Lawyers

• Article - What to Expect from Your Trusts and Estates Attorney

  How to help your parent find and work with a trusts and estates attorney on wills, revocable trusts, and estate planning.

• Article - Who to Call When Your Parent Is Seriously Ill

  Three key players who can be a huge help in planning your parent's care.

• Checklist - 10 Things to Consider Including in a Will

  10 top issues for your parents to consider before writing their wills, including how to divide their property and who will receive it.

• Article - How to Deal With Theft by a Caregiver

  What you need to know to protect your parent from financial abuse and theft. Plus, what to do if a theft has occurred.

• Article - Power of Attorney for Finances: A Step-By-Step Guide

  This guide shows you how to set up a power of attorney, from figuring out if your parent actually needs one to choosing who will act as their agent.

• Article - Power of Attorney for Finances: A Beginner's Guide

  Power of attorney designates who handles financial affairs when your parent is incapacitated. This article covers the basics of power of attorney.

Blog Posts

• Blog Post - My brother won't share financial information about our dad's assets, and it's tearing the family apart.

  My brother has durable power of attorney for my dad...

• Blog Post - My mother gave power of attorney to her new husband, who is putting her life in danger. How can we get it away from him?

  My mother's new husband has power of attorney for her, but I feel he puts her life in danger. How can we get her to reappoint power of attorney?

• Blog Post - My mother is gambling away every last penny -- and her financial independence. What should I do?

  Since my father's death two years ago, my 75-year-old...

• Blog Post - I was the beneficiary of my mother's trust deposit until that was changed to her husband's name a couple of months before she died -- and I think it was done illegally.

  My mother moved from Orlando (where I live) to Miami...

• Blog Post - My sister's refusal to communicate with me about our father's care has brought back to mind years of mistreatment by her. What can I do?

  My sister is 14 years older than I am and has full...

• Blog Post - How can I stop my brother from taking power of attorney for my mother away from me?

  I'm having problems with my brother and his family...

• Blog Post - Should I be responsible for my father's funeral bill when he never paid child support for me?

  My parents have been divorced for more than 20 years...

• Blog Post - Should Family Members Who Provide Alzheimer's Care Be Paid?

  Paying family caregivers is controversial and has pitfalls to beware of if you go this route.

• Blog Post - How much say do I have in determining who is guardian over me and my affairs?

  Do I have any rights in determining my care and who...

Questions & Answers

• Question - Are powers of attorney different from state to state?

  Life -- and dealing with powers of attorney -- might not be as confusing if all state laws were identical. But they're not.

• Question - Can my parent give durable power of attorney for healthcare to one child, and durable power of attorney for finance to another?

  Can my parents give one child durable power of attorney for healthcare and one durable power of attorney for finances? Power of attorney can be split.

• Question - How do I get a power of attorney without my parent's signature?

  To prevent fraud and be sure that a power of attorney is just what is needed and wanted, the law usually requires your parent to sign it before it will take effect.

• Question - What's the emergency procedure for obtaining durable power of attorney for finance or health care?

  What's the emergency procedure for obtaining durable power of attorney for finance or health care? Get answers on obtaining durable power of attorney.

• Question - How soon after my parent's death do I need to begin administering her will, and what's involved?

  How soon after my parent's death do I need to administer their estate and other financial affairs? What other legal matters should I be aware of?

• Question - How do I handle finances when I share POA with my sister and both parents have dementia?

  This question has been answered by a Caring.com Expert

• Question - What's the difference between a guardianship and a conservatorship?

  What's the difference between a guardianship and a conservatorship? I want to know because my elderly parent refuses to sign a power of attorney.

• Question - What is the difference between power of attorney and a conservatorship?

  This question has been answered by a Community Member

• Question - How do I set up a conservatorship for my mother?

  I need to set up a conservatorship to use my parent's assets to pay for her nursing care. How do I set up a conservatorship to access her assets?

• Question - A couple of years ago, my mother appointed me as executor of...

  Unanswered. Can you help?

• Question - With both my parents in the hospital, how can I pay their bills?

  This question has been answered by a Caring.com Expert and a Community Member

• Question - Where can I get free legal advice for elder law?

  Unanswered. Can you help?

• Question - How much should a lawyer be paid to settle an estate?

  Probate lawyers charge fees according to different methods. A word to the wise consumer is to avoid surprises by getting all fee agreements in writing.

• Question - Who should I see to set up an irrevocable trust?

  Unanswered. Can you help?

• Question - How can I get affordable legal help with a guardianship?

  Local courts and special interest groups may help point the way to affordable legal help with conservatorships or guardianships.

