney, can my agent make a gift on my behalf?
- Must third parties honor a power of attorney?
- Are there disadvantages of a power of attorney?
HEALTH CARE PROXIES & LIVING WILLS
GUARDIANSHIPS/CONSERVATORSHIPS
- Are there alternatives for managing property when a person becomes incapacitated?
- What is a guardianship (sometimes called a conservatorship)?
- What are the disadvantages and advantages of a guardianship?
TRUSTS – LIVING, REVOCABLE AND IRREVOCABLE
- Does a Revocable Living Trust provide asset protection?
- What kind of trust provides asset protection?
- What is a Living Will?
- Why is a Living Trust usually better than a power of attorney?
- Why should I consider a Living Trust?
- Who is the trustee of my Living Trust?
- Who should be designated as successor trustee of my Living Trust?
- What is a Special Needs or Supplemental Needs Trust?
- Will my income taxes change if I create a trust?
- Do property taxes change if I create a trust?
- How are the assets put into my trust?
- Are any assets left outside of my living trust?
- If I transfer real estate to my trust can the bank call my loan?
- What is a Pet Trust?
- What about the transfer of share in a condominium or cooperative apartment?
- Should I put my home or account in joint ownership with my child?
- Can a married couple use joint tenancy until one spouse dies, then set up a trust for the survivor?
