Enola Estate & Trust Administration Attorney
Losing a loved one is never easy. Along with the emotional challenges that follow a death, family members are often faced with numerous legal and financial responsibilities that can feel overwhelming. Whether you have been named as the executor of an estate, appointed as the trustee of a trust, or are a beneficiary trying to understand the administration process, having experienced legal guidance can make a significant difference.
Estate and trust administration involves much more than distributing property to beneficiaries. Executors and trustees have important legal obligations that must be carried out according to Pennsylvania law. These responsibilities may include identifying and valuing assets, notifying creditors, paying debts and taxes, maintaining accurate financial records, communicating with beneficiaries, and ultimately distributing assets according to the terms of a will or trust.
At Keystone Elder Law, P.C., we help individuals and families throughout Enola, Mechanicsburg, Camp Hill, Harrisburg, Hershey, Carlisle, and surrounding Pennsylvania communities navigate the estate and trust administration process with confidence. Our goal is to simplify complex legal matters, reduce unnecessary stress, and help executors, trustees, and beneficiaries understand their rights and responsibilities every step of the way.
Whether your loved one had a carefully prepared estate plan or passed away without a will, our experienced legal team can provide guidance tailored to your family’s unique circumstances. We understand that every estate is different, and we take the time to develop practical solutions that protect your interests while honoring your loved one’s wishes.
If you have recently been appointed as an executor or trustee, you do not have to manage the legal process alone. Working with an experienced Enola Estate & Trust Administration Attorney can help you avoid costly mistakes, fulfill your fiduciary duties, and administer the estate or trust as efficiently as possible.
If you need guidance with estate or trust administration, call Keystone Elder Law today at (717) 697-3223 to schedule a consultation.
Understanding Estate & Trust Administration
Many people hear the terms “estate administration” and “trust administration” used interchangeably. Although they share similar goals, they involve different legal processes and responsibilities. Understanding the distinction can help families better prepare for what lies ahead after the loss of a loved one.
Whether an estate is administered through probate or assets are managed through a trust, both processes require careful attention to legal requirements, financial obligations, and the wishes expressed in the deceased person’s estate planning documents.
What Is Estate Administration?
Estate administration is the legal process of settling a person’s affairs after they pass away. If the individual owned assets in their name alone, those assets often become part of their probate estate and must be administered according to Pennsylvania law.
During estate administration, the executor or personal representative is responsible for carrying out numerous legal duties. These duties are intended to protect creditors, beneficiaries, and the estate itself while ensuring assets are distributed properly.
Estate administration often includes responsibilities such as:
- Locating the original will.
- Filing required documents with the appropriate Pennsylvania court.
- Identifying and safeguarding estate assets.
- Obtaining date-of-death values for property.
- Opening estate bank accounts.
- Paying valid debts and expenses.
- Filing necessary tax returns.
- Distributing assets to beneficiaries.
- Closing the estate.
Every estate presents unique circumstances. Some involve only a few bank accounts, while others include businesses, investment portfolios, real estate, retirement accounts, or multiple beneficiaries. Having experienced legal guidance can help ensure the estate is administered efficiently while reducing unnecessary delays.
What Is Trust Administration?
Trust administration begins after the trustee assumes responsibility for managing and distributing assets held within a trust.
Unlike probate administration, trust administration often occurs outside of the probate court process. However, that does not mean it is simple. Trustees have significant fiduciary responsibilities and must manage trust assets according to both the trust document and applicable Pennsylvania law.
Trust administration may involve:
- Reviewing the trust agreement.
- Identifying trust assets.
- Obtaining valuations.
- Managing investments.
- Paying outstanding obligations.
- Keeping accurate financial records.
- Communicating with beneficiaries.
- Making distributions according to the trust terms.
Because trustees owe fiduciary duties to beneficiaries, careful administration is essential. Decisions should always be made in accordance with the trust’s instructions and the trustee’s legal responsibilities.
Why Professional Guidance Matters
Many executors and trustees have never served in these roles before. It is common to feel uncertain about what steps should be taken first or how to avoid making mistakes that could create legal or financial complications.
Pennsylvania law imposes important responsibilities on executors and trustees. Missing deadlines, overlooking creditor claims, distributing assets too early, or failing to maintain proper records can create unnecessary liability.
Working with an experienced Estate & Trust Administration Attorney allows executors and trustees to receive guidance throughout the administration process. Rather than trying to interpret complex legal requirements alone, they can make informed decisions with confidence.
At Keystone Elder Law, we regularly assist first-time executors and trustees by answering questions, preparing required legal documents, explaining fiduciary responsibilities, and helping families navigate each stage of administration.