• Question - Am I responsible for the debts of the person for whom I have durable power of attorney ?

  This question has been answered by a Caring.com Expert

• Question - Do you need a power of attorney if your spouse dies without a will?

  Without some legal authority, a person has few rights to control a deceased spouse’s property.

• Question - Can my mother do a reverse mortgage on our home?

  I am 51 and co-own my mother's home. Can she take out a reverse mortgage?

• Question - What rights do I have as a healthcare agent?

  This question has been answered by a Caring.com Expert

• Question - Is there any way that a sibling can revoke durable power of attorney from another?

  Unanswered. Can you help?

• Question - How can we find out if my mother-in-law had a will?

  If a search in the obvious places doesn't turn up a will, try a few less obvious ones.

• Question - If I am named as having power of attorney over my father's affairs, is it legal for me to use his money to pay for my expenses incurred while caring for him?

  If you want to be paid for your duties when acting as another person's power of attorney, it is best to get it in writing.

• Question - Is it wise to make one child (of two) the trustee of your trust and also have power of attorney over all of your affairs?

  Unanswered. Can you help?

• Question - If I have durable power of attorney for my father, can I stop him from giving money to a relative who is taking advantage of him?

  Unanswered. Can you help?

• Question - When making a minor change in a will, do I need to have it done by a lawyer?

  If a will revision is truly minor, you may be able to accomplish it on your own.

• Question - How do I go about getting a conservatorship?

  Unanswered. Can you help?

• Question - Does self-help software produce legal documents?

  Some self-help law products produce perfectly legal documents. The key is to shop wisely -- and you can always use a lawyer as a backup.

• Question - Is there a way to get power of attorney back after it has been revoked?

  If possible, get to the bottom of why your mother's power of attorney was revoked. You may need to fight this legal action with legal action of your own.

• Question - How do I gain access to my parent's health records without a durable power of attorney for health care?

  This question has been answered by a Caring.com Expert

• Question - What can I do if I think the trustees are acting illegally?

  When a trustee is acting illegally, you may have no choice but to hire legal help to right the wrong.

• Question - Do my parents need to get divorced to qualify for Medicaid?

  Should my parents get a divorce so that Dad can get Medicaid? It's possible that they won't need a divorce for him to qualify for Medicaid.

• Question - What can I do to stop my brothers from commiting fraud against my mother?

  Unanswered. Can you help?

• Question - My dad has has a stroke and shows signs of dementia, how can I get power of attorney over his affairs?

  Unanswered. Can you help?

• Question - Where do I get the paperwork for a power of attorney for my spouse who is currently in a mental health facility?

  Health facilities should be able to supply you with advance directives on the spot.

• Question - How do I help my elderly mother deal with the loss of her pets?

  When someone moves into assisted living, does he have to give up his pets? If so, what should you do with his pets once he moves into assisted living?

• Question - What can I do to get my money from a trust fund?

  You may have to take legal action to get a stubborn trustee to live up to his or her duties.

• Question - What can we do to allow adult children to see their mother?

  Unanswered. Can you help?

• Question - Can power of attorney be rescinded and returned to a spouse?

  Powers of attorney can be changed or rescinded, but it is the principal who must make the change.

• Question - My mother passed away in March 08. She had been married to...

  Unanswered. Can you help?

• Question - Is a conservatorship formed in Arizona valid in Utah?

  Some states provide excellent free help and advice on guardianships and conservatorships -- perhaps taking pity on those who invest time, money, and angst in the process of securing them.

• Question - Do we need to inform the first attorney that we wrote a new will with another attorney?

  When hiring different attorneys to prepare your estate plan, it can buy you some peace of mind to make doubly sure that your documents don't conflict.

• Question - Can I add a codicil to my own will without a lawyer present?

  Unanswered. Can you help?

• Question - Can a power of attorney give me the ability to make any decisions on behalf of my spouse?

  An agent appointed in a power of attorney can generally make decisions for another person, but that person must be of sound mind when making the appointment.

• Question - How does Medicaid handle dementia patients who are unable to make financial decisions?

  This question has been answered by a Caring.com Expert and a Community Member

• Question - How do I make sure my mother's personal information travels with her?

  This question has been answered by a Caring.com Expert

• Question - How can I direct my mother's medical care if others are named in her power of attorney?

  If people named to act in a power of attorney are not doing their job well, there may be steps you can take to right the wrongs.

• Question - How do I set up a real estate trust?

  You may be able to set up a simple living trust on your own; other types of trusts may require some guidance from a legal expert.

• Question - Do we need a court order for the bank stating my mother is unable to handle her financial affairs any longer?

  Unanswered. Can you help?

