Elder Care Panning Attorney Blog | Life Care Planning Legal Blog

This regularly updated elder care planning legal blog contains helpful insights for those thinking about the future of their elder parents, spouses, and other loved ones. This short and informative blog posts contain helpful tips on elder care planning, information about medicaid planning, frequently asked life care planning questions, and other useful elder care planning tidbits that could help you give comfortable golden years to your loved one.

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7/27/2010
Richard J. Habiger, J.D.
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Bankruptcy Can Be An Estate Management Tool

Bankruptcy can be an important tool for estate management for some, particularly seniors with huge medical and long-term care expenses.

Labels: Bankruptcy estate planning estate protection estate protection planning long term care planning Medicaid planning problem solving protect assets protect home senior

7/16/2010
Richard J. Habiger, J.D.
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Include your Digital Assets in Your Estate Planning

The first important step, following death or incapacity, is to track down and identify all of the assets, liabilities, and other concerns. To help your family and designated successor, leave a list of assets and liabilities for them. Also, you will want to help your successors by creating an inventory of your digital assets, passwords, etc.

Labels: after death digital affairs digital assets end of life estate planning estate protection estate protection planning planning for future protect assets retirement planning

7/13/2010
Richard J. Habiger, J.D.
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Don't forget your Digital Assets when doing your Estate Planning

Inventroy your digital assets. Without a detailed and accurate list, your successors will have a hard time protecting you and your digital legacy.

Labels: after death digital affairs digital assets end of life estate planning estate protection estate protection planning planning for future protect assets retirement planning

6/30/2010
Richard J. Habiger, J.D.
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Taking Care of Digital Assets

Tips for handling digital affairs after the death of another person, including changing passwords, contacting e-mail and social media accounts, preserving photographs, protecting financial information, and backing up all data.

Labels: after death digital affairs digital assets end of life estate planning estate protection estate protection planning planning for future protect assets retirement planning

6/19/2010
Richard J. Habiger, J.D.
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The Estate Tax is Not Dead

The estate tax is not “dead”. It has been repealed, but, without action by Congress, will come back in 2011 with only a $1 million exemption and a top 55% tax rate. The Obama administration attempted to permanently fix the exemption at $3.5 million, but Congress balked.

Labels: "death tax" advance palnning estate tax estate tax rates family farm planning for farmers

6/6/2010
Richard J. Habiger, J.D.
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Lawsuit claims LegalZoom is Unfair & Misleading

Lawsuit claims LegalZoom is unfair and engages in deceptive business practices, that its website falsely states that "customized" documents are reviewed for "accuracy and reliability." Nowhere [does LegalZoom] explain that its documents are not the same as those prepared by an attorney and that that its documents are not truly 'customized'. Plaintiffs claim the documents they purchased were flawed and they had to hire an attorney to correct the problems.

Labels: advance medical directive asset preservation planning durable power of attorney elder law attorney estate planning LegalZoom documents long term care planning planning revocable living trust wills with flaws

6/1/2010
Richard J. Habiger, J.D.
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A Word About Ethics & Confidentiality

Meet one of my fellow Wealth Counsel attorneys, Suzann Beckett. Suzann is a colleague who practices in Connecticut, and she recently posted to her blog this reminder of ethics guidelines as they apply to sharing confidential information.

Perhaps one of the least talked about aspects of working with a lawyer is the fear some of us have of exposing our personal lives to a total stranger. That reluctance takes a back seat in criminal law, where the process you are thrust into isn't voluntary. But when considering the larger decisions in life, opening the books on a lifetime of financial acquisitions, debts, and concerns to a total stranger can lead some people to avoid involving a lawyer when making long term plans.

Like most fears, the emotional reaction we have can be profoundly counter-productive. Sadly, it isn't all that unusual for costly, irreparable mistakes to be the result of our attempts to keep prying eyes out of our business.

The key is to be selective. When you plan for the future, you don't necessarily want to show the records of your financial holdings to your hairdresser, or the guy who mows your lawn. But it would be a good idea to come clean with the IRS on an annual basis. And although it may seem counter-intuitive, the best way to maintain control of your wealth and property over the long haul is to have an open, honest discussion of your plans with a legal professional who has your best interest at heart. Whether you are buying a home, building a business, filing for bankruptcy protection, or planning for the handling of your estate, you want to be the person in control - and you want the decisions you make to be based on solid legal grounds, not a gut feeling that may or may not stand up when you need it to.

Keep in mind that you are the customer, and the law is in a very real sense, a service industry.

