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Nick Montagenese

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Advance Directives: What Do They Entail?

Advance Directives: What Do They Entail?

The tears were streaming down Kevin’s face as he stands at the door of Winnie’s nursing home room. The medical staff just finished inserting a feeding tube into Winnie – an act Kevin knew she didn’t want.

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The Five Most Important Legal Documents

The Five Most Important Legal Documents

All Americans who wish to protect their families and themselves must have an estate plan. Making sound decisions regarding finances and healthcare can become challenging as you age due to diminished mental capacity or declining health.

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Conservatorships Are Avoided With Durable Powers of Attorney

Conservatorships Are Avoided With Durable Powers of Attorney

Legal guardianship over an adult is known as a conservatorship. Decisions and actions can be made on behalf of another (or several people). The conservator is the person(s) with the power to make decisions, and the conservatee is the adult who needs help with their financial, health care, living arrangements, and daily affairs due to old age, physical or mental limitations. Some conservatorships are broader than others. For example, some conservators may only have authority over financial decisions, not medical ones.

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Benefits and Long-Term Care Planning for Veterans

Benefits and Long-Term Care Planning for Veterans

Are veteran Department of Veterans Affairs benefits may be used to help cover the costs of long-term care? The answer is, as with most governmental things, complicated. A much-underused pension benefit known as Aid and Attendance can provide some money to cover costs for assistance performing everyday tasks. Aid and Attendance benefits may even be available to veterans with incomes above the eligibility limit if they have a large enough medical expense(s) for which they receive no reimbursement.

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Understanding Revocable Trusts

Understanding Revocable Trusts

This was a question we received from a client: A revocable trust created by my brother left money to my children – but they could only use that money if they went to Tanzania to see elephants. Why can’t my kids put that money toward something they could use, like paying off their mortgages? The trustee says she has no choice, and she has to follow my brother’s instructions.

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An Overview of Probate

An Overview of Probate

According to the American Bar Association (ABA), probate is the process of giving formal recognition to a will and delegating the responsibility for administering the estate to intended beneficiaries. Navigating the probate process will vary according to state law. Therefore, it is good to contact a probate lawyer to determine if the estate is small enough to bypass formal probate, whether the fiduciary must be bonded (this requirement is often waived in the will), and what reports are necessary to prepare.

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