Legal

• Article - Revocable Living Trusts: A Beginner's Guide

  Revocable Living Trusts: A Beginner's Guide. A revocable living trust is one of the most important documents for parents to have in their estate plan.

• 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.

• Article - Advance Health Care Directives and Living Wills: A Step-by-Step Guide

  How to set up a living will or health care directive. How to figure out what your parent wants and make sure it's reflected in the documents.

• Article - Documents to Bring to the Oncologist's Office

  Be prepared: The ten crucial pieces of Information you need to have when you visit your parent's cancer doctor.

• 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 - Advance Health Care Directives and Living Wills: A Beginner's Guide

  A living will or advance health care directive lets medical providers know a person's preferences when they're unable to do so independently.

• Article - How to Hire an At-Home Caregiver

  How to Hire a Caregiver. Hiring a home care aide or caregiver can help parents remain at home -- and take some pressure off the rest of the family.

Blog Posts

• Blog Post - Dr. Death Wants Your Vote

  By throwing his hat into the political ring, Jack Kevorkian has stirred renewed debate about doctor-assisted suicide.

• Blog Post - My Own Last (Online) Wishes

  Facebook users can let friends and family know their final instructions via a new application called My Own Last Wishes.

• Blog Post - My mother has asked not to be resuscitated if she has a medical crisis, but my siblings disagree on what constitutes a medical crisis.

  Before she showed signs of dementia, my mother decided...

• Blog Post - Use of Restraints in Nursing Homes: Down But Not Out

  The law limits how and when nursing homes can use restraints. What to do if your parent is confined by belts or bed rails.

• 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...

Questions & Answers

• Question - Where can I get free help with legal questions?

  There are several places to look for free legal help because of poor treatment at a VA hospital.

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

  This question has been answered by a Caring.com Expert

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

  My brother thinks my parents should give durable power of attorney for healthcare to one sibling and durable power of attorney for finance to another.

• 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 - Are guardians required by law for mentally incompetent elders?

  There has to be some pretty good evidence of neglect or mismanagement before a court will require a legal guardian or conservator.

• 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

• Question - How can I get guardianship over my mother in order to add her to my health insurance?

  An adult guardianship may be a way to get health insurance coverage for a parent.

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

  Being a joint owner on a bank account basically entitles you to treat the money as your own.

• Question - What is the legal cost if a court appoints a non-relative to serve as conservator?

  There are laws that allow a person to be paid for acting as conservator of an estate, but the actual amount due is generally left to murky standards.

• Question - Can a Wisconsin resident disinherit a spouse?

  If a will does not mention a surviving spouse, the law will likely look at the document carefully -- and make some assumptions giving the survivor a share.

• Question - Is there any legal action we can take against our sister's conservator?

  Unanswered. Can you help?

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

  This question has been answered by a Caring.com Expert

• Question - Can I safeguard my mother even if I'm not designated her guardian?

  The first step is to see what actual legal authority your brother has to act. The second is to take action to do or undo the situation.

• Question - In Ontario, what happens if a spouse dies and does not have a will?

  When a person dies without a will, who will get his or her property depends on how the survivors are related -- and sometimes, how many there are.

• Question - What are the moral and legal obligations for adult children in caring for a parent with early Alzheimer's/memory loss?

  Unanswered. Can you help?

• Question - Are adult children legally responsible for a parent’s unpaid nursing home bills?

  Adult children aren’t legally responsible for their parent’s uncovered nursing home costs, unless they signed a contract with the nursing home making themselves responsible.

• Question - Do I have any legal rights over my sister who is an alcoholic and neglects to eat or take her medicine for her Type 1 diabetes?

  Unanswered. Can you help?

• 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 - 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 - Can my half-brother keep me from seeing my mother, who is in a nursing home?

  Make sure you've tried to get to the bottom of a family member's attempts to block you from seeing your ailing mother. Then, you may need to take matters in your own hands.

• 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 - Can all children see their parents' living trust?

  People who make living trusts are free to keep their contents secret. But there may be ways you can air out hurt feelings over that.