So rest easy when you think about laying open your books, and your plans to a lawyer. The Bar Association holds lawyers to a very high ethical standard. Like your doctor, your lawyer is required by law to keep your confidence. A responsibility that we take very seriously, and one that I find comforting whenever I sit with a client who indicates the slightest concern for the security of their personal information.

When serving as your legal counsel, it is my responsibility to act with your best interests at heart. This posting by Suzann Beckett is a concise reminder that my counsel to you is for you and in your best interest. When offering counsel in my professional capacity, it is always confidential and it is specific to your needs.

Labels: advance planning confidentiality elder law attorney estate planning estate protection planning for future senior

5/15/2010
Richard J. Habiger, J.D.
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Take your Medicine…it’s Good for You and Your Loved Ones

Many do not like to discuss estate planning. When they do, many parents want to treat children "equally." But there may not be enough to go around. Parents must first plan for their own care, then consider being "fair" rather than "equal" to their children. Its important to have a conversation with your family and to be open. It will save family relationships.

Labels: caretakers estate planning estate protection live care plan parents planning senior

5/8/2010
Richard J. Habiger, J.D.
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Buying Tires vs. Legal Services

Build a relationship with an attorney who is ethical, honest, can be trusted, and is both knowledgeable and experienced. Follow this blog for free information.

Labels: attorney elder law attorney long term care planning Medicaid Medicaid planning nursing home nursing home planning

5/2/2010
Richard J. Habiger, J.D.
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Take a A Positive Step

Don't stress about long-term care or estate protection planning. Take a positive step toward your estate or retirement planning.

Labels: asset preservation planning estate planning estate protection planning life care planning long term care planning nursing home planning planning for future power of appointment retirement planning stress wills with flaws

4/18/2010
Richard J. Habiger, J.D.
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LegalZoom is Not the Answer

There are good alternatives to LegalZoom. Documents are simple. Wisdom is harder to come. Consult with a knowledgeable and experienced estate planning or elder law attorney. Or consult with the either the Elderly Clinic or Self-Help Center at the Southern Illinois University School of Law.

Labels: elder law attorney LegalZoom documents nursing home planning protect assets protect home senior spend-down

4/12/2010
Richard J. Habiger, J.D.
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When Good Estate Plans Go Bad

When you purchase a vehicle you don't just buy it and forget about it. You invest in periodic maintenance to prevent problems. You should do the same with your estate plan to prevent possible catastrophic failure. Life is not static. Life happens. The facts in your life change over the course of time. Thus, you should update you estate plan every few years ... or sooner as the facts of your life change.

Labels: advance palnning crisis Deficit Reduction Act DRA elder law estate planning planning planning for future senior

4/11/2010
Richard J. Habiger, J.D.
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Pet of the Month

Habiger & Associates Elder Law Office announces Pet of the Month.

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4/10/2010
Richard J. Habiger, J.D.
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Elder Law attorney attends client's 99th Birthday Party

Children of aging parents are saddled with financial and legal issues. They must manage finances, coordinate moves, work with doctors, screen assisted living homes, and work with elder law attorneys. Lean on the elder law attorneys and public benefits specialists at HAELO.

Labels: assisted living elder law attorney parents planning public benefits senior

3/28/2010
Richard J. Habiger, J.D.
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Elder Law Planning is Like an Elephant that Must be "Eaten One Bite At A Time"

Elder care planning and crisis Medicaid planning is like the proverbial “elephant” and a successful plan will address a client’s plan much like the answer to the old question “how do you eat an elephant”: “You eat an elephant one bite at a time.”

Labels: crisis elder care elder law Medicaid planning parents planning senior

3/20/2010
Richard J. Habiger, J.D.
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Special Forces or the Whole Army?

Answers question "why should I hire you instead of a large law firm in Chicago with an elder law department?"

Labels: elder law attorney estate planning planning senior

1/11/2010
Richard J. Habiger, J.D.
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Learn So You Don't Get Burned...

Potential clients often say they want a Living Trust or that they "only need a Simple Will". Almost always, they need non-traditional long-term care planning rather than either of these traditional estate planning documents.

Labels: advance palnning estate planning living trust senior simple will

Habiger & Associates Elder Law Office (HAELO) provides legal services to elderly or disabled persons in Southern Illinois. The founder of the firm, Richard Habiger, is an elder law attorney with more than 30 years experience. We are an Elder Law and Life Care Planning Law Firm that provides legal and care coordination assistance, including: Medicaid planning; asset protection; estate protection; Medicaid applications; Medicaid appeals; VA pension benefits planning and applications for veterans and their surviving spouses; planning for those with Alzheimer's, dementia, or other forms of memory loss, and those who have suffered a stoke; Hospice planning; and special needs planning, including special needs trusts and supplemental needs trusts.