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Understanding Adult Guardianships

Estate planning, elder law, estate administration, trusts

Understanding Adult Guardianship: When and How It Works

As we navigate through life, the possibility of becoming incapacitated—whether due to illness, injury, or cognitive decline—can raise important questions about how our affairs will be managed. If such a situation arises and you can no longer handle your own affairs, there are two primary avenues through which someone else can legally act on your behalf: a Power of Attorney or a court-appointed guardianship. Understanding these options is crucial for effective planning and ensuring that your wishes are respected.

Power of Attorney: A Private Solution

A Power of Attorney (POA) is...

The Critical Importance of the Original Will

Estate planning, elder law, estate administration, trusts

Estate planning includes creating important legal documents to ensure your wishes are carried out after your death. While copies of most estate planning documents are commonly acceptable, the Last Will and Testament stands out as a unique document that always requires the original at the time of death.

Why is Finding the Original Will So Important?

Unlike many other estate planning documents where copies suffice, the original Will carries significant legal weight in probate courts. Most jurisdictions require the original Will for probate proceedings and having the original Will readily available can speed up the start of the probate...

Freeze Your Credit: A Fraud Prevention Strategy

Estate planning, elder law, estate administration, trusts

In an age where data breaches and identity theft are increasingly common, many individuals are seeking ways to safeguard their financial identity. One powerful tool in this fight against fraud is the credit freeze. This article will explain what a credit freeze is, how to implement one, and why it's an essential consideration for anyone concerned about financial security.

What is a Credit Freeze?

A credit freeze, also known as a security freeze, is a free tool that allows you to restrict access to your credit report. When you freeze your credit, you prevent potential creditors from accessing your credit report, making it much more...

Celebrating National Senior Citizens Day: Staying Connected with the Seniors in Your Life

Estate planning, elder law, estate administration, trusts

Celebrating National Senior Citizens Day: Staying Connected with the Seniors in Your Life

National Senior Citizens Day is a wonderful opportunity to honor and appreciate the seniors who have enriched our lives with their wisdom and experience. As we celebrate this special day, it’s important to remember that maintaining strong connections with our elderly loved ones can profoundly impact their well-being and happiness. Here are a few simple yet meaningful ways to stay connected with the seniors in your life, ensuring they feel valued and loved.

First, make time for regular phone or video calls. While in-person visits might not always b...

Choosing A Live-In Caregiver: A Loving Step Towards Quality Care

Estate planning, elder law, estate administration, trusts

Taking the step to find a live-in caregiver for your aging parent can be one of the most loving and difficult decisions you make. It’s a journey filled with emotions, but ensuring they have the best care and companionship is invaluable. Here are some tips to help guide you through this process. If you have questions about finding the right live-in caregiver, give Private Caregiver Solutions a call at 888-997-2345.

  1. Acknowledge the Need: Recognizing when your parent needs more help than you can provide is the first step. It’s okay to seek help; their well-being is a priority.
  2. Involve Your Parent: Include your parent in the dec...

Changes Are Coming to How You Access Social Security’s Online Services

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Changes Are Coming to How You Access Social Security’s Online Services

July 12, 2024 • By Dawn Bystry, Associate Commissioner, Office of Strategic and Digital Communications

We’re making changes to the way you access Social Security’s online services, including your personal my Social Security account. The changes will simplify your sign-in experience and align with federal authentication standards. At the same time, we’re continuing to provide safe and secure access to our online services.

If you created your my Social Security account before September 18, 2021, you will still be able to use your username and password to...

DNR, DMOST, and AHCD: Understanding Medical Directives

Estate planning, elder law, estate administration, trusts

DNR, DMOST, and AHCD: Understanding Medical Directives

Most people are familiar with common estate planning documents like Wills, Trusts, and Powers of Attorney. However, there are other crucial documents that should be part of your comprehensive estate plan. This article focuses on three frequently used, yet often confused, documents related to your healthcare decisions: the Do Not Resuscitate (DNR) Order; the Delaware Medical Order for Scope of Treatment (DMOST); and the Advance Health Care Directive (AHCD).

These documents allow you to express your healthcare preferences in advance. Should you become incapacitated or unable to...

The Crucial Role of Ongoing Estate Planning

Estate planning, elder law, estate administration, trusts

Navigating Retirement: The Crucial Role of Ongoing Estate Planning

A client recently told us that years ago when she envisioned retirement, she only predicted the fun. She didn’t expect the work. She was observing that as an older adult she’s still in constant motion managing her changing health and making proactive legal and financial decisions. 

As you embark on your retirement journey, it's easy to focus on leisure. However, one aspect that deserves continuous attention is estate planning. Far from being a one-time task, estate planning should be an ongoing process throughout your life. Seeking professional estate planning advi...

