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There are three planning documents that you need to have in place in case something happens that renders you unable to make your own health care decisions. These documents are: Health Care Power of Attorney; HIPAA authorization; and Living Will. A Health Care Power of Attorney allows you to name whomever you want to make health care decisions if you become incapable of making decisions yourself. The health care decisions that may be made for you can range from routine medical treatment to end-of-life decisions such as the withdrawal of procedures that artificially prolong life. A federal law known as […]

If you suspect that your child lacks the ability to make sound financial decisions, one solution is to leave their inheritance in a trust and appoint a trustee to make financial decisions on their behalf.A trust allows you to appoint a trusted individual (called a trustee) to manage your child’s inheritance. The trustee can be anyone from a family member or friend to a hired professional trustee, such as a bank. The trustee has the authority and responsibility to manage the trust assets and make distributions in accordance with criteria selected by you. A trust can be established during your lifetime […]

Even as public restrictions are being lifted, employers continue to deal with COVID-19 issues in the workplace.  In the Summer of 2020, the issues faced by many employers were working remotely and how to handle the paid leave provisions of the FFCRA.  Now, as the spread of COVID-19 continues to slow and vaccines have been developed, employers are facing new issues.  The primary issues facing employers as we come out of the COVID-19 haze is the ability of an employer to require employees to be vaccinated and the best advice about masks.  In May the CDC issued new guidance on […]

For more than a year, the COVID-19 has impacted all businesses.  Amid the recent vaccine efficacy and a nationwide decrease in COVID-19 cases, much of society seems to be inching closer to what was once considered “business as usual.” Nevertheless, assorted sets of guidelines on mask requirements have left many businesses and workplaces unsure as to whether or not mask requirements will remain a part of “business as usual” in the wake of the recent pandemic.For Indiana businesses and residents, more than a month ago, on April 6, 2021, Governor Holcomb ended the State’s mask mandate.  Most Indiana counties followed […]

I meet with many clients every year who wish to plan for their after-death gifting. The gifting of assets using a Last Will and Testament is responsible and essential, but it does not go far enough. What about your family’s emotional well-being? Do you need an Emotional Will?An Emotional Will is not a legal document, and not even a single document at all. It is a way of thinking about the emotional and practical challenges your family will face after you are gone and then preparing to ease those challenges. For example, your legal and financial documents should be updated […]

Q:        What is all this talk about “the loss of a step up in basis”; and, why is it so important?A:        The loss of a step up in basis relates to the state and federal (long-term) capital gains tax; and, it can potentially have quite a lot to do with estate planning.  In Indiana, this tax is at 3.23%, but for most people, the federal capital gains tax is 15% (0% if you make less than $40,000 and 20% if you make more than $445,850).  These rates are applied to real property you own that increases in value […]

The first and best alternative to guardianship is good planning. If possible, appoint a Health Care Representative and Durable Power of Attorney well before you ever need help with medical or financial decisions. If making those appointments is no longer an option, Indiana now endorses the use of lesser restrictive alternatives prior to the appointment of a guardian. Those alternatives include but are not limited to, the entry of a supported decision-making agreement; technological assistance; appointment of a representative payee; appointment of a health care representative; or a power of attorney. The goal of any lesser restrictive alternative is to […]

The answer is:  Now!  It is never too early to start planning for nursing home care.  Even young married couples or individuals should start planning. Accidents or the sudden onset of serious incapacitating health problems afflict even the young and may require nursing home care.  For the young, married, or single, it is important to plan for possible nursing home stays by having in place proper powers of attorney for financial matters and health care, and perhaps, by also investing in long-term care insurance.  With seniors, long-term care insurance may not be an option either due to its cost or […]

Q:  What are my next steps, from a legal perspective, once there is a diagnosis of dementia?A:  The first thing to do is to schedule an appointment with an elder law attorney.  Most likely that attorney will provide you a questionnaire that you fill out which answers questions about you, your family, and your finances.  A meeting will then be scheduled and the attorney will likely help you work through making decisions about who will assist you with your healthcare decisions and your finances as your disease progresses.  Once those decisions are made legal documents called a Power of Attorney […]

Q:  Will you please elaborate on the definition, purposes, and protocols attributable to Powers of Attorney documents?A:  The term “power of attorney” becomes more understandable if you bear in mind that “attorney” originally meant “one who was appointed” or “turned to” to officially represent the appointer.  This referred to a private person with no special legal ability and was distinguished from an “attorney at law,” who is a certified legal expert.  Nowadays, a “power of attorney” refers to a legal document in which Person A (the “Principal”) appoints Person B to legally act in the name of Person A to […]