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White Bear Lake, Minnesota Estate Planning Law Blog

What is a revocable living trust and do you need one?

Like many Minnesota residents, you probably know that you need a will. Otherwise, the state gets to decide where your assets go after you pass away. However, a will is not the only estate-planning document you can use to provide for your family after your death.

Have you considered a revocable living trust? This and other types of trusts are not only for the rich and famous. Depending on your family circumstances, a living trust could provide the best way for you to provide for your family after your death.

You've been appointed as executor. What does that mean?

You might feel like other Minnesota residents whose loved ones want them to serve as executors of their estates. You appreciate the trust and honor, but don't know what duties the law and the court require you to perform when the time comes. Hopefully, your loved one asked you if you would like to serve in this capacity before putting it in writing.

It might help you make your decision to have at least a rudimentary understanding of what an executor does. If you weren't given the chance to make the choice, but you still agreed to serve after the death of the loved one who appointed you, the information below will provide you with an outline of your duties.

Do I really need to create an estate plan?

Thinking about death is generally an unpleasant experience, so it likely comes as no surprise that many people in Minnesota avoid estate planning. However, death is unavoidable, so it only makes sense to create a well-thought-out estate plan in preparation for it. Creating this type of plan is paramount for ensuring that your assets end up in the intended hands.

Afraid an elderly loved one is being abused? Look for these signs

Sometimes the choices you make on behalf of an elderly loved one work out, and sometimes they go horribly wrong. You more than likely spent a considerable amount of time locating a nursing home or assisted living center that you felt would treat your aging family member with the same care you would, but when you visit, something seems amiss.

Appropriate legal protections for vulnerable adults

Minnesota families caring for an elderly and vulnerable adult would be wise to take the appropriate legal steps to ensure that their loved one is cared for and protected. Older individuals may face a myriad of complex legal concerns, but being proactive may allow your family to avoid legal and financial complications in the future.

By working with an experienced elder law attorney, you may also be to shield a loved one from negligent care, elder abuse and other forms of harm. If you are currently caring for or believe that you will be providing care and support for an elderly family member in the future, your lawyer can help you understand what legal steps are necessary.

Elder Law: Alcohol Addiction Patient Chooses Assisted Suicide

The "right to die" is an increasingly common trope in elder law around the world. In the Netherlands, assisted suicide is legal for people experiencing "unbearable suffering" and with no chance of improvement. Most of those to take advantage of the law are in the late stages of a terminal disease -- but not all.

Understanding Powers of Attorney

As individuals age and enter the twilight of their years, there may be a need for someone to step in to take care of some important medical and legal decisions. One written document that can achieve this transfer of legal power is the power of attorney.

The person granting this power is called the principal, donor, or grantor. This person being granted the power is usually called an attorney-in-fact or agent, but can be also called a variety of other names, depending on the circumstance. The attorney-in-fact must be a competent adult, aged 18 years old or older.

Dementia Rates Declining, Study Shows

As we have learned more about dementia over the last few decades, most of the news has not been good. We have heard that dementia is playing a larger role in our elders' lives, mostly because they are living longer than ever before. And while we are gaining insights into the medical causes and effects of dementia, there is still no cure.

Why is choosing a guardian important?

Many people don't think about estate planning until fairly late in their life, because they don't see the need for estate planning at a younger age. What most people do not want to acknowledge is the fact that they could be seriously injured and incapacitated at an unexpected time. If this were to happen, having a guardian in place to make decisions for you is extremely important.

3 signs of nursing home neglect

One of the most emotional decisions you will make in your lifetime is placing your elderly parent in a nursing home. Choosing a nursing home that fits your parent's needs can be an overwhelming decision. Will he or she be happy there? Will the staff take good care of them? After researching what to look for in a nursing home, you make the decision and feel comfortable with it. You put your faith and trust in the nursing home and staff to have your parent's best interests at heart.

In the back of your mind, however, you know that nursing home abuse and neglect is an unfortunate reality. You hope the nursing home you chose for your parent does not have this issue. Since you're not there all the time, it's hard to tell. There are red flags to look for and several signs that may tell you that your loved one is not safe or being taken care of as you'd hoped.

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