PWW Summer 2024 Reading List

Estate planning, elder law, estate administration, trusts

Several of our team members love to spend their free time reading, and one of the best parts of reading a good book is sharing it with a friend! We’ve compiled a list of books that our team members have enjoyed recently, and we hope you find a few titles to add to your to-be read list.

Hide and Seek, Mary Burton

A Stranger in the House, Shari Lapena

The Things We Do for Love, Kristin Hannah

Confessions on the 7:45, Lisa Unger

Before We Were Innocent, Ella Berman

The Lost Girls of Paris, Pam Jenoff

One Step Too Far, Lisa Gardner

The Bone Hacker, Kathy Reichs

After That Night, Karin Slaughter

Remarkably Bright Creatures, by S...

Long Term Care Planning: Encourage Early Action

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Discussing and planning for long-term care needs with aging parents can be a sensitive and emotional topic for many families. However, it's crucial to address this issue proactively to ensure that your parents' wishes are respected, their assets are protected, and their independence is maintained for as long as possible. Here are some strategies that may help overcome the guilt and encourage early action:

1. Reframe the conversation: Instead of viewing it as a negative development, present long-term care planning as an opportunity to honor your parents' autonomy and ensure that their preferences are followed. Emphasize that early...

Create Advance Health Care Directives with Elder Law Attorneys

Elder Law, Estate Planning, Estate Administration, Will, Trust, Power of Attorney

As you get older, it's important to have plans in place for your future medical care in case you become unable to make decisions for yourself. An Advance Health Care Directive (AHCD), sometimes called a living will, allows you to legally spell out your wishes for end-of-life care. While you can share this document with your medical providers, there are several key reasons to create your AHCD with the guidance of an experienced elder law attorney.

An Elder Law Attorney Is a Legal Expert

Your doctor is an expert when it comes to medical care and treatment options. However, they are not trained legal professionals. Elder law attorneys...

Don't Forget About Your Personal Possessions

Elder Law, Estate Planning, Estate Administration, Will, Trust, Power of Attorney

When people think about estate planning, they often focus on distributing their money, investments, and real estate after they're gone. An often overlooked aspect of estate planning is making arrangements for your personal possessions. While your personal belongings may not have the same monetary value as other assets, they can carry tremendous sentimental value for your loved ones.

From photo albums and keepsakes to furniture, jewelry, art, and collectibles - your personal property represents memories, connections to family heritage, and pieces of your life's story. Without proper estate planning, deciding what happens to these items...

Peninsula Orthopaedic Associates Welcomes Premier Orthopaedic Bone & Joint

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PENINSULA ORTHOPAEDIC ASSOCIATES WELCOMES PREMIER ORTHOPAEDIC BONE & JOINT

Peninsula Orthopaedic Associates expands orthopaedic services into Sussex County, Delaware with the addition of Premier Orthopaedic Bone & Joint.

Peninsula Orthopaedic Associates (POA) is a multi-specialty orthopaedic practice that has been offering communities across the Delmarva Peninsula an expansive continuum of orthopaedic services since 1952. With offices in Ocean Pines and Salisbury, Maryland and Millsboro and Seaford, Delaware, POA provides a broad spectrum of advanced surgical and non-surgical orthopaedic treatments including, foot and ankle, hand,...

What Do You Have to Lose?

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What Do You Have to Lose? Contributed by: Laura McCreary, Estate Planning Department Manager

Many clients come to us interested in planning ahead for the possibility of needing long-term care in the future. Their interest in this type of planning is related to the fear of long-term care costs. One of the pre-planning tools we use is the Irrevocable Asset Protection Trust. When this trust is used correctly, it allows assets inside the trust to be protected from the cost of long-term care. This trust is designed by the client, also known as Grantor, and managed by the person(s) the client designates as Trustee(s). In short, the mechanics...

Social Security Office Move (Lewes to Georgetown)

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Published by the Social Security Administration on April 5, 2024

Shared by Matthew Baxter, Public Affairs Specialist

The Social Security office at 12001 Old Vine Boulevard, Lewes, DE 19958, will relocate to 17 Georgetown Plaza, Georgetown, DE 19947. Services at the current location will be available by appointment only through 4 p.m. on Friday, April 12, 2024.

Beginning Monday April 15, 2024, all services previously provided at the Old Vine Boulevard address will now be available at 17 Georgetown Plaza. Please direct all correspondence to the new postal address: Social Security Administration, 17 Georgeotwn Plaza, Georgetown DE...

Paradise Senior Living

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Shared by: Beverly Gray-Mears, Owner, Paradise Senior Living

Paradise Senior Living is a welcoming, one-story home on Paradise Road, outside Georgetown. Designed as a long-term and respite stay facility, Paradise is licensed as a Family Care Home.

