At various times during my life I have had the responsibility of helping an aging relative pay their bills and handle their investments. I have been authorized to perform this financial caregiving either as a trustee or as an agent acting under a power of attorney. I can testify from personal experience that helping another […]
New PA Laws of Interest to Older Adults
The ending of the 2017-2018 Pennsylvania Legislative session has resulted in the enactment of a flurry of new laws. Some may be of particular interest to seniors and their elder law attorneys. The new laws enacted in October include (click on the bill number to be taken to the underlying legislation): HB 270 – Act […]
What is an Adult Guardianship?
There are two primary types of adult guardians in Pennsylvania – a guardian of the person and a guardian of the estate. A guardian of the person is in charge of the health care decisions and living arrangements for of the individual. A guardian of the estate is in charge of the property management and […]
Power of Attorney and other Tools for Financial Management
As we age we know that there is a growing risk that an event may occur that will make us temporarily or permanently incapable of managing our own financial affairs. If that happens, someone will have to step in and take care of financial matters for us. Or we may just face a reduction in […]
Can a Court Revoke your Living Will or Health Care Power of Attorney?
If you have a living will or health care power of attorney, can a court overrule your instructions after you become incapacitated? That question was explored recently in a Pennsylvania appeals court case, In Re Border, 2013 PA Super 94 (PA Superior Court, April 23, 2013). Russell Border was a 62 year old resident of […]
Guardianship Law Addresses Jurisdictional Disputes
Guardianship proceedings to appoint a guardian for an incapacitated person often turn into battles between family members as to who will become the guardian. In many of these disputes, one child files a petition to be appointed guardian of the incapacitated parent in Pennsylvania, while the other child starts a proceeding in New Jersey. In the […]
Legal Tools for Medical & Financial Decision Making
Financial Management Tools THE FINANCIAL POWER OF ATTORNEY. The Financial Power of Attorney is an invaluable tool for incapacitated persons and their caregivers. Using a Financial Power of Attorney, a person (the “principal”) delegates decision making authority to a trusted family member or other agent. A Financial Power of Attorney allows your financial affairs to […]