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

  This question has been answered by a Caring.com Expert

• Question - Who has legal right to ashes resulting from cremation?

  Unanswered. Can you help?

• Question - If you receive money from an estate in trust for another individual, who pays the income tax on it?

  Hiring a professional for help with figuring tax rates and exemptions for trust income may be money well spent.

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

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

• Question - How can I legally get payment from my mother in law for a property we co-own?

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

  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 - What is my mother's legal obligation to pay donation pledges she has given over the phone?

  There are some ways to cut back on hectoring calls from charitable organizations--and guidelines about whether a person must make good on pledges.

• 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 - What are the legal requirements for handling a burial on my own?

  The law generally allows people to handle the burial of loved ones on their own. But it's impoetant to be aware of the legal controls on how and where it can be done.

• Question - In the state of MO, how many years before a parent has to go into a nursing home is it legal to turn all real estate property and money over to the adult son or daughter?

  This question has been answered by a Caring.com Expert

• Question - Can I be removed as the "responsible party" from a nursing home agreement?

  It may be illegal or unenforceable for a nursing home to require a family member to be the "responsible party" for a relative's nursing home bills.

• Question - Are online estate planning documents legal?

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

• 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 - What is the specific wording I should use to exclude two children from my will?

  A few unembellished words will make your intention to disinherit your children bulletproof to later legal challenges.

• Question - Do executors have to give out copies of wills?

  Since wills become public records after a person dies, you can see them--but how and where depends on the executor's willingness to show you the document.

• Question - Can my sister put my mother away in a nursing home without asking the rest of the children?

  One sibling may have the right to help arrange nursing home care for a parent, but it feels wrong not to consult other family members about the decision.

• Question - What happens to an elderly person's credit card at death?

  First, get the facts to back up suspicions that an elderly person is being financially abused. If it's true, act quickly to stop it.

• Question - Are we entitled to my great-grandmother's property?

  Whether you have a legal claim to a distant relative's property depends on whether they did any estate planning -- and who survived whom.

• Question - Is a home given away more than five years before still considered the parent's asset?

  Long-term care facilities can't attach assets given to adult children but Medicaid may consider such assets in deciding eligibility.

• Question - When does a power of attorney take effect?

  Read the fine print to determine the specific powers granted in a power of attorney -- and make sure they're not overbroad.

• Question - How do I get my dad to stop taking questionable financial advice from his friends?

  This question has been answered by a Caring.com Expert

• Question - Can my husband and I be reappointed as caregivers?

  Go back to the original source first to resolve a problem with caregiving for a disabled person; then move on to other local resources.

• Question - Does divorce protect one spouse's assets from the long-term care costs of the other spouse?

  When funds and other property are jointly held, some people consider divorce, at least on paper, to protect some assets from long-term care costs.

• Question - How can I take over care-making decisions when my brother has power of attorney?

  Try getting to the root of your family member's unwillingness to carry out the duties required in a power of attorney; then, consider other action.

• 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 - Can a durable power of attorney be made irrevocable?

  Powers of attorney may be something that's even better than irrevocable: They're flexible.

• Question - What are restrictions on bringing parents to the US for long term care?

  Advice on moving aging relatives to America. Finding culturally specific senior housing.

• Question - What is the difference between dpoa and just a poa?

  A durable power of attorney remains in effect if and when the person granting the authority becomes unable to make and communicate decisions.

• Question - My father has had a stroke and has no will. How do I ensure his things are taken care of?

  A parent who wishes to make a will may be able to do so, even after suffering a stroke.

• Question - If I have power of attorney, am I liable if my parents drive even if I think they should stop?

  This question has been answered by a Community Member

• Question - Can you provide me with a list of "end of life" questions to address with my family?

  A comprehensive list for end of life questions will be appearing soon; in the meantime, this site can help provide some structure for your discussions.

• Question - Does power of attorney make me responsible for medical bills?

  accepting authority under a power of attorney for health care does not make someone financially responsible for medical or long-term care bills.

• Question - Is it wise to put an elderly parent's home in trust?

