When a person is mentally incapacitated, it is important to have a power of attorney already in place in order to take care of his or her affairs. There are many tasks, such as banking, bill paying, and creating other legal documents, that have to...
Building Flexibility into the Estate Plan Formula Clauses: “Disclaimer Funded Credit Shelter Trust” The most flexible trusts include the “Disclaimer Funded Credit Shelter Trust” and the “Clayton Trust.” The discussion below explains the benefits of each trust. Disclaimer Funded Credit Shelter Trust: With a disclaimer funded Credit Shelter...
Strategy for Asset Protection: Inter Vivos (Lifetime) QTIP Trusts: For married couples who are concerned with asset protection, non reciprocal inter vivos QTIP trusts may be considered. Using this planning technique, each spouse creates and funds an inter vivos QTIP trust for the benefit of the...
Una de las primeras preguntas que el cliente en prospecto, me hace en relación al tema de la crisis de derecho de los ancianos, como consulta es, “Cuan pronto puedo yo calificar para Medicaid?” La repuesta a esta pregunta, depende de los hechos del caso. Para...
The following audio presentation was recorded at the Elder Law Section of The Florida Bar’s “Essentials of Elder Law” program in Orlando, Florida on January 15, 2015. This program was presented to Elder Law Attorneys seeking a solid background on the most important areas of...
Choosing a Health Care Surrogate (HCS) is a critical part of a client’s estate plan, since the person that the client is appointing may determine his or her future healthcare needs. However, most clients concentrate on their wills or trusts and spend very little time...
Part One Establishing a Self-Settled Special Needs Trust Is Easier Said Than Done: A Two-Step Process Under the POMS, the resource counting provisions of Section 1613(e) do not apply to a trust: 1. Which contains the assets of a disabled individual under 65 years of age: 2. Which is established...
Miami Elder law is a specialty of law that addresses the rights of the elderly. It is a broad area of law that encompasses many distinct specialties. National and State Certification exams require an understanding of almost twenty areas of law. Some of these specialties...
Leonard E. Mondschein, Chair of The National Academy of Elder Law Attorney's Practice Development/Practice Management Section organized and helped present a one-half day program at the 2012 NAELA D.C. Conference on November 8, 2012, entitiled "Advancing Your Practice." This program was attended by almost 100...
“If you don’t like people, you can’t be an elder law attorney,” says Leonard Mondschein, immediate past chairman of the Elder Law Section of the Florida Bar. He notes his field is “its own area of law, with its own regulations,” and that the regulations applying...