Elder lawyer in RI
FAQS authored by an East Providence Elder Law lawyer. This RI law article answers crucial queries regarding senior citizens such as nursing home costs and liens, living wills, estate planning, trusts etc.
This estate Planning, Probate and Elder law post answers the following:
- What documents should be part of an elderly person’s estate plan in Rhode island and Massachusetts (MA)?
- What exactly constitutes a Living Will in Rhode Island and Providence Plantations?
- Will the State of Rhode Island take my domicile if I am required to go into a nursing home?
- What types of legal steps should I take to protect the house in case of nursing home costs?
- Are there any means for me to retain control of my assets while simultaneously protecting them from the reach of nursing homes?
- What law will govern the strategies and state determinations?
The topic of Elder Law in Rhode Island encompasses areas of all related to people who have attained the age of 65 years of age and older. Under the general ambit of elder law in RI are topics such as wills, powers-of-attorney, healthcare agent designations, trusts and estate planning. One of the most concerning area of interest to the elderly is the fear to lose your home if you have to enter into a nursing home. Asset protection and Medicaid Planning are the usual terminology for this area of concern. Please contact Rhode Island elder law lawyer, Matthew Slepkow at Slepkow Slepkow & Associates, Inc if you have questions about Elder Law .
Wills, powers of attorney, healthcare agent designations, trusts, and estate planning are essential components of managing your financial and healthcare affairs, as well as ensuring the orderly distribution of your assets upon your death. Let’s explore each of these concepts in more detail:
- Wills:
- A will is a legal document that outlines your wishes regarding the distribution of your assets and the care of your dependents after your death.
- It names an executor who is responsible for carrying out the instructions in the will.
- Wills can specify beneficiaries for your property and assets, designate guardians for minor children, and even make specific bequests.
- Powers of Attorney:
- A power of attorney is a legal document that grants another person (the agent or attorney-in-fact) the authority to act on your behalf for financial, legal, or other matters.
- There are different types of powers of attorney, including general, limited, and durable, which can be customized to fit your needs.
- A durable power of attorney remains in effect even if you become incapacitated, making it an important part of incapacity planning.
- Healthcare Agent Designations:
- Healthcare agent designations, also known as healthcare proxies or medical powers of attorney, allow you to appoint someone to make medical decisions for you if you become unable to make them yourself.
- These documents are crucial for ensuring that your healthcare wishes are followed, and they can address matters like end-of-life care and organ donation.
- Trusts:
- Trusts are legal entities that hold and manage assets for the benefit of specific individuals or entities.
- They can be used for various purposes, including avoiding probate, providing for minors or individuals with special needs, and reducing estate taxes.
- Common types of trusts include revocable living trusts, irrevocable trusts, and charitable trusts.
- Estate Planning:
- Estate planning is the process of creating a comprehensive plan for the management and distribution of your assets and the protection of your family’s well-being.
- It involves assessing your financial situation, considering your goals and wishes, and using tools like wills, trusts, and powers of attorney to create a customized plan.
- Estate planning also addresses issues like estate taxes, asset protection, and business succession planning.
It’s important to consult with an attorney or estate planning professional when creating these documents to ensure they are properly drafted and in compliance with the laws in your jurisdiction. Additionally, it’s essential to periodically review and update these documents to reflect changes in your circumstances or wishes. Estate planning can help provide peace of mind and ensure that your assets and healthcare decisions are managed according to your preferences.
“In its most basic sense, undue influence is “the substitution of the will of a third party for the free will and choice of the testator in making a testamentary disposition.”Caranci, 708 A.2d at 1324 (citations omitted); see Notarantonio v. Notarantonio, 941 A.2d 138, 147 (R.I. 2008); Filippi v. Filippi, 818 A.2d 608, 630 (R.I. 2003); Tinney v. Tinney, 770 A.2d 420, 437-38 (R.I. 2001). Weakness of mind of the decedent, while a relevant factor, is not an essential element to a finding of undue influence. Caranci, 708 A.2d at 1324 n.3. MARY LOU DAURAY, v. ESTATE OF GABRIELLE D. MEE (a/k/a Gabrielle Malvina Mee), et al. MARY LOU DAURAY, an heir-at-law of GABRIELLE D. MEE, and on behalf of the ESTATE OF GABRIELLE D. MEE, https://www.courts.ri.gov/Courts/SupremeCourt/Opinions/13-135,%20136,%20137.pdf
“Likewise, in Payne v. Hook, 7 Wall. 425 (1869), the Court explained that it was “well settled that a court of chancery, as an incident to its power to enforce trusts, and make those holding a fiduciary relation account, has jurisdiction to compel executors and administrators to account and distribute the assets in their hands.” Id., at 431. (In that same case, a federal court later appointed a Special Master to administer theestate. This Court upheld some of the Master’s determinations and rejected others. See Hook v. Payne, 14 Wall. 252, 255 (1872).)” 547 U.S. 293 (2006) MARSHALL v. MARSHALL No. 04-1544. Supreme Court of United States argued February 28, 2006. Decided May 1, 2006.