My husband has dementia and he recently fell and broke his hip. The doctors say he needs 24/7 care. We have a home and some modest savings, and he has a large IRA that he rolled over from work when he retired. Can you let me know what my options are if he is in a nursing home?

You have some good options.  Two major things you should know:  (1) we can protect your home and savings; and (2) there is a recent change in the Medicaid rules that allows specific protections for IRAs.  This type of legal planning is complicated, but when done properly you can protect all of your family’s assets… Read More »

I was awarded money, plus interest, in my Judgment of Divorce. The Judgment was finalized some years ago. My ex has paid very little and still owes me most of that money. I was told I only have a limited amount of time to go to Court to enforce the Judgment and make my ex pay. Is this true?

YES! It is true that a Judgment of Divorce must be enforced within a specific time period. The “Statute of Limitations” bars legal action after a certain amount of time. For example, in most personal injury cases you have 3 years to sue and in most contracts cases you have 6 years to sue. To… Read More »

My father is 81 and was diagnosed with dementia/Alzheimer’s. He is still okay but I can tell his memory is starting to get worse. My mother also has health issues and can take care of him now, but I can see a time in the near future where she won’t be able to take care of him 24/7. Is there any special planning they need to do?

Yes, you should make sure both your parents have a written estate plan in place that covers incapacity and transfer of their assets after they are gone. This is generally going to be a Durable Power of Attorney (for handling finances), a Patient Advocate Designation (for carrying out medical wishes), and a Will or Living… Read More »

My husband was recently diagnosed with Parkinson’s disease. I am fine taking care of him at home right now, but I understand the disease can progress to the point where he may need 24/7 care. Is there any way to plan ahead of time to protect our home and what we have saved over the years in case he needs nursing home care in the future?

Yes, there are ways to plan ahead of time and, in fact, you should plan as early as possible when you are faced with a progressive brain disease like Parkinson’s (or dementia or Alzheimer’s).  If you start early, we can set aside certain assets in a special trust to make sure they are protected.  Because… Read More »

Can I Get My Prior Criminal Conviction Expunged?

The laws regarding the setting aside (expungement) of convictions can be complicated. Either felony or misdemeanor convictions may be set aside depending on the extent of your criminal record. Even if your conviction was deferred or dismissed by statute, it may still be considered a part of your criminal record and it may still result… Read More »

My husband was diagnosed with Alzheimer’s and it is getting to the point where I can’t take care of him at home anymore. If he moves to a nursing home, will I lose my home and my life savings?

No, but you must take active steps to protect your assets.  It’s hard to believe, but if you are married and your spouse is going into (or already in) a nursing home, you can protect your home and all of your life savings.  Congress has passed specific laws so that the spouse outside the nursing… Read More »

I’m getting married for the second time and both my new husband and I have adult children. Is there anything different I need to do with my estate planning?

Yes. We see more and more “blended families” (marriages where each spouse has children from a prior relationship).  You must take special steps to make sure you take care of each other, but also provide for your children after you are gone (if that’s your goal).  This can be quite complicated. For example, what if… Read More »

SENIOR LAW RADIO IS ON THE AIR!

Instead of the normal “Ask the Lawyer” question today, we want to let you know about our radio program focused on legal issues relating to seniors and their families. The radio show is called Senior Law Radio and is on for an hour every Saturday afternoon, from 3 p.m. to 4 p.m., on WMUZ 103.5… Read More »