  Whether it's wise for parents to put a house in a living trust depends on the context: their health, their goals, what else their estate plan provides.

• Question - The nursing home wants my father to leave because he's hard to manage; what are my options?

  This question has been answered by a Community Member

• Question - How do I make my two daughters guardians of their sister if I can't serve?

  A specific legal arrangement allows you to designate others to act as back-up guardians in emergenicies.

• Question - What documents, besides a will, do my aging parents need?

  Parents need an advance health care directive, a release for health care records, a durable power of attorney for finances, and maybe a living trust.

• Question - How do I notify creditors of an estate?

  Laws in all states set out a simple procedure for notifying creditors and potential creditors of a death.

• Question - What financial help is available for caregivers who had to quit their jobs?

  Does financial help for caregivers exist when they give up a job to help? Not from the government, but other kinds of financial help are available.

• Question - Will healthcare directives from one state be honored in another?

  When it comes to healthcare directives, some states are more welcoming than others.

• Question - How do I get my mother to update her trust and power of attorney?

  To help overcome your mom's resistance about updating her estate planning documents, you may need to heed why she feels a roadblock.

• Question - What does the term "new trust since PPA" refer to?

  The translation is easy: PPA means "Pension Protection Act." But understanding that law is far from simple.

• Question - How should my mother decide when to file for Social Security?

  Is it best to file for Social Security benefits early, at age 62, if a parent needs money or wait until 65 or 67 to file for Social Security benefits?

• Question - What steps are required to get a conservatorship?

  This question has been answered by a Community Member

• Question - Where can I find transportation information for my dad?

  This question has been answered by a Community Member

• Question - Am I entitled to property from my brother's estate if both of my parents are alive?

  Whether a sibling is entitled to another sibling's property at death may depend on whether or not there was a will in the picture.

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

  This question has been answered by a Caring.com Expert

• Question - Does a beneficiary have to pay finances charges on property?

  Finance charges on inherited property -- especially on vehicles -- are likely negotiable. Just get the facts on your side first.

• Question - Who is responsible for my brother, who has severe dementia, if the nursing home asks him to leave?

  A court-appointed guardian or conservator may be the best option when there is no one else willing and able to take on caretaking duties.

• Question - How can we protect our elderly mother from being taken advantage of?

  If you're sure that it's money and not love that is prompting an alleged suitor to call on your mother, act quickly to avoid financial scamming.

• Question - What documents does Medicaid ask for from an applicant?

  Medicaid asks applicants about all income and assets of any type, as well as support from others and any transfers of property within five years.

• Question - What if we suspect a trustee is mismanaging a trust?

  Family dynamics can make it hard to figure out whether a trust is being properly administered, or whether there is some type of illegal undue influence.

• Question - How can I reconcile the debt of my late father?

  This question has been answered by a Caring.com Expert

• Question - What can I do if my co-executor will not meet with me?

  Co-executors are both legally responsible for winding up an estate within a reasonable time. If you can't get the other person to cooperate, act quickly to right the wrong.

• Question - Should I let my dad, who has diabetes, drive?

  Help your parent with diabetes avoid hypoglycemic episodes while driving, and learn some legalities of driving with type 2 diabetes.

• Question - Can my stepson petition for guardianship of my husband?

  While anyone can file a request to be named a legal guardian or conservator, a court will decide whether that's in the elderly person's best interests.

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

  Unanswered. Can you help?

• Question - My father is withdrawing money from his accounts but can't remember where he's spending the money. What can I do?

  This question has been answered by a Caring.com Expert

• 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 - 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 - Are living trusts and living wills the same?

  When it comes to living wills and living trusts, only the names are similar. One concerns itself with controlling medical care; the other, passing title to property.

• Question - How do we, with a power of attorney, take control of a credit card account in the cardholder's nickname?

  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 - My mom is 65 and did a reverse morgage. Are her kids responsible in any way?

  This question has been answered by a Community Member

Tips & Reflections

• 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...

• Tip - Put It on a Card

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

• Tip - Add Your Parents to the "Do Not Call" List

  Help your parents avoid falling victim to unscrupulous...