How to Spot the Signs of Elder Abuse
Elder care can be challenging for families to navigate. Whether they arrange care at home or decide to move a loved one into a facility, families want to make sure their loved ones are well cared…
Elder Law
Paying Family Members to Provide Care for Special Needs Individuals
The Special Needs Alliance recognizes, paying a relative to care for a family member with disabilities can solve several challenges. This solution allows the individual requiring care to remain at home, where they likely…
COVID-19 Virus Concerns for a Law Practice
The legal needs of New Mexicans did not go away when COVID-19 came calling and disrupted everyone’s lives. In fact, the virus made legal issues more urgent, particularly for individuals who needed an estate…
Frauds and Scams Are Increasing Against Elderly Individuals and Individuals with Disabilities
According to The Special Needs Alliance’s publication, The Voice, financial fraud is on the rise for those individuals with special needs or disabilities. Financial abuse can be devastating to anyone, but individuals with disabilities and elderly individuals…
A Lesson in Elder Financial Abuse: It Can Happen to Anyone
Larry was 84-years old when he passed away last year. His wife of 62 years died in 2018. His only child, David, lived overseas and he had no other living family. Larry was fiercely independent and was reluctant to…
How to Make Life More Enjoyable Through Prolonged Quarantine
As quarantine for COVID-19 continues, many people are wondering how much longer they can stand it. But there are ways that seniors, caregivers, and parents can help make the stay-at-home orders bearable for those that still need to stay home.
5 Ways to Be a Better Caregiver When a Loved One Gets Sick
Did you know, more than 40 million Americans are caring for a loved one, whether it be an elderly parent or another family member. No one is ever prepared to become a caregiver. Caregiving is often a full-time job, yet…
What Happens to My Debt When I Die?
I have a classic lawyer answer to this question- it depends. Here are some factors to consider when thinking about this question: Do you co-own the debt with another person? Is it a joint credit card with your…
Care-Taker Roles Reverse
Generally speaking we don’t plan on spending a Saturday afternoon in the local Emergency Department. However, as parents age, we as their adult children find ourselves more and more in the care-taker role, which often means accompanying them to doctor’s…
Who Should I Appoint As My Fiduciary?
As part of a comprehensive estate plan, each one of us should appoint fiduciaries to act on our behalf in the event that we are no longer able to do so during life or at our death. Simply appointing a…
Intra-Family Conflict After Death – It Can Be Expensive
We all hear horror stories about siblings becoming estranged after the death of a parent because they couldn’t agree about who should get their mom’s teapot. Unfortunately, most estate planning and probate attorneys can tell you these stories have a…
Serving the Public Good
Lawyers have an ethical responsibility to provide pro bono services to indigent or other deserving clients. Rule 16-601 says that a lawyer should aspire to at least 50 pro bono publico (“for the public good”) legal services per year. “For…
Reverse Mortgages - What Are They and Are They Right For You?
What is a reverse mortgage? Created in 1989 by the US Department of Housing and Urban Development, a reverse mortgage is a home-equity loan for homeowners that are aged 62 or older. A reverse mortgage allows a homeowner to access…
Giving Myself Elder Law Advice
There is a saying that when a lawyer represents themselves they have a fool for a client. Giving myself elder law advice as I navigate the aging process with my elderly parents is proving it. How many times have I…
The Alzheimer's Association Report - Increasing Costs and Impact
The Alzheimer’s Association released a report on March 7, 2017 with updated statistics related to the number of Americans with Alzheimer’s dementia and the growing cost and impact of the disease on families and the economy. Some startling findings: Unless…
When is a trust necessary or helpful?
There are many causes of mental and physical incapacity and there are many people who are very bad a managing money, and for one reason or another, should not be left in charge of their own investments. In these cases,…
Having Difficult Conversations with Your Aging Parents
When Elder Law is a primary focuses of your law practice, you often have clients come to you to discuss their aging parents. They start seeing the signs: the yard is not being cared for the house is…
How is a revocable trust funded? Should all assets be transferred to a revocable trust?
Trusts are funded by re-titling or transferring title by deed or assignment of individual assets to the revocable trust. Assets may include stocks, bank accounts, real estate, timeshare interests, or business interests. Once assets are transferred into the trust, a…
Proud to be a Certified Elder Law Attorney
Last week I received an email from the new President of the Board of Directors of the National Elder Law Foundation (NELF). As a Certified Elder Law Attorney (CELA) myself, his words struck a chord with me. As CELAs, we…
Preparing for Cognitive Decline - Powers of Attorney and Moving to a Protected Paradise
Dementia is a frightening disease, the last thing you want to feel is scared, isolated, and restricted. Ever wonder if there is a better, more creative way to provide care for a loved one diagnosed with dementia?…
Protecting Your Testamentary Wishes As An Older Adult
Just because you have retired and grown older does not mean you have lost the ability to make decisions about your life or to decide for yourself who will inherit your assets when you die. Perhaps you do not have…
Elder Abuse, Financial Exploitation, and Undue Influence
Elder abuse in the form of financial exploitation can be devastating to the victims and their families. It is pervasive throughout New Mexico and the nation. Most of us are familiar with the harm that can be caused by telephone…
Estate Planning- Not Just for the Rich and Famous
Estate Planning- Is It for Everyone? Estate planning is not just for the rich and famous. Ask yourself this – -Do you have now or have you had a spouse/partner? -Do you…
Being Mortal by Atul Gawande
In his latest book – Being Mortal – Dr. Atul Gawande explores disability, diminished capacity and the onset of dementia, not as medical issues but as the natural processes of…
A Loved One Has Just Been Diagnosed With Dementia, What Should You Do?
Realizing that a loved one has dementia is heartbreaking and overwhelming and most families find that there are many more questions than answers. One of the best initial steps families can take is to contact their local…
Scams Targeting Seniors
An elderly man receives a phone call from someone identifying themselves as an employee at the Las Vegas jail. The caller tells the man that his grandson was arrested for DWI and cannot be released without a $1,500 payment. When…
Planning for Long Term Care
Helpful Tips to Help You and Your Loved Ones Plan For Long Term Care Caring for a disabled family member can be exhausting and navigating the system for public benefits to provide for your loved one’s ongoing financial…
What My Family Should Know
My adult daughter asked me once what medications I was taking. I told her that I took two prescription medicines. She asked me what they were and what they were for. I told her that one was a medicine for…
Continuing Care Retirement Facilities
We all live where we want to, until we can’t anymore. Then, housing becomes a much bigger issue than we ever thought it would be. It is not about which town, or which neighborhood, or split level or ranch. It…
Who Is Protecting Seniors?
Ads have been running on TV paid for by the Coalition to Protect Seniors, Inc., which state that people on Medicare should oppose health care reform because it will take away $445 million in Medicare benefits. Our law firm works…
What It Takes to Stay at Home
As we age, we can lose many of the faculties that we have taken for granted for years such as, hearing, sight, balance, memory and mobility, to name a few. Even with very good health, these functions upon which we…
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