• Question - What do I need to know before I sign a nursing home contract?

  This question has been answered by a Caring.com Expert

• Question - How do we preserve my deceased father's estate when my mother remarries?

  To find out whether you are slated to get family property when your mother remarries, you have to look at the underlying estate plan.

• Question - is it a good idea to put your IRA in a revocable living trust?

  Should I put my IRA in a revocable trust? There are good reasons to put an IRA in a revocable living trust. For one, a revocable trust avoids probate.

• Question - Can I be held responsible for my mother's medical bills?

  This question has been answered by a Caring.com Expert

• Question - If I'm the partner on a friend's checking account, is it legal for me to distribute the funds after death?

  My friend and I had a joint checking account before he died -- he added me to his account. Can I distribute the funds from our joint account now?

• Question - Can I amend a life estate?

  Before amending a life estate, consider the possible drawbacks of the arrangement.

• Question - Is there anything I can do if I've been excluded from a trust?

  Children can be excluded from their parents' estate plans, but it usually must be verified as an intentional move.

• Question - What can I do if my mom's nursing home is mistreating her and I live out of state?

  This question has been answered by a Caring.com Expert

• Question - How should my father balance estate planning, tax planning, and Medicaid planning?

  This question has been answered by a Caring.com Expert

• Question - Since my parents own property in several states, how will their estate be administered?

  This question has been answered by a Caring.com Expert

• Question - How do I resolve a family conflict so I can visit my mother?

  My sister lives with my mother, and is making it hard to visit Mom and make sure she is okay.

• Question - Can a parent revise or revoke a durable power of attorney for healthcare or finances?

  Can my parent revise or revoke his durable power of attorney for healthcare? He can revise his durable power of attorney if he's of sound mind.

• Question - Should I interfere in my mother's social life if she has Alzheimer's?

  This question has been answered by a Caring.com Expert

• Question - If my dad and I jointly own a home, can Medicaid still take it to pay for long-term care expenses associated with a nursing home?

  This question has been answered by a Caring.com Expert

• Question - Will my current wife still be able to collect survivor benefits after I die if my ex-wife holds a lien against my finances?

  It’s sometimes hard to predict the legal future without first seeing the fine print on the documents involved.

• Question - How do I pick an attorney and what should I expect to pay?

  How do I pick an estate planning attorney for my parents? When I'm picking an attorney, should I go to a large firm, and how much should I pay?

• Question - Are online estate planning documents legal?

  When looking for an online product to help product your estate planning documents, shop carefully.

• Question - Am I responsible for my father's nursing home bill?

  A person's debts may follow them after death, but children are not usually responsible for their parents' nursing home debts unless they agreed to take them on.

• Question - Recently, after one month in the hospital with end stage...

  This question has been answered by a Caring.com Expert

• Question - Is there any software available to help track and organize yearly costs for a guardian taking care of a parent?

  The biggest challenge in tracking guardianship expenses may be to focus on the categories to include.

• Question - Can my mother help pay for her grandchildren's education and still qualify for Medicaid?

  Will a parent risk Medicaid benefits by helping with grandchildren's education? It's essential to consider whether Medicaid will be lost this way.

• Question - Are family corporations good or bad?

  My parents set up a family corporation to pass along their assets. Is a family corporation a good way to do this and to avoid taxes?

• Question - How do I become my adult child's legal guardian?

  Once a child becomes a legal adult, a parent needs to secure a guardianship or conservatorship to be authorized to continue making decisions about care and finances.

• Question - Am I responsible for my parent's debt?

  Am I responsible for my parent's debt? I recently discovered that my father has several thousand of dollars of debt. Are parent debts transferable?

• Question - How can you divide up household and personal items when there is no will?

  When a person dies without a will, a probate court will get involved in overseeing how remaining property is divided.

• Question - What legal rights to do grandchildren have in determining whether grandma is fit to live alone?

  This question has been answered by a Caring.com Expert

Tips & Reflections

• Tip - Avoid Hidden Legal Costs

  Whenever you hire an attorney, ask for a list of all...

• Tip - Put It in Writing to Avoid Disputes

  If you and your siblings are squabbling over who should...

• Tip - The Best Attorney Isn't Always the Most Expensive One

  Your parents don't need the highest-priced attorney...

• Tip - Keep Legal Documents in a Safe Place

  If your parents keep their will and other legal documents...

• Tip - Put It on a Card

  Legal documents, such as an advance healthcare directive...

• Tip - Archive Legal Documents Online

  Give family members (and anyone else you designate...

• Tip - Avoid Binding Arbitration Clauses

  Whether it's a hospital admission agreement, a long...