Category Archives: Power of Attorney

The Elderly are at Risk – Even in the Courts

Gene Richards_8x10@300It’s a travesty when the court process designed to protect seniors is manipulated by unscrupulous professionals for personal profit. Without immediate, aggressive advocacy a person can be stripped of all legal rights in less than 30 minutes at a court hearing. Admittedly, it is appropriate for a judge to appoint a conservator or guardian if an individual cannot make decisions or needs to be protected, but it should only happen when absolutely necessary. Please click on the link below to read an article regarding an extreme case of systemic abuse of the probate process.

The Elderly are at Risk – Even in the Courts

Be an effective advocate for your spouse or parent by:

  • Evaluating other options before petitioning to appoint a guardian or conservator
  • Hiring a lawyer immediately
  • Speaking to the court appointed investigator
  • Attending all hearings
  • Working out differences with family members – before going to court
  • Encouraging your parent(s) to designate in advance who they want as guardian or conservator (In Michigan, this can be done in a durable power of attorney.)

The elder law and probate attorneys at Cummings, McClorey, Davis & Acho, P.L.C. are available to counsel on the pros and cons of pursuing (or defending against) appointment of a guardian or conservator in the Michigan probate courts.  We also go to court on behalf our clients and advocate aggressively for the right results.  Contact our office for a consultation about your situation at (734) 261-2400 or nrichards@cmda-law.com.

CAREGIVER EXPO – A Must For Caregivers!

Caregivers – Don’t miss out!  Take advantage of the  “Solutions for Family Caregivers Expo” tomorrow (Saturday, October 14) from 9 to 2 at the Suburban Collection Showplace located in Novi, MI.  This is a once-a-year event, and only every other year in Oakland county.

I will be there alongside Jim Schuster, Elder Law Attorney, for the afternoon session called “Elder Law Mini-Course for Caregivers.” Drop by our booth. I’d love to see you and personally give you resource materials that will help you be a more informed and effective caregiver.

At no charge, you have access to many experts in seminars on topics such as: maximizing Medicare benefits, caregiver health, hospice, protecting assets, dealing with dementia, grief recovery, getting quality medical care, and elder law.  You’ll also have access to an exhibit hall stuffed with businesses providing support services to caregivers.  Thousands will attend this event.

Here’s the link for more information about the breakout sessions, times and directions: Caregiver Expo

 

I hope to see you tomorrow!

Virtual Currency Shouldn’t be Overlooked when Putting Together Estate Planning Documents

Gene Richards_8x10@300Virtual currency may not show up in portfolios of many senior adults, but it shouldn’t be overlooked when putting together wills, trusts and powers of attorney. Not surprisingly, a national survey on consumer use of virtual currencies found that among those 65 or older, 75 percent said they were “very unlikely” to purchase Bitcoins. However, some seniors are trendy and tech savvy and might have a virtual currency “wallet.” Here’s a well written blog article on the importance of addressing bitcoin and other virtual currencies in the estate planning process. I’ll add that it is also critical to identify all assets and resources when trying to qualify for Medicaid and VA assistance to pay for long-term care.  Without adequate planning a legal representative, whether agent under power of attorney, personal representative (a/k/a executor) of a will, or trustee of a trust will have difficulty dealing with unique property, such as virtual currency, if the owner is incapacitated or has died.

The elder law and estate planning attorneys at Cummings, McClorey, Davis & Acho, P.L.C. (CMDA) regularly assist clients in planning with unique assets, such as virtual currency.  Even if it is too late to plan, the CMDA attorneys can still help by petitioning for the appointment a conservator in the local probate courts.  Gene Richards may be reached at (734) 261-2400 or nrichards@cmda-law.com. 

Property and Health Care Decision-Making Agents for MS Client

Video 4 ImageWe want to share a series of videos (5 total) that demonstrate how Elder Law attorneys can help those with MS.  The forth video focuses on Property and Health Care Decision-Making Agents.  When an individual is diagnosed with MS, preparing for medical and financial decision-making by other people is a necessity. The video outlines what legal documents must be in place to ensure wishes regarding financial management and healthcare will be honored.

These videos were produced through the collaborative efforts of the National Academy of Elder Law Attorneys (NAELA), the National Multiple Sclerosis Society, and Stetson University College of Law.  The videos will be posted on successive days.  Or you can go directly here to watch them all at once.

The elder law team at CMDA is experienced in helping vulnerable clients of every age.  We are available to assist younger individuals dealing with a disability or debilitating illness such as MS.  We help our clients maintain quality of life and preserving independence for as long as possible. We hope you find value from these videos.  We also welcome your feedback.  Contact Gene at CMDA’s Livonia office by calling (734) 261-2400 or by email at nrichards@cmda-law.com.

Panel Discussion on Understanding Long Term Care Needs to be held April 20

Gene Richards_8x10@300On Thursday, April 20th Norman E. Richards (Gene), a partner in our Livonia office, will join other elder law experts to present a panel discussion on Understanding Long Term Care Needs.  The seminar will be held at Waltonwood Cherry Hill in Canton and is open to the public.  For more information, please click here.

Norman E. Richards (Gene) focuses his practice on estate planning and elder law.  He assists clients with the development of customized estate plans to address their specific needs, including family owned businesses, senior adults concerned about long term care needs, and special needs trusts for children with special needs.  He may be reached at (734) 261-2400 or nrichards@cmda-law.com.

Estate Planning: A Continuous Process

Living Trust and Estate Plan ImageEstate planning is a continuous process and estate plan documents should be reviewed at least every decade and upon any major changes in lifestyle or family structure.

A basic estate plan includes a Will, a Medical Power of Attorney, and a Durable General Power of Attorney for financial matters.

A Will addresses the distribution of assets, paying debts and taxes, and providing guardians and conservators for any minor children.

Read more