The Advance Directive form has not been updated since 1993 and some people find parts of it confusing. Oregon’s House Bill 4135 recently passed establishing a temporary form. If you have a current Advance Directive there is no need to…
After someone dies, a court process known as probate may be required to ensure debts and taxes are paid and remaining assets are transferred to the rightful recipients. The probate process includes having a personal representative appointed by a judge,…
An ABLE account is a tax advantaged savings account for someone with disabilities with an onset prior to age twenty-six. Means tested programs like Supplemental Security Income (SSI), Medicaid, and Section 8 housing, have limits on resources and income. The…
You may need a Guardianship or Conservatorship to be able make medical or financial decisions for your loved one. When an adult is no longer able to make important decisions because of a mental or physical illness, they often rely on…
Not all Powers of Attorney for Finances are created equal. The amount of control given to an appointed representative (called an “attorney-in-fact”) depends on the powers specifically spelled out in the document. A Power of Attorney for Finances (or Durable…
The ABLE Act allows qualified individuals with a disabling condition to establish and fund a tax-advantaged savings account from which they can pay for disability related expenses. The purpose of the ABLE Act is to give greater autonomy to these…
As our country’s population ages, more and more families will be looking to Medicaid for assistance in helping pay for rising care costs. We came across an interesting article on forbes.com that explores the current (2017) state of in-home Medicaid…
It can be very confusing and/or frustrating when a Medicaid application has been denied or benefits terminated. Steps need to be taken to preserve your rights. The Medicaid applicant/recipient (or representative) needs to request an administrative hearing within forty-five (45)…
Parents of minor children need to plan for the possibility they die before their children reach adulthood. Minors do not have the legal status or cognitive ability to make decisions about their care and finances so an adult must act…
Understanding the difference between a will and a living trust can guide you in selecting the one that best meets your needs. A revocable living trust is a trust that is established during your lifetime. You would be the Trustor…
There are three main ways you can own real property with someone else in Oregon. Tenancy by the Entirety: Spouses can own real property as tenants by the entirety. This is the most common ownership interest for married persons. Both…
Supplemental Security Income (SSI) is a means tested benefit that provides $735/month (for 2017) in income to the beneficiary. The beneficiary is not allowed to have more than $2,000 in countable resources. A person eligible for SSI will also be…
Attorney Tim Nay is a founding member Of the Trump Policy Analysis Group (TPAG). Its purpose is to objectively review and analyze legislative, regulatory, and other initiatives that directly impact older Americans and Americans with special needs. Members of…
A will allows you to nominate a personal representative of your estate and dispose of your probate assets. The personal representative would be in charge of your probate estate at your death. However, a will only controls the distribution of…
