Nov
25
2015
0

Governor Brown Signs The End Of Life Options Bill

Governor Edmund G. Brown Jr. signed into law the AB-15 End of Life Options bill on October 5, 2015.  This is landmark legislation which allows patients who are terminally ill to receive lethal medications to end their lives at a time they choose. The law will become effective at a date to be announced during 2016. The bill ends with a sunset date of January 1, 2026, unless extended.

The bill states in part that “… an adult who meets certain qualifications, and who has been determined by his or her attending physician to be suffering from a terminal disease, as defined, to make a request for a drug prescribed pursuant to these provisions for the purpose of ending his or her life. The bill would establish the procedures for making these requests.”

In his signing statement, Governor Brown lamented that, “I do not know what I would do if I were dying in prolonged and excruciating pain. I am certain, however, that it would be a comfort to be able to consider the options afforded by this bill. And I won’t deny that right to others.”

For additional information please feel free to contact our office. This information is not to be taken as legal advice, and you are encouraged to see your elder law attorney. At the Law Offices of Michael J. Young, at 1931 San Miguel Dr., Ste. 220, Walnut Creek, CA www.WalnutCreekElderLaw, 925-256-0298, lawyoung1@gmail.com we practice Elder Law and we help Baby Boomers, Seniors and families through their Elder Care Journey. We help families with long-term care planning, asset-protection plans, comprehensive estate planning, wills, trusts and powers of attorney. We also help Baby Boomers and families get their “Ducks in a Row” in order help them qualify for Medi-Cal and the VA Aid & Attendance Improved Pension benefit.

Nov
23
2015
0

Watch Out For This Scam Regarding Recorded Deeds

As part of our estate and long-term care planning practice, we regularly prepare deeds for our clients. These deeds can for instance transfer real property into or out of trusts, or between individuals. We send the executed and acknowledged deeds to the recorder’s office along with the required preliminary change of ownership reports. Thereafter, within a fairly short period of time, we receive a confirmation of the recorded deed information from the recorder’s office. The original deed is thereafter returned to the client from the recorder’s office, which can take  several weeks.

Beware of companies that send an official looking notice to you in the mail, which requests a fee from you in exchange for them sending a copy of the recorded deed to you. These companies apparently comb the county records for recently recorded deeds, make copies of them, and then offer to send the deed to you for a fee. If you receive such a notice, do not pay the fee, and give our office a call. We will probably have the recording information by that time if you need it, and the original recorded deed will be sent to you from the recorder in good time, for no fee. Remember, you have already paid a fee to the recorder so that they would record the deed.

This information is not to be taken as legal advice, and you are encouraged to see your elder law attorney. At the Law Offices of Michael J. Young, at 1931 San Miguel Dr., Ste. 220, Walnut Creek, CA www.WalnutCreekElderLaw, 925-256-0298, lawyoung1@gmail.com we practice Elder Law and we help Baby Boomers, Seniors and families through their Elder Care Journey. We help families with long-term care planning, asset-protection plans, comprehensive estate planning, wills, trusts and powers of attorney. We also help Baby Boomers and families get their “Ducks in a Row” in order help them qualify for Medi-Cal and the VA Aid & Attendance Improved Pension benefit.

Nov
09
2015
0

Our Estate Plans Change As We Age

Most people I meet have a basic estate plan that is designed for younger people. The plan typically consists of a revocable living trust, pour over wills, financial durable powers of attorney, and health care directives. These plans were typically designed some years ago. The emphasis on that planning was to ensure that if the parents died, their children would be taken care of through resulting trusts that would be funded upon the passing of both parents. Trustees and guardians were appointed to take care of the children. The surviving spouse would be taken care of through the trust and with the purchase of life insurance that would take care of the surviving spouse and pay off the mortgage if one spouse died.

After the children grow up and move out, the emphasis for our planning changes. We begin to think about our health care needs as we grow older. We begin to wonder how we will be able to pay for the costs of in-home care, assisted living facilities, a board and care home and a possible nursing home stay. We also want to be able to protect our assets. Our estate plan that was created when we were younger is no longer adequate for us. Now that we are older, our estate plans should be converted to long term care plans, with the help of an elder law attorney. This planning takes into account qualifying for government benefits such as Medi-Cal, which can pay for a stay in a skilled nursing facility, and the VA Aid and Attendance Pension Benefit, which can help pay for in-home care or assisted living facility costs. This planning may also utilize a new kind of life insurance, which has a long term care rider. Instead of just paying a death benefit to your spouse or loved one when you die, the long term care rider can be utilized during your life to pay for  in-home care, assisted living facilities, a board and care home and a possible nursing home stay. This type of policy is much easier for the older client to qualify for than traditional long term care insurance. Moreover, we want a plan that will help to preserve our assets for as long a possible as we get older.

The modern developments in estate planning for the older client involve asset protection, and a plan to determine how an increased need for care will be paid for over time.

For additional information please feel free to contact our office. This information is not to be taken as legal advice, and you are encouraged to see your elder law attorney. At the Law Offices of Michael J. Young, at 1931 San Miguel Dr., Ste. 220, Walnut Creek, CA www.WalnutCreekElderLaw, 925-256-0298, lawyoung1@gmail.com we practice Elder Law and we help Baby Boomers, Seniors and families through their Elder Care Journey. We help families with long-term care planning, asset-protection plans, comprehensive estate planning, wills, trusts and powers of attorney. We also help Baby Boomers and families get their “Ducks in a Row” in order help them qualify for Medi-Cal and the VA Aid & Attendance Improved Pension benefit.

Powered by WordPress | Theme: Aeros 2.0 by TheBuckmaker.com