Conservatorship 101
What is guardianship? Guardianship is now referred to in Tennessee as “conservatorship” for adults who a judge decides “needs the protection, supervision, or assistance of the court.” A conservatorship is a court proceeding. It can be necessary when a person suffers from a mental or physical disability that renders him or her unable to […]
What You Need to Know About Revocable Living Trusts
This article was written by Barbara McGinnis, Certified Elder Law Attorney Updated March 2022 What is a Revocable Living Trust? A trust is a legal way of holding, managing, and distributing property. Every trust must have four elements: There must be someone who creates the trust, who is often called the “trustor” or the “grantor.” There […]
Is Medicaid Planning Ethical?
A review written by Barbara B. McGinnis, Certified Elder Law Attorney The Elder Law Attorney’s Ethical Dilemma In 2002, David L. McGuffey and Timothy Takacs wrote the first of a two-part series on the ethics of Medicaid planning. The first part was published by the William Mitchell Law Review in the summer 2002 special issue […]
Joint Accounts are Usually Bad
I am not a big fan of joint accounts. Parents put their children’s names on their accounts because they want their children to be able to pay their bills if they can’t and so the account goes to the children upon their death. So, the parent goes to the bank and the bank officer decides […]
Pitfalls of Giving Away Your Home
Like many other people, you may be thinking about giving your home away now that you are older. There may be several reasons why you might consider doing this: You want to avoid probate You want someone else to take responsibility for the upkeep of the property You want to help a family member You […]
Myths about Medicaid
Myths about Medicaid law abound. Elder Law attorneys who practice in this field know most of them. Perhaps the most prevalent of such myths is the one about the Medicaid applicant’s home – that she will have to sell her home in order to qualify for Medicaid nursing home benefits. A variation on this one […]