Q. My father signed a durable power of attorney a few years back, making it effective only in the event he later became unable to handle his own financial affairs. Sadly, I think that time has come. How do I activate it so that I, whom he designated as his agent, can now act for… Read More »
Posts Categorized: Incapacity Planning
New Medi-Cal Rules: Return of the Asset Cap in 2026
Q. You recently wrote an article advising that Governor Newsom was proposing a return to the former asset cap of $2,000 for those older individuals seeking to qualify for Medi-Cal. Has there been any decision on this? A. Yes, indeed! And the news is not as bad as many of us feared. A little background… Read More »
Legal Steps After a Dementia Diagnosis
Q. My husband was just diagnosed with Alzheimer’s, but still seems to be generally okay. Are there legal steps we should take by way of planning for the future? A. Yes. Once you or loved one has been diagnosed with Alzheimer’s or other cognitive impairment, it is important to take action to get your affairs… Read More »
Planning Your Estate When Your Spouse Has Dementia
Q. My husband and I have put off doing our estate planning, and now he has dementia and his doctor is concerned about him signing legal documents. He is 5 years older than me and also has some other health issues. We have a home and some financial accounts, and all our assets are held… Read More »
UNMARRIED PARTNERS SHOULD GIVE ESTATE PLANNING TOP PRIORITY
Q. My partner and I have been in a Non-Marital relationship for approximately 12 years. Unfortunately, she is showing signs of early dementia, and her children from her former marriage are trying to take over her financial and personal life in a manner which is not in her best interest. We do not have anything… Read More »
Financial Help for Care at Home: the IHSS Program
Q. I recall reading your article some time back about seeking benefits for care in the home, but I did not save it. Could you address the issue again? Our 92 year-old mother is frail but wishes to remain at home. She has limited financial resources, so my sister is living with her and providing… Read More »
How to Increase the Chance that Your Power Of Attorney Will Be Honored
Q. I have heard friends complain that their parent’s financial Power of Attorney document was not honored by their parent’s own bank. Is there a way to avoid this? A. Unfortunately, we hear that complaint from time to time. While there may be no way to draft a power of attorney that completely eliminate the… Read More »
How To Assist Physically Impaired Persons Sign Legal Documents
Q. My wife suffered a stroke and is essentially paralyzed. However, her mind is sharp. I need her to sign a Power Of Attorney so that I can take care of our financial affairs. Is there any way to do this? A. Yes. Where a person has sufficient mental capacity to understand the nature of the document… Read More »
Include Flexibility In Your Trust To Handle Change
Q. My husband and I are concerned about how to keep our trust up to date in light of changing tax law and changing family circumstances. What if we are too ill to make changes ourselves when needed. Any thoughts on how we can handle these concerns? A. Yes. With the ever-changing tax landscape, and… Read More »
As POA for Dad, Can I Make Gifts On His Behalf?
Q. My father signed a Power Of Attorney some years ago, naming me as his agent. The POA is effective upon Dad’s incapacity, which I believe has arrived . Some family members could use some financial help. Would it be legal for me to make gifts to them from his assets using the POA? Can… Read More »