What Should I Ask, If My Mom Is in a Quarantined Facility

May 15, 2020
Bill O’Leary, Esq.
Elder Law, Estate Planning, Long-Term Care Planning

It can be frustrating and nerve-racking when you can't see a loved one face-to-face — a fact that so many family members with loved ones in assisted living or nursing home facilities are discovering during the coronavirus outbreak. To protect those who are most at risk of complications from the disease caused by the coronavirus, COVID-19, health officials have announced strict rules for some facilities with vulnerable older residents.

What Should I Know about Guardianship?

One of the key functions of the family law system is to ensure that children are looked after appropriately. This is the basis for the doctrine of legal guardianship.

How to Talk to a Parent Suffering from Alzheimer’s or Dementia during the Pandemic

We are at a critical time during the COVID-19 pandemic. While everyone is on edge, and being inundated with news headlines and new statistics, one population we should keep top of mind is our older friends and families, especially those with cognitive impairment, dementia and Alzheimer’s disease.

Am I Making One of the Five Common Estate Planning Mistakes?

May 6, 2020
Bill O’Leary, Esq.
Asset Protection, Elder Law, Estate Planning, Life Insurance, Long-Term Care Planning, Power of Attorney, Probate and Estate/Trust Administration

When is the last time you updated your will? Could your beneficiaries have changed? If you have a trust, did you actually fund it? Is your plan ready for the new SECURE Act? Here are five mistakes you don't want to make.

What are the Taxes on My IRA Withdrawal?

May 1, 2020
Bill O’Leary, Esq.
Asset Protection, Elder Law, Estate Planning, Life Insurance, Long-Term Care Planning, Power of Attorney, Probate and Estate/Trust Administration

How much you will pay in taxes on an individual retirement account (IRA) withdrawal, depends on the type of IRA, your age and the purpose of the withdrawal. Sometimes the answer is zero—you owe no taxes. In other cases, you owe income tax on the money you withdraw and sometimes an additional penalty if you withdraw funds before age 59½. On the other hand, after a certain age, you may be required to withdraw money and pay taxes on it.

C19 UPDATE: Should You Bring Mom Home from the Nursing Home Now?

April 30, 2020
Bill O’Leary, Esq.
Elder Law, Estate Planning, Guardianship, Long-Term Care Planning, Power of Attorney, Probate and Estate/Trust Administration

With the coronavirus moving through facilities that house older adults, families across the country are wondering “Should I bring Mom or Dad home?”

How Do I Protect Property If I Need Long-Term Care?

April 30, 2020
Bill O’Leary, Esq.
Asset Protection, Elder Law, Estate Planning, Life Insurance, Long-Term Care Planning, Power of Attorney, Probate and Estate/Trust Administration

Did you know that 70% of adults over the age of 65 are predicted to need some type of long-term care for an average length of three years? While thinking about your future, you’ve likely already planned financially, but have you considered your long-term care options?

Retirement Planning and Declining Abilities

April 29, 2020
Bill O’Leary, Esq.
Asset Protection, Elder Law, Estate Planning, Guardianship, Life Insurance, Long-Term Care Planning, Power of Attorney, Probate and Estate/Trust Administration

When a loved one is experiencing cognitive decline, emotional and medical considerations often overshadow the financial planning that needs to happen. This is a potentially costly mistake.

Requests for Estate Plans Reflect Fears about Coronavirus

April 28, 2020
Bill O’Leary, Esq.
Asset Protection, Business Planning, Estate Planning, Long-Term Care Planning, Power of Attorney, Probate and Estate/Trust Administration

Lawyers are being bombarded with requests to write wills, update estate plans and prepare health surrogate or "pull the plug" documents, as people are confronted by the realization that they could be diagnosed with COVID-19 and dead within days.

How Can I Be a Good Caregiver?

April 28, 2020
Bill O’Leary, Esq.
Elder Law, Estate Planning, Guardianship, Long-Term Care Planning, Power of Attorney, Probate and Estate/Trust Administration

Not everyone can afford to hire an in-home nurse or professional caregiver. Today, there are around 45.3 million unpaid, non-professional caregivers in the United States taking care of a loved one.