The C&Z TrustElderLaw Blog
Many nursing homes will draft a power of attorney for their residents. Doing so is often framed as saving money. However, if a power of attorney is done without an examination of the circumstances, it can cost many times more money than it saves.
A recent publication of the National... Read more.
The phone rings at home and the conversation begins with an innocent,
"Who's this?" the senior asks.
"Don't you recognize my voice? It's Michael. I'm in Boston." (All names have been changed to protect the victims.)
The caller was a young male, but... Read more.
Recently, in a case that was litigated before the New York Court of Appeals, that Court ruled that terminally ill patients do not have the right to seek life-ending drugs from doctors. The case was initiated by three people with terminal illnesses who argued that New York’s ban on physician-... Read more.
Over the years, I’ve experienced a couple of instances where a non-family member brings a client to me for estate planning who was estranged from his family. The client wants to leave a major part of his or her estate to the non-family member. Let’s consider a hypothetical example.
An... Read more.
A “Special Needs Trust” is designed to supplement a disabled person’s quality of life without affecting that person’s eligibility for means tested programs. There are two main types of Special Needs Trusts. A First-Party Special Needs Trust and a Third Party Supplemental Needs Trust. This... Read more.
In the 2015 legislative session, the Connecticut General Assembly authorized the creation of a new type of investment account – the Achieving a Better Life Experience (ABLE) account. An ABLE account allows family members to save funds for the care of a disabled individual without jeopardizing... Read more.
We recently closed an estate that had an issue surrounding the enforceability of a lien in favor of the State of Connecticut for Medicaid payments that were made on behalf of the decedent. The decedent spent her last days in a nursing home. Before she died, she applied for Medicaid to absorb... Read more.
What Is an LLC?
Effective July 1, 2017, Connecticut has a new law controlling limited liability companies. An LLC is a business entity like a corporation and one of its’ purposes is to insulate the member of the LLC from creditors. If you conduct business as an LLC, a lawsuit cannot... Read more.
In a previous blog, I wrote about whether a Will was valid if it was signed by someone with dementia. In that blog, I mentioned three generally accepted criteria that the proponent of the Will must prove for a court to determine whether the testator had the capacity to sign their will. In this... Read more.
Parents often come to us asking how they can protect an inheritance they want to give to a child who has a shaky marriage. A trust can provide protection if it is properly crafted and implemented. It all hinges on whether the child has the ability compel a distribution from the trust.
... Read more.