Whether you have questions about an estate, trust, or probate matter, call Keystone Elder Law today at (717) 697-3223 to learn how we can help.
The Estate Administration Process in Pennsylvania
Administering an estate can seem overwhelming, especially during a time of grief. Understanding the general steps involved can make the process more manageable and help executors feel more confident in fulfilling their responsibilities.
While every estate is different, most Pennsylvania estates follow a similar administration process.
Step 1: Locate the Original Will
The first step is determining whether the deceased person left a valid Last Will and Testament.
The original signed will typically identifies the executor, names beneficiaries, and provides instructions regarding how assets should be distributed.
If no valid will exists, Pennsylvania’s intestate succession laws determine who inherits the estate. In these situations, the court appoints a personal representative to administer the estate according to state law.
Step 2: Open the Estate
Many estates require probate proceedings to begin before an executor has legal authority to act.
During this stage, required documents are filed with the appropriate Pennsylvania Register of Wills, and the executor is formally appointed to administer the estate.
Once appointed, the executor receives the legal authority necessary to collect assets, pay debts, and carry out the administration process.
Step 3: Identify and Protect Estate Assets
One of the executor’s earliest responsibilities is identifying everything the deceased person owned.
Estate assets may include:
- Bank accounts
- Investment accounts
- Retirement assets
- Real estate
- Personal property
- Vehicles
- Business interests
- Life insurance payable to the estate
Once assets are identified, they should be properly safeguarded throughout the administration process. Depending on the estate, this may involve securing property, maintaining insurance coverage, or preserving investment accounts until distributions can be made.
Step 4: Notify Creditors and Interested Parties
Pennsylvania law generally requires executors to provide appropriate notice during the administration process.
Creditors must be given an opportunity to present valid claims against the estate. Beneficiaries should also receive appropriate information regarding the administration.
Proper communication helps reduce misunderstandings and promotes transparency throughout the process.
Step 5: Pay Debts, Expenses, and Taxes
Before assets are distributed, the executor must address the estate’s outstanding obligations.
These may include:
- Funeral expenses.
- Outstanding medical bills.
- Credit card balances.
- Mortgage obligations.
- Utility bills.
- Income taxes.
- Pennsylvania inheritance taxes, when applicable.
- Administrative expenses.
Failing to satisfy these obligations before distributing assets may expose the executor to personal liability in certain situations.
Step 6: Distribute Estate Assets
After debts, taxes, and expenses have been addressed, the remaining estate assets can generally be distributed according to the terms of the will or, if no will exists, according to Pennsylvania intestate succession laws.
Distributions may include cash, real estate, investment accounts, personal belongings, or other property.
Executors should carefully document all distributions to maintain accurate records and provide transparency for beneficiaries.
Step 7: Close the Estate
The final stage involves completing any remaining administrative responsibilities and formally concluding the estate administration process.
Once all legal requirements have been satisfied, the executor’s duties are generally complete.
Although every estate follows its own timeline, careful planning and experienced legal guidance can often help reduce delays and simplify the overall process.
If you have been appointed as an executor and would like experienced legal guidance, call Keystone Elder Law today at (717) 697-3223.
Understanding Trust Administration
Many people assume that once a trust has been created, there is very little left to do after the person who established it passes away. In reality, trust administration is a detailed legal process that carries significant responsibilities for the individual or institution serving as trustee.
While trusts often help families avoid the probate process, they do not eliminate the need for careful administration. Trustees have fiduciary duties that require them to act in the best interests of the beneficiaries, manage trust assets responsibly, maintain accurate records, and carry out the wishes of the person who created the trust.
At Keystone Elder Law, we regularly assist trustees throughout Enola and Central Pennsylvania by providing practical legal guidance during every stage of trust administration. Whether you have recently become a successor trustee or have questions about your legal responsibilities, our team can help you understand your obligations and avoid common mistakes.
What Is a Successor Trustee?
A successor trustee is the individual or institution named in a trust document to take over management of the trust after the original trustee is no longer able to serve. In many revocable living trusts, the person creating the trust serves as the initial trustee during their lifetime. Upon death or incapacity, the successor trustee assumes responsibility for administering the trust.
Serving as a successor trustee is an important legal responsibility. Unlike an executor, who administers a probate estate under court supervision, a trustee administers trust assets according to the terms of the trust agreement.
Although probate may be avoided, trustees are still expected to carefully follow Pennsylvania law and fulfill their fiduciary duties throughout the administration process.
Responsibilities of a Trustee
Every trust is unique, but trustees often perform responsibilities that include:
- Reviewing the trust agreement.
- Identifying trust beneficiaries.
- Gathering and valuing trust assets.
- Protecting trust property.
- Managing investments when appropriate.
