Valuable Benefits that Often Go Unused by Our Country’s Veterans
This blog post was originally published in 2019 and has been updated to include the most current information.
Our country’s veterans selflessly sacrificed in service of others, but whether due to pride or lack of knowledge, many don’t take advantage of the help available to them after leaving the military. There are many valuable benefits available to veterans—from tuition to long-term care assistance—that often go unused. Many of those who are eligible are unaware that certain benefits exist. Others whose eligibility is uncertain don’t realize that an attorney can help them obtain the benefits they’ve earned. Read More ›
Categories: Elder Law, VA Aid & Attendance
Estate Planning for New and Aging Parents
Many life events will prompt people to consider estate planning to protect their assets and family. Many will rush to an attorney before they travel (especially far), start a business, or complete a messy estate administration for a senior parent. An even more common event that triggers clients to prepare an estate plan is when they become new parents, or their aging parent’s guardian. Abandoning their lives of adventure and no longer living recklessly, they sell their motorcycles, stop hang gliding, and plan a family. Young couples often meet with an attorney to discuss their new family’s needs, and to create an estate plan to support themselves and their family. Read More ›
Categories: Elder Law, Estate Planning, HIPAA
A Look at Conservatorships in Wake of Britney Spears Case
Britney Spears’ 13-year old conservatorship is making headlines once again after a judge denied a 2020 request to remove Ms. Spears’ father as conservator of her finances. Ms. Spears delivered an emotional testimony at the hearing and indicated she may soon petition the court to end the conservatorship altogether. The resurgence of the #FreeBritney movement is a good opportunity to discuss the legality of conservatorships and how attorneys can help. Read More ›
Categories: Elder Law, Estate Planning
Time to Give Up the Keys? A Guide to Seniors and Driving
According to Michigan.gov, Michigan has over 1.2 million drivers that are age 65 and older. By 2025, it is expected that one in five drivers will be 65 and older. This is a trend that is sweeping across the country with more older drivers on the road than ever before. A person's ability to drive can mean everything to them; it serves not just as a means of getting from Point A to Point B, but it also represents their independence and personal freedom.
However data shows that driving gets riskier with age and while old age alone is not a reason to stop driving, a number of physical and mental conditions, such as dementia and vision/hearing impairment, can lead to an unsafe driver getting behind the wheel and possibly hurting themselves or others. So at one point does it become obvious that a senior driver must be told to give up the keys? Read More ›
Categories: Did you Know?, Elder Law
A Beginner’s Guide to Medicaid Planning
Please note that the information in the following blog post is meant to act only as a general guide. Medicaid is an extremely complex area and varies based on the individual. Your questions need to be addressed by an attorney with significant experience in the area prior to taking any action.
As we age and begin to need more assistance, we often hear the terms 'Medicare' and 'Medicaid' used interchangeably, but they are different on a number of fronts. Medicare is a federal program funded through tax payers and is based on age, although special circumstances such as certain disabilities, allow younger people to qualify. Medicaid is managed by individual states so the elements in the program can vary by region. Eligibility for Medicaid is based on income and resources available to the individual. Read More ›
Categories: Elder Law, Medicaid Planning, Medicare/Medicaid
Trending Scams Targeting Seniors in 2021
The COVID pandemic has and continues to take both a physical and mental toll on senior citizens. In addition to being the most vulnerable to the virus and having to endure long isolation periods from family and friends, the pandemic has also brought with it a whole new variety of frauds targeting older adults. Read More ›
Categories: Alerts and Updates, Cybersecurity, Elder Law, Medicare, Senior Exploitation & Abuse
How Should We Celebrate Elder Law Month?
With 2020 in the rear view mirror and 2021 well underway, the COVID-19 pandemic continues to generate urgency for elder law planning for those most at risk. May is National Elder Law Month which allows the opportunity to educate seniors in local communities about their legal options and places an emphasis on the importance of planning early to ensure their wishes are in a legally binding format. Read More ›
Categories: Elder Law, Estate Planning
Spotting and Stopping Elder Abuse by Those Exerting Undue Influence During COVID-19
From increased unemployment to social and political unrest, COVID-19 has had far-ranging consequences beyond the obvious public health crisis. One area that deserves more attention is the increasing threat of elder abuse by those exercising undue influence over isolated seniors during the pandemic. Read More ›
Categories: Elder Law, Senior Exploitation & Abuse
Dangers of DIY Estate Planning Emails
Over the past decade, there has been a rise in demand for Alternative Legal Service Providers (ALSPs). ALSPs are companies that provide legal services apart from the conventional paradigm of legal services and systems. They ultimately use legal technology in order to provide more efficient services in a faster span of time and with a drastically cheaper fee. Read More ›
Categories: Elder Law, Estate Planning, Senior Exploitation & Abuse
Spending Time with Loved Ones During the COVID Holiday Season
A year filled with many challenges, the end of 2020 draws near. We are, however, still far from being out of the woods. It would be a massive understatement to say that the last nine months of adapting to the "new normal" have been exhausting. Read More ›
Categories: Did you Know?
Survivor's Checklist:
Due to the shock of the death of a spouse or a loved one, the steps of what needs to be done first can be an overwhelming process for the survivor(s). To aid in the breakdown and to act as a tool amidst the emotional days ahead, estate planning Jonathan "Jay" David has assembled a "Survivor's Checklist" of some of the important things that need to be addressed when a spouse or loved one dies.
Resources and Support for Older Adults Living Alone: A Comprehensive Guide (2024):
Below is a comprehensive guide of resources for older adults living alone, empowering them to thrive independently and access essential services. This guide was created and provided with permission by the National Council on Aging (NCOA).
Resources and Support for Older Adults Living Alone: A Comprehensive Guide (2024) (ncoa.org)
Elder Organizer Tool:
Foster Swift has created a free ‘Elder Organizer’ digital notebook to provide seniors and their caretakers with a toolkit that helps organize doctors’ appointments, medications, and more that can be shared online. The tools below are also available on the Elder Law Resources page.
*For those trying to access these links by smartphone, it is best practice to copy/open the link in a separate tab and download the free Google Sheets app from Google Play or the Apple Store.
COVID-19 Checklist:
For adult children responsible for their elderly parents and other senior caretakers concerned about protecting loved ones as the COVID-19 pandemic continues, below is a free downloadable checklist of steps to follow to prepare for any possible COVID-19-related illnesses among the most-vulnerable.
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E-book Covers Estate Planning Essentials
Engaging in estate planning, while essential, is often emotional and generates many questions. How do I protect my spouse and my children if something happens to me? What happens if I become disabled before I pass on? Who will take care of my pet after I'm gone? How do I pass my business on to my children? These questions and more are addressed in Jonathan David’s recently updated e-book, “Estate Planning: You Have to Start in Order to Finish.”
Need Help Planning?
For more tools, visit our Elder Law Resource page for additional content. Click here to view/download the Foster Swift estate planning brochure to see what our experienced team of attorneys can do for you.