1232 Blue Ridge Blvd, Hoover, AL 35226

Nolan Elder Law and Estate Planning, LLC Blog

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 . . .

Wednesday, August 10, 2016

What To Expect When Probating A Will

In Alabama, there are multiple steps involved with the probate of a will.  First, it is important to gather as much information about the testator, the person who drafted the will, as possible, prior to your attempt at submitting the will to court.  Often times, the testator names the person he or she would like to take care of the estate upon his or her death.  In order to put the will through the probate process, the designated individual, or executor, must locate the decedent’s last known residence and obtain certain documents, such as a “certified copy” of the testator’s death certificate, the original will, and codicils to the will.  

Additionally, various petitions to the probate court must be made in order for probate to begin and for “Letters Testamentary” to be issued.

Read more . . .

Monday, August 8, 2016

Probate! continued......

In the last session we talked about probate in general. What is it, why is it important and when it becomes necessary. This installment is going to go a little deeper into the process though, so our Alabama readers will know what to do when that time comes.

After a person has died, their family sometimes meets with an attorney to discuss what to do to "settle the estate" of the dearly-departed. This conversation can take one of three different paths:

Read more . . .

Thursday, August 4, 2016

Veteran's Benefits- What You Need To Know!

As an accredited attorney for the US Veteran's Administration, I work with many veterans and families to assist in obtaining a wide variety of VA benefits. While there are well over 10,000 attorneys in the state of Alabama, only a couple of hundred or so have been accredited with the VA, so before you walk away from a veteran's benefit, be sure that whoever is advising you knows what they are talking about.

 While the VA offers a wide range of medical and healthcare benefits, burial benefits and of course, educational and home loan benefits, the one that seems to get the most attention is the one people call "Aid and Attendance" , sometimes called "Aid and Assistance" but never called by its real name, the "Improved Pension Benefit". Whatever you call it, this benefit will pay an eligible married veteran up to $2,120 per month in tax-free installments that are direct-deposited to his checking account. For unmarried vets the monthly installment is $1,788.
Read more . . .

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