Dan W. Armstrong Law Blog

Resons for the new Power of Attorney Act:a. To conform somewhat with the Uniform Power of Attoreny Act;b. To achieve greater consistency amoung state laws;c. Affects Durable Power of Attoreny (continues after principle becomes incapacitated);d. Provide least restrictive alternatives for incapacitated person to perserve and manage thier assets, their health, safty and rights;e. To be an effective alternative to guardianships... Read More

States vary widely on how they treat older drivers. While no state will revoke a driver's license based only on the driver's age, some states put restrictions on license renewals for elderly drivers. Other states do not differentiate based on age, and still others have fewer requirements for older drivers. If you are having concerns about your parents or friends continuing to drive, consult an elder Law attoreny in your area.... Read More

Around this time of year, unscrupulous companies step up their efforts to market costly living trusts to older Americans -- arrangements that may actually undermine the buyer's economic security.

According to the AARP, the Federal Trade Commission, and a number of state attorneys general, these high-pressure con artists have built an industry around older... Read More

Losing government aid can substantially reduce a disabled person’s lifestyle and cut off access to valuable programs that won’t accept private payments. As a lifetime or testamentary gift outright or through a support trust generally disqualifies a disabled person for valuable government benefits, lawyers should look to SNTs whenever a client may wish to provide for a disabled loved one. To be effective, SNTs must satisfy myriad complex rules. Therefore, SNTs should be drawn only by... Read More

Losing government aid can substantially reduce a disabled person’s lifestyle and cut off access to valuable programs that won’t accept private payments. As a lifetime or testamentary gift outright or through a support trust generally disqualifies a disabled person for valuable government benefits, lawyers should look to SNTs whenever a client may wish to provide for a disabled loved one. To be effective, SNTs must satisfy myriad complex rules. Therefore, SNTs should be drawn only by... Read More

 In Florida the Terry Schiavo case demonstrates the importance for all to sign a living will. Many confuse a living will with a will. A living will is a document that governs the withholding or withdrawal of life-sustaining treatment from an individual in the event of an incurable or irreversible condition that will cause death within a relatively short time, and when such person is no longer able to make decisions regarding his medical treatment.

If this proper document... Read More

Have you considered your pet or pets when planning your estate? If not, you should, according to The Humane Society of the United States, the nation's largest animal protection organization.

"Since pets have shorter life spans, people don't think to include them in their estate plans," says Anne Culver, Director of Disaster Services for the Society. "But animals left homeless when an owner has failed to make adequate provisions for their care are distressingly common... Read More

Whether it's an honor or a burden (or both), you have been appointed trustee of a trust. What responsibilities have been thrust upon you? How can you successfully carry them out?

Here are nine do's and one don't to get you started:

1.       Do read the trust document. It sets out the rules under which you will operate, so you need to understand it completely.

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The Court of Appeals of Mississippi rules that a will executed before a couple divorced and divided their property was still valid when the ex-husband died four years later. Hinders, et al. v. Hinders (Miss. Ct. App., No. 2000-CA-01779-COA, Jan. 8, 2002). In 1993, John and Joyce Hinders created wills leaving everything to each other. The couple divorced in August 1995. As part of the divorce, the Hinders divided their property but made no mention of the wills. Mr. Hinders died in February 1999 w... Read More