Paradise is a home - just like yours. Paradise Senior Living provides housekeeping, home-style dining, laundry service, personal care, medication assistance and activities. A live-in caregiver provides companionship and care and is on-site 24 hours a day. In addition, a nurse is on-call 24 hours a day. Paradise Senior Living provides care at all levels. Services such as transportation,...

Should I Store My Estate Planning Documents in a Safe Deposit Box?

EstatePlanningElderLawSeafordLewes

A common question with no wrong answer. Let’s explore a few things to consider before you decide the best place to store your important documents.

Safe deposit boxes were first introduced in the mid-19th century and provided a unique solution for families in need of a safe place to store their valuables. The traditional service continues but with limitations.

The number of available safe deposit boxes has been steadily decreasing over the last several years. Some institutions have transitioned to virtual work and transactions. Others who have built new construction branches in recent years didn’t build that feature within their new wor...

Miller Trusts

Elder Law Estate Planning Estate Administration

Miller Trusts, formally known as Qualified Income Trusts, are used when a person has applied for Medicaid benefits, but they are not eligible because his/her income exceeds the Medicaid limit. Miller Trusts are not preplanning tools. They are legal documents created at the time a person applies for Medicaid to satisfy the income eligibility rules. Read on to learn more!

 

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Estate Planning for Digital Assets

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This year marks my 27th year as a lawyer. When I reflect on what’s changed the most during my career it’s easy to know it’s the use of technology. As a new lawyer, when I needed to draft a document, I dictated onto a cassette tape which was then transcribed by one of the ladies in the typing pool. Now, 27 years later, I’m sitting outside using the hotspot on my phone to connect to my firm’s cloud-based server and typing this article on my laptop.

Technology has not only changed how I practice law, but also the substance of my practice. When we talk to clients about their assets, we’re no longer focused on just their real estate ...

Paula Deen's Crockpot Potato Soup

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Do you have a stash of quick, crowd pleasing recipes? The recipe below makes the list. Squeeze it into your menu during days of 'soup weather.'

Paula Deen's Crockpot Potato Soup www.stockpilingmoms.com

Ingredients 1 - 30oz bag of frozen southern style hash-brown potatoes 1/3 cup chopped onion 1/4 teaspoon ground black pepper 2 - 14.5oz cans of chicken or vegetable broth 1 can cream of chicken or cream of celery soup 1 package softened cream cheese Optional: shredded cheese for serving

Directions Combine all the ingredients, except for the cream cheese and shredded cheese, in a large crock pot. Mix well and cook on low for 6-8 hours (or...

What is a Continuing Care Retirement Community?

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A Continuing Care Retirement Community, also known as a CCRC, is a retirement community that provides a continuum of care which includes independent living, assisted living, memory care for individuals struggling with cognitive disabilities and/or skilled nursing care. These levels of care are typically in one building and/or on one campus. The general concept is a retiree can move into a CCRC and any future medical aging needs can be met on one campus. This truly allows aging in place.

It is not uncommon for the community to have a residency process and requirements. Potential residents may need to disclose financial and medical...

Top Five Reasons to Update Your Estate Plan upon Moving to Delaware

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Reason No. 1: Revocable Living Trusts

Many people have estate planning goals that cannot be accomplished through a Will alone.

In Delaware, proper use of a Revocable Living Trust provides many benefits: • Overall, it avoids the time, paperwork, and expense of probate. • It eliminates many filing fees and the closing cost fee, which is 1.25% in Sussex County and 1.75% in Kent and New Castle Counties. • It provides increased privacy because its terms are never made public and no newspaper advertisement is required. • It eliminates delays in final distributions to the named beneficiaries.

The maker of a Revocable Living Trust maint...

The Top 10 Reasons You Need a Professional Patient Advocate by Your Side

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The Top 10 Reasons You Need a Professional Patient Advocate by Your Side

Introduction:
Navigating the healthcare system can be complex and overwhelming, especially during times of illness or medical crisis. That's where a professional patient advocate can make all the difference. In this article, we will explore the top 10 reasons why having a patient advocate by your side is essential for ensuring the best possible outcomes for your healthcare journey.

1. Expert Guidance:
A professional patient advocate is well-versed in the intricacies of the healthcare system. They have the knowledge and experience to guide you through complex...

Writing an Obituary

elderlawestateplanningdelaware

In the traditional sense, an obituary is a shared announcement that summarizes the life of someone that has died. It can be straightforward with details on the funeral or memorial services, and the familial relationships of the decedent, or colorfully written in a way that captures the personality of someone who mattered to you. Either way, an obituary is a story. A factual account that becomes part of the archives.

Prior to the internet, most people went to the back of the newspaper, near the classified ads, to find the obituary section. Today, we consume news and current events in radically different ways so you might wonder if an...