Often people come into our offices in Oklahoma or Kansas asking about video wills. While a video will can play a role in your estate plan, they are not as useful as many people think. In fact, video wills are not legally recognized and must be used with caution. To explain why this is and why you might want a video will anyway, let us look at some important issues. What are Video Wills? You've probably seen video wills in movies or TV shows. Essentially, a video will is a video (or motion … [Read more...]
Understanding Estate Planning – What is a Medical Directive
A vital part of any estate plan created in Kansas or Oklahoma is the medical directive. Also known as advance directives, health care proxies, and by similar terminology, medical directives provide vital protections for you and your loved ones that other estate planning tools do not. Including the right directives in your plan and making sure that they accurately represent your wishes is one of the best steps to take to prepare for possible incapacitation. Medical Directives: Made in … [Read more...]
Britney Maynard’s Suicide Sparks Discussion of End-of-Life Issues
In early November, 29 year-old Brittany Maynard took her own life with the assistance of a lethal dose of medication prescribed by her doctor. Prior to her death Maynard had led a public discussion about the "right to die" movement questions about physician-assisted suicide, and allowed millions of Americans to begin discussing issues that are so often ignored or hidden. … [Read more...]
Successfully Navigating the Challenges of Alzheimer’s
An estimated 5.2 million people suffer from Alzheimer's Disease today. One of the most prevalent types of dementia, Alzheimer's can quickly become crippling, for both the individual and their loved ones. In this short video, listen in as Jerry Shiles, Elder Law attorney from Parman & Easterday, visits with two Geriatrics and Bereavement specialists, Moya Cazares-Sealy and Bill House, who focus on helping families navigate the challenges arising from Alzheimer's. Here they discuss the … [Read more...]
Care Management for the Elderly
As we get older, thinking about retirement and aging can raise many questions, both for the person getting older and their adult children. Most start with, “how am I going to pay for…” How are you going to pay for all the care you may need and what are all your care options? It’s important to think about care management, not just for financial reasons but to ensure you get the best care possible for yourself or a grandparent, mother or father who may need it. It’s never too early to get … [Read more...]
Survey: 61% Without Living Will
People have no problem planning ahead for many things, but for some reason estate planning and elder law issues are often placed on the back burner. Surveys consistently come back with results that are quite disturbing with regard to the estate planning preparedness of American adults. They say that death and taxes are the only certainties, but in spite of this the majority of people in the United States have not executed all the appropriate estate planning documents. … [Read more...]
Don’t Ignore Your Power of Attorney
First of all, let’s review what a Power of Attorney is: a tool that gives legal authority to another person (called the Agent or Attorney-in-Fact) to make property, financial, and other legal decisions for the Principal (the person who signs the Power of Attorney). The Power of Attorney is useful for when you go on long trips (such as an extended deployment if you are in the military) or if you know you will have a long hospital stay. A Durable Power of Attorney means it will remain … [Read more...]
Oklahoma Incapacity Planning FAQ: What Is a Living Will?
There are things to take into consideration beyond the transfer of financial assets when you are planning your estate. If you want to be comprehensively prepared you should consider the possibility of future incapacity. Oklahoma incapacity planning is going to involve the execution of documents called Advance Health Care Directives. One of these directives is a living will. … [Read more...]
Learn to Help Others Navigate the Issues of Alzheimer’s and Dementia
Did you know that 1 in 3 seniors dies with Alzheimer's or another dementia; it is the 6th leading cause of death in the United States - the only one out of the top ten with no methods of preventing or slowing it down; about 60% of family-caregivers are dying BEFORE the patient because of the 24/7 stress of taking care of their loved one; and in Oklahoma alone, the number of people who will suffer from Alzheimer's will double in the next ten years. … [Read more...]
Who Pays for Nursing Home Care?
Recently an elder law colleague related the following. His client was sued by a nursing home for nonpayment, claiming nearly $60,000 in unpaid services. The client had applied for Medicaid, but his application was denied and the case was on appeal. The problem was that the client’s daughter signed the nursing home admissions agreement for him, so now both of them were being sued. The daughter was his power of attorney and the nursing home knew this, but she didn’t sign "POA" … [Read more...]
