1232 Blue Ridge Blvd, Hoover, AL 35226

Nolan Elder Law and Estate Planning, LLC Blog

Saturday, October 29, 2016

Financial Advisers in Alabama Must Report Suspected Elder Financial Abuse

What constitutes financial abuse in Alabama?

Alabama is one of several states that has passed legislation requiring financial advisers to alert the state of suspected instances of financial abuse of the elderly.  Mandatory elder financial abuse reporting laws went into effect in Alabama, Indiana, and Vermont this past summer, while Louisiana’s similar law will take effect in January.  In addition to mandatory reporting in cases involving individuals over the age of 65, Alabama’s law also allows financial advisers to stop disbursement of funds from client’s accounts and provides advisers with immunity from civil liability.

Read more . . .

Monday, October 17, 2016

Protect Your Assets: Make Your Will Bulletproof

How can I prevent challenges to my will after my death?

When you create a will setting out your final wishes, you hope that those wishes will be honored to the fullest extent.  Unfortunately, wills are sometimes challenged by dissatisfied relatives or friends. There are steps you can take to prevent any questioning of your will after your death, including the following:

  1. Incorporate a no-contest clause:  Consider including a no-contest clause in your will, which will discourage people from disputing it.  Under a no-contest clause, any beneficiary to the will who challenges it and loses will forfeit what would have been bequeathed to them.  While this will not prevent those left out of the will from challenging it, it will likely make beneficiaries reconsider taking legal action.

Read more . . .

Friday, October 14, 2016

Medicaid Roadmap- What is it?


Someone once said that “We are all pilgrims on the same journey but some pilgrims have better road maps.”


Many adult daughters (and a few adult sons) are faced with the challenges of becoming caregivers for their mothers and fathers. About age 50 or so, they begin to realize that mom and/or dad is not as healthy as he or she once was. This raises all sorts of questions, including:


Who will take care of them as they need more care?


Can they stay at home? If so, for how long?


Where can they go if they can’t stay at home?


How much does it cost to hire caregivers to come to them?


Is that covered by insurance?


What is the difference between an independent living community, an assisted-living community, a memory-care facility and a nursing home?


Are any of those expenses covered by insurance?


Medicare- what exactly is it? Do they have it? What does it cover?


TriCare for Life- ditto


VA benefits- are they eligible? If not, can they become eligible?


How much money do mom and dad have in savings?


Do they have long-term care insurance?



Are mom and dad keeping their bills current?


Do they have basic estate planning in place and where is it?


Is it too late to see about protecting their life savings from the overwhelming costs of nursing home care?


These are common questions that the 50 year-old daughter must answer in order to be an effective caregiver. This is where a roadmap comes in handy.
Read more . . .

Thursday, October 13, 2016

Ignorance is NOT Bliss!

Whoever said that ignorance was bliss was ignorant, at least as it applies to seniors and their care.


We are entering the time of year when families spend a lot of time together, possibly more time than they have since the previous year. Adult children will be visiting with their parents and in-laws over the various holidays from now until the Super Bowl. This will give the adult children time to watch Mom and Dad closely. It will give them time to examine their living arrangements and the condition of their homes.
Read more . . .

Monday, October 3, 2016

You Mean I can deduct Mom or Dad's medical expenses? How?

The expenses related to home healthcare and assisted living may be tax-deductible if they exceed 7.5% of adjusted gross income and the following conditions are met.


According to Internal Revenue Code 7702B, a chronically ill person is defined as someone that meets either of the following descriptions:


1. He or she is unable to perform at least two activities of daily living (ADLs) without substantial assistance from another individual for at least 90 days due to a loss of functional capacity. (Activities of daily living are eating, toileting transferring, bathing, dressing and incontinence.
Read more . . .

Thursday, September 22, 2016

Without a Will, You Have Little Say in Who Inherits Your Estate

What happens if I die without a will?

Many Americans are loath to consider the topic of estate planning.  Preparing for your eventual death is something few people want to face.  In fact, an estimated 64 percent of Americans do not have a will, as reported by Forbes Magazine.
Read more . . .

Saturday, September 17, 2016

Protect Your Loved One: Know the Signs of Financial Abuse of the Elderly

What should I do if I suspect my loved one is being financially abused?

Preventing financial exploitation of the elderly starts with recognizing when it is occurring.  Adult Protective Services of Alabama leads several programs that aim to identify and prevent elder abuse, including financial exploitation.  The agency strives to make people aware of the red flags of elder abuse.

Read more . . .

Monday, August 29, 2016

Do You Have Aging Parents?

Aging parents? Concerned about their safety and welfare?


 Who will be their caregiver when they need help?


How will they pay for their long-term care?


Will you have to pay for their care?


Even if they have long-term care insurance, will it be enough?


What benefits are available? Veteran’s benefits? Medicaid?


Are their estate-planning documents valid and up to date?


Do you know where everything is and who to contact?


Are there siblings who might create friction in the future?


Do you know your parents’ end of life wishes?


How much time do you have, really, to devote to caregiving?


All valid questions to consider. Working with an Elder Law attorney, you and your loved ones can establish a plan, we call it a LifeCare Action Plan™ that takes into account these issues and more. Understanding what is available now and in the future to pay for care is important! The key is proper advance planning. Don’t wait for crisis to occur before exploring your options. By then it will be too late.

Read more . . .

Saturday, August 20, 2016

ABLE Accounts Provide Special Needs Families With New Savings Tool

How can an ABLE Account help me save for my special needs child?

For parents of special needs children, planning for the future can be stressful.  Recognizing the challenges faced by dedicated parents of special needs children, Congress passed the “Stephen Beck Jr., Achieving a Better Life Experience Act.”  Known as ABLE accounts, the program aims to allow families to save tax-free towards their child’s care.  It is administered by each individual state, and Alabama adopted the program in 2015.

Read more . . .

Saturday, August 20, 2016

Two Former Alabama Nursing Assistants Charged with Elderly Abuse

What are the signs of elderly abuse?

Two former nursing assistants at Glen Haven Health and Rehabilitation in Northport, Alabama are facing felony charges of elder abuse for holding down a 93-year-old patient while another nurse’s aide hit her.  Authorities report that the three women were trying to force the resident to take her medication.  The two aides are charged with violating the Adult Protective Services Act.  Their co-defendant, accused of hitting the resident in the head while she struggled, was indicted on felony charges in early July. 

Is Your Loved One Being Abused?

Nursing home abuse is a serious problem across the United States.
Read more . . .

Wednesday, August 10, 2016

Housing For The Elderly

The hunt for a good living situation is especially challenging for senior citizens.   Elders often face many limitations due to poor or failing health, low income, and medical expenses, in a time where the cost of living has skyrocketed.  However, there are resources available for seniors. 

Read more . . .

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