Blog | Divorce, Elder Law & Estate Planning

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Our legal blog covers an array of topics specifically geared toward seniors. Browse our blog posts to learn more about crisis Medicaid planning, silver divorce, elder abuse issues, family mediation, adult guardianships and more.

Recognizing Signs of Elder Abuse

Elder abuse is a growing problem in the United States and around the world. It is defined as an intentional act or failure to act that causes or creates the risk of harm to an older adult. Elder abuse takes many forms and is expected to increase as the global population of persons over 60 years of age will more than double by 2050. Shining a light on the issue and teaching others how to recognize the signs of abuse is one way we can protect this vulnerable population. You can learn more by viewing the photos below!

Is Legal Separation the Right Option For You and Your Spouse?

You may be considering ending the relationship between you and your spouse, but for one reason or another have not been able to come to terms with what a divorce would entail. Fortunately, in the state of Wisconsin, Legal Separation offers another option. A legal separation is a court-ordered arrangement in which a married couple formalizes a separation while remaining legally married. The process of legal separation is actually quite similar to divorce in that the court order generally specifies the following: Spousal Support or Alimony Child Custody and Placement Child Support Division of Property and Debts Couples may seek

The Most Frequently Reported Type of Elder Abuse – And What You Can Do To Prevent It

The International Network for the Prevention of Elder Abuse and the World Health Organization launched World Elder Abuse Awareness Day in June of 2006 to encourage individuals, organizations, and communities to raise awareness about neglect, exploitation, and abuse of the senior population. In honor of WEAAD, we are working to educate the community on different types of elder abuse, prevention, recognizing signs that abuse is taking place and how to report it. Financial abuse is the most frequently reported type of elder abuse and is expected to increase as the senior population grows. The U.S. Department of Justice defines financial

You’ve Heard of Divorce Mediation, but Have You Heard of Elder Mediation?

Mediation is a tool commonly associated with the divorce process, but it is a type of dispute resolution that can be useful for a lot more than that. As a parent starts to reach an age where their care is needing to be decided for them rather than by them, adult siblings may find themselves at odds with one another. The who, when, and how of their care may be heavily disagreed upon, sometimes becoming bitter enough to break a family apart. The issues a family disagrees upon may vary, but common areas of conflict are: When to take away

Mediation is a Great Tool for an Amicable Divorce

Divorces that are resolved in the courtroom can be time-consuming, expensive, emotionally exhausting, and unpredictable. If you and your spouse are looking for an amicable, efficient, and cost-effective way to end your marriage, mediation may be a good option. Mediation allows you and your soon-to-be-ex the opportunity to decide the terms of your divorce rather than leaving it up to a judge. During mediation, a neutral third party (the mediator) will help facilitate the resolution of parties’ disputes through meaningful and productive discussion between both spouses. While every couple’s situation is different, you can typically expect divorce mediation to tackle

Creating a Plan for Handling Funeral Arrangements; a Final Gift to Your Loved Ones

The loss of a loved one can be a stressful time. Fortunately, there is something you can do to minimize the burden on your grieving loved ones. While planning your funeral probably isn’t high on the list of things you wanted to read about today, it is something your loved ones will be extremely grateful for in your passing. Documenting your final wishes will save your loved ones from having to make tough decisions regarding your funeral proceedings. Planning in advance will also allow you the opportunity to provide your family with assistance in paying for funeral costs. Using a funeral

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Creating a Funeral Trust May Aid in Medicaid Eligibility

If you’re familiar with your state’s Medicaid eligibility requirements, you may also be familiar with the phrase “Medicaid Spend Down.” If you are not, let me break it down for you. Medicaid eligibility is determined by an applicant’s income and countable assets- both must be under a specified amount. If the applicant’s income or countable assets exceed Medicaid eligibility, they may become eligible by “spending down” income or assets. Medicaid spend down can be tricky, as Medicaid has a look-back period in which past transfers of property, gifted assets, or ones sold under fair market value are reviewed. Creating an

What is a Power of Attorney for Health Care?

While most of us recognize the terms Power of Attorney for Healthcare or Healthcare Proxy, we may not be as familiar with what exactly these legal documents do. A Power of Attorney for Healthcare or a Healthcare proxy is a legal document used to name an agent and give them the authority to make medical decisions for you should you become unable to do so. While you may think this sounds like a living will, there are some key differences in how they are used and the power they wield. While a living will is a great first step in

A Day for Reflecting on Your Advance Care Planning Measures

National Healthcare Decisions Day is celebrated annually on April 16. It was founded in 2008 by Nathan Kottkamp, a Virginia-based health care lawyer, in order to “inspire, educate and empower the public and providers about the importance of advance care planning.” The 50-state initiative is run by The Conversation Project, and encourages people to do just that, have a conversation. While 92% of people say that talking with their loved ones about end-of-life care is important, only 32% have actually done so. (Source: The Conversation Project National Survey 2018) End-of-life care is no small topic and can be quite intimidating.

Should You Add Your Child as a Joint-Owner of Your Bank Account?

Adding your child as a joint-owner to your bank account may seem like a good idea as you start to require assistance managing your finances, but it may come with some unintended consequences. Most banks set up joint accounts with “right of survivorship” meaning that when a co-owner of the account dies, the other will automatically become the sole owner of the account. This could potentially cause a number of issues regarding the estate of the deceased. If you had planned to distribute everything to your kids equally, it may come as a surprise that the right of survivorship can

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Legal Blog

Have questions about elder care law?

Recognizing Signs of Elder Abuse

Is Legal Separation the Right Option For You and Your Spouse?

The Most Frequently Reported Type of Elder Abuse – And What You Can Do To Prevent It

You’ve Heard of Divorce Mediation, but Have You Heard of Elder Mediation?

Mediation is a Great Tool for an Amicable Divorce

Creating a Plan for Handling Funeral Arrangements; a Final Gift to Your Loved Ones

Creating a Funeral Trust May Aid in Medicaid Eligibility

What is a Power of Attorney for Health Care?

A Day for Reflecting on Your Advance Care Planning Measures

Should You Add Your Child as a Joint-Owner of Your Bank Account?

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Recognizing Signs of Elder Abuse

Is Legal Separation the Right Option For You and Your Spouse?

The Most Frequently Reported Type of Elder Abuse – And What You Can Do To Prevent It

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