Every day, I review contracts that contain arbitration clauses. They are in nursing home contracts, assisted living facility contracts, home healthcare contracts, apartment leases, annuity contracts, documents signed at the doctor's offices, and documents signed to purchase everyday items and services. And, I usually...
Video Transcription: A durable power of attorney can potentially alleviate the need for a guardianship, because a durable power of attorney allows someone to make financial and legal decisions on your behalf. If you become incapacitated and a guardianship is filed against you, someone could argue that the durable power of...
Video Transcription: Medicare does cover hospice care. Usually hospice care is provided in your home but it can be provided in an assisted living facility or skilled nursing facility. Medicare will not cover the costs of the facility care, however will cover doctor visits, prescription drugs, and a variety of other things...
Video Transcription: A trustee generally must provide an annual accounting to the beneficiaries of the trust. However, if you are the grantor of a trust and you have created a revocable living trust for your self, you do not need to provide an accounting to the beneficiaries of that trust of your use of your money in...
Video Transcription: A trustee can be paid. Under all laws in the United States trustees are entitled to a reasonable fee. The reasonableness of the fee can be determined by many things. If you're using a financial institution, the financial institution will give you a fee schedule showing you what their fees will be. If...
To die "intestate" means a person died without a valid Last Will & Testament, or a will. This commonly occurs when one fails to create a written will. However, a person may die intestate if a court determines her will is invalid. In some rare cases, a will may be valid, but fail to say how all the person's property...
Video Transcription: Not all attorneys practice elder law. Like physicians, attorneys also specialize, and attorneys that specialize in elder law know the government benefits as well as the court systems that are available to protect those with disabilities and those that are elderly, and ensure that they have quality of...
Video Transcription: A will can be challenged after the death of the testator for a variety of reasons. The most common are that the individual lacked capacity to execute the will or was subject to undue influence or duress. Undue influence means that someone else influenced how the will was distributing property, and...
Video Transcription: An agent under a durable power of attorney can change a trust document if that is one of the authorities you've granted them. Under Florida law that must be specifically stated in the power of attorney. In other states other requirements may be necessary before they're allowed to exercise that...
Video Transcription: You can and should pre-plan and pre-pay for your burial, funeral, or cremation expenses. This allows you to maintain control over your memorial. It also minimizes the cost to the extent possible of the costs of your cremation, burial, or memorial.