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Recent Blog Posts

When Does an Elderly Person Need a Medical Power of Attorney?

 Posted on April 11, 2023 in Elder Law

Dallas Medical Power of Attorney LawyerAs people age, their medical needs become more complex. It is important for a person and their loved ones to plan for the future in case they become unable to make decisions for themselves. In such situations, a Medical Power of Attorney (MPOA) can be a crucial tool that provides a trusted family member or friend with the legal authority to make medical decisions on a person's behalf. Elderly people and their loved ones will want to understand the situations where having an MPOA may be necessary, and they will also want to be aware of what specific issues a Medical Power of Attorney may address.

Understanding the Benefits of an MPOA

A Medical Power of Attorney will allow a person to designate someone they trust to make decisions about their medical care in the event of an emergency or if they are no longer able to do so. If a senior citizen has dementia, is in a coma, or is incapacitated in any other way, a medical power of attorney will go into effect, and their health care agent (the person named in the MPOA) will be able to make decisions on their behalf.

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Probate Vs. Non-Probate Assets: What You Need to Know

 Posted on March 03, 2023 in Estate Planning

Irving Estate Planning Attorney

When it comes to estate planning, there are a variety of issues to consider. A person or family that creates an estate plan will need to make decisions about what will happen after someone's death, although issues related to medical care, personal care, and financial concerns while they are still alive may also be an important consideration. When determining how to distribute different assets to a person's heirs after their death, it is important to understand the difference between probate and non-probate assets. In a nutshell, probate assets are those that must be considered during the probate process, which must take place before title transfers can be performed. Non-probate assets, on the other hand, will not be considered during the probate process. By understanding how different types of assets will be transferred to beneficiaries, a person can rest assured that their affairs will be handled correctly after they are gone.

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First-Party and Third-Party Special Needs Trusts: What Is the Difference?

 Posted on February 02, 2023 in Estate Planning

Dallas Special Needs Trusts Attorney

When you are creating an estate plan, it is important to understand all the options available. Some of the most important considerations you may face may be related to how you can provide for a person with special needs. However, different issues may need to be addressed depending on whether a person has resources available to them or whether you are putting solutions in place to provide assistance to a loved one with a disability. While special needs trusts can be beneficial in these situations, it is important to understand the differences between first-party and third-party special needs trusts.

The primary benefit of a special needs trust (SNT) is that it provides assistance for a beneficiary who has a disability or other special needs without impacting their eligibility for government benefits. Since assets placed into a trust are not owned by the beneficiary and are not considered to be among their available resources, these assets will not affect their ability to apply for or receive benefits such as Supplemental Security Income (SSI) or Medicaid. A third party known as a trustee will manage the assets in the trust and ensure that they are used for approved purposes. This can help the person meet their ongoing needs and provide them with resources they can use in their daily lives.

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What Is the Difference Between a Will and a Living Will?

 Posted on January 24, 2023 in Estate Planning

Dallas Estate Planning AttorneyCreating an estate plan is an important step in ensuring that your wishes are known and respected, no matter what may happen in the future. An estate plan may contain multiple different types of documents, including a will and a living will. Both documents play an important role in making sure that your wishes are carried out correctly. However, there are key differences between them that must be taken into account when planning for the future.

What Is a Will?

A last will and testament is a legally binding document that states who will inherit your assets after you pass away. It will also name an executor who will be responsible for carrying out your wishes, and if necessary, you may appoint a guardian for your minor children. Your executor will also be responsible for settling your debts and any other monetary obligations. While your will can be amended at any time while you are alive, it will only take effect upon your death.

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Is Limited Guardianship Available for Adults in Texas?

 Posted on December 18, 2022 in Guardianship

dallas guardianship lawyerThere are many situations where elderly or disabled people may need help during their daily lives, and a family may believe that guardianship is appropriate. However, a person may be concerned about giving up control over their life, and they may want to be able to continue to make certain decisions for themselves. In these situations, a family may want to consider whether a limited guardianship will be appropriate or whether other options will be available. By working with an elder law attorney, a family can determine their best options and put solutions in place to ensure that an elderly or disabled family member's needs will be met.

What Is Limited Guardianship?

In a limited guardianship, the court will appoint someone to make decisions about specific aspects of the ward's life, such as their finances or healthcare. Notably, Texas law states that when a guardian will have limited authority over a ward, the guardianship should be designed in a way that will encourage the ward to develop or maintain self-reliance as much as possible so that they can independently meet their own needs. Unless there is reason to believe otherwise, it is presumed that a person will retain the capacity to make decisions about where they will live.

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