Showing 52 posts in Elder Law.
Legal-Ease: What Happens When You Are Sole Beneficiary of a Trust?
Dear Jonathan: My mother, who recently passed away, prepared a trust naming me as her sole beneficiary. She intentionally disinherited my brother due to a falling out they had years ago. Although he knows that he has been disinherited, I am uncomfortable getting my mom’s entire estate and would like to provide for him somehow. Read More ›
Categories: Elder Law, Estate Planning
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Elder Financial Abuse: What to do if it's in the Family?
People preying on the elderly to get at their life savings, unfortunately, has become a common occurrence in today’s society. We have all heard stories about an elderly person being targeted and falling victim to an unscrupulous con artist. It is a sobering reality that everyone and their families need to prepare for as they age. When it is a family member who is suspected as the one taking advantage of their parent it puts this problem in a whole different light. What should you do if you suspect a family member of financial elder abuse? Read More ›
Categories: Dementia & Alzheimer's, Elder Law, Estate Planning, Financing, Fraud & Abuse, Senior Exploitation & Abuse
Legal-Ease: Steps for When a Loved One Passes Away - Part One
Dear Jonathan: Can you provide a general summary of what needs to be done when a person’s spouse or loved one passes away? Read More ›
Categories: Did you Know?, Elder Law, Estate Planning, Powers of Attorney, VA Aid & Attendance
Resources for Seniors and Caregivers
There are different types of care services available for elders and their caregivers, both in-person and online. Below, we will explore educational, financial, recreational, and supportive service options that can help develop a community for the senior in your life and for yourself in the caregiver role. Read More ›
Categories: Did you Know?, Elder Law, Long-Term Care
Choosing the Right Housing Situation for Your Elderly Loved One
In a world where we are living longer, elder housing choices have become more plentiful and commonplace; but the terms used to describe these options have also created confusion. What is the difference between a home for the aged and an independent senior community? Is my loved one ready for a hospice center, or is a nursing home a better fit at this stage? Read More ›
Categories: Elder Law, Long-Term Care
Aging Unbound: A Multi-Part Caregiver Resource Guide
With advancing technology and ever-evolving science, it is no secret that we are living longer. As our elderly loved ones continue to get older, we want to be sure we are helping them through the aging process as smoothly and as painlessly as possible – not only for their sake, but for ourselves as caregivers. Read More ›
Categories: Dementia & Alzheimer's, Elder Law, Financing Long-term Care, Long-Term Care
Checking in and Reconnecting with Family this Holiday Season
This article was originally published in September 2019 and has since been updated with more current information.
To say that last year’s 2020 holiday season was strange and exhausting would be a massive understatement. With the pandemic raging out of control and the COVID vaccine unavailable to most, many families had to settle for Zoom parties in place of visiting with loved ones.
Even worse, grandparents and other family members more at risk of severe COVID outcomes were forced to shelter away from loved ones, creating even more mental stress, and loneliness. Read More ›
Categories: Dementia & Alzheimer's, Elder Law, Senior Exploitation & Abuse
Valuable Benefits that Often Go Unused by Our Country’s Veterans
This blog post was originally published in 2019 and has been updated to include the most current information.
Our country’s veterans selflessly sacrificed in service of others, but whether due to pride or lack of knowledge, many don’t take advantage of the help available to them after leaving the military. There are many valuable benefits available to veterans—from tuition to long-term care assistance—that often go unused. Many of those who are eligible are unaware that certain benefits exist. Others whose eligibility is uncertain don’t realize that an attorney can help them obtain the benefits they’ve earned. Read More ›
Categories: Elder Law, VA Aid & Attendance
Estate Planning for New and Aging Parents
Many life events will prompt people to consider estate planning to protect their assets and family. Many will rush to an attorney before they travel (especially far), start a business, or complete a messy estate administration for a senior parent. An even more common event that triggers clients to prepare an estate plan is when they become new parents, or their aging parent’s guardian. Abandoning their lives of adventure and no longer living recklessly, they sell their motorcycles, stop hang gliding, and plan a family. Young couples often meet with an attorney to discuss their new family’s needs, and to create an estate plan to support themselves and their family. Read More ›
Categories: Elder Law, Estate Planning, HIPAA
A Look at Conservatorships in Wake of Britney Spears Case
Britney Spears’ 13-year old conservatorship is making headlines once again after a judge denied a 2020 request to remove Ms. Spears’ father as conservator of her finances. Ms. Spears delivered an emotional testimony at the hearing and indicated she may soon petition the court to end the conservatorship altogether. The resurgence of the #FreeBritney movement is a good opportunity to discuss the legality of conservatorships and how attorneys can help. Read More ›
Categories: Elder Law, Estate Planning
Survivor's Checklist:
Due to the shock of the death of a spouse or a loved one, the steps of what needs to be done first can be an overwhelming process for the survivor(s). To aid in the breakdown and to act as a tool amidst the emotional days ahead, estate planning Jonathan "Jay" David has assembled a "Survivor's Checklist" of some of the important things that need to be addressed when a spouse or loved one dies.
Resources and Support for Older Adults Living Alone: A Comprehensive Guide (2024):
Below is a comprehensive guide of resources for older adults living alone, empowering them to thrive independently and access essential services. This guide was created and provided with permission by the National Council on Aging (NCOA).
Resources and Support for Older Adults Living Alone: A Comprehensive Guide (2024) (ncoa.org)
Elder Organizer Tool:
Foster Swift has created a free ‘Elder Organizer’ digital notebook to provide seniors and their caretakers with a toolkit that helps organize doctors’ appointments, medications, and more that can be shared online. The tools below are also available on the Elder Law Resources page.
*For those trying to access these links by smartphone, it is best practice to copy/open the link in a separate tab and download the free Google Sheets app from Google Play or the Apple Store.
COVID-19 Checklist:
For adult children responsible for their elderly parents and other senior caretakers concerned about protecting loved ones as the COVID-19 pandemic continues, below is a free downloadable checklist of steps to follow to prepare for any possible COVID-19-related illnesses among the most-vulnerable.
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E-book Covers Estate Planning Essentials
Engaging in estate planning, while essential, is often emotional and generates many questions. How do I protect my spouse and my children if something happens to me? What happens if I become disabled before I pass on? Who will take care of my pet after I'm gone? How do I pass my business on to my children? These questions and more are addressed in Jonathan David’s recently updated e-book, “Estate Planning: You Have to Start in Order to Finish.”
Need Help Planning?
For more tools, visit our Elder Law Resource page for additional content. Click here to view/download the Foster Swift estate planning brochure to see what our experienced team of attorneys can do for you.