- Paying outstanding expenses and taxes.
- Maintaining detailed financial records.
- Communicating with beneficiaries.
- Distributing assets according to the trust instructions.
Trustees should never assume they can simply divide assets immediately after the trust creator passes away. Proper administration often requires careful review of legal documents, financial accounts, tax obligations, and creditor issues before distributions are made.
Because trustees may be held accountable for mistakes, many choose to work closely with an experienced Estate & Trust Administration Attorney throughout the process.
Fiduciary Duties of a Trustee
Pennsylvania law requires trustees to act as fiduciaries. A fiduciary has a legal obligation to act in the best interests of the trust beneficiaries rather than in their own personal interests.
This duty requires honesty, loyalty, fairness, and sound judgment.
Trustees should avoid conflicts of interest, manage trust property prudently, and make decisions that are consistent with the trust document.
Beneficiaries often rely on the trustee to provide updates regarding the administration process. Maintaining open communication and accurate documentation can help build trust while reducing misunderstandings among family members.
When questions arise regarding the interpretation of trust provisions or the trustee’s authority, seeking legal advice early can often prevent disputes from escalating.
If you have been named as a trustee and need experienced legal guidance, call Keystone Elder Law today at (717) 697-3223.
Executor vs. Trustee: Understanding the Difference
Executors and trustees often perform similar functions, but their legal authority comes from different sources and their responsibilities are not identical.
Understanding the distinction can help families better navigate the estate administration process.
The Role of an Executor
An executor is named in a Last Will and Testament and is responsible for administering the probate estate after receiving legal authority through the Pennsylvania Register of Wills.
The executor’s responsibilities generally include:
- Opening the probate estate.
- Identifying estate assets.
- Paying valid debts and expenses.
- Filing required tax documents.
- Communicating with beneficiaries.
- Distributing probate assets.
- Closing the estate.
The executor’s authority generally ends once the estate has been fully administered.
The Role of a Trustee
A trustee derives authority from the trust agreement rather than the probate court.
Depending on the type of trust, a trustee’s responsibilities may continue for many years after the trust creator passes away.
For example, trusts established for minor children, individuals with special needs, or beneficiaries who receive distributions over time may require ongoing administration long after the probate estate has been closed.
Because trusts often remain active for extended periods, trustees must maintain accurate records and continue fulfilling their fiduciary duties throughout the life of the trust.
Can the Same Person Serve as Both?
Yes. In many estate plans, the same individual is named as both executor of the estate and successor trustee of the trust.
While this arrangement can simplify administration, it also increases the individual’s legal responsibilities.
Understanding which assets belong to the probate estate and which assets belong to the trust is essential. Proper coordination between estate administration and trust administration helps ensure assets are transferred correctly and according to the deceased person’s wishes.
Common Challenges During Estate & Trust Administration
Even estates that appear straightforward at first can present unexpected legal or financial issues. Having experienced legal guidance can help families resolve these challenges more efficiently while minimizing unnecessary stress.
Family Disagreements
The loss of a loved one can sometimes intensify existing family tensions.
Beneficiaries may disagree about:
- The interpretation of a will or trust.
- Personal property distributions.
- Real estate decisions.
- Valuation of assets.
- Timing of distributions.
- Actions taken by the executor or trustee.
Clear communication and careful documentation often help reduce misunderstandings before they become significant disputes.
Creditor Claims
Executors and trustees must determine whether claims made against the estate or trust are valid before making distributions.
Paying debts in the proper order and following Pennsylvania’s legal requirements helps protect both the estate and the fiduciary responsible for administering it.
Ignoring creditor issues or distributing assets prematurely may create avoidable legal complications.
Real Estate
Real estate frequently represents one of the most valuable assets in an estate.
Administration may involve:
- Securing the property.
- Maintaining homeowner’s insurance.
- Arranging appraisals.
- Coordinating repairs.
- Selling the property.
- Transferring ownership to beneficiaries.
Each decision should be made carefully and documented appropriately.
Business Interests
When the deceased owned a business, administration becomes considerably more complex.
Executors and trustees may need to coordinate with accountants, financial advisors, business partners, and legal counsel to determine how ownership interests should be managed or transferred.
Advance estate planning can often simplify this process, but professional guidance remains invaluable when business assets are involved.
Tax Considerations
Depending on the size and nature of the estate, tax obligations may include income tax returns, fiduciary income tax returns, and Pennsylvania inheritance tax filings.
Meeting filing deadlines and understanding available deductions can help avoid unnecessary penalties and delays.
Because tax matters vary significantly from one estate to another, executors and trustees often benefit from coordinated legal and tax guidance throughout the administration process.
If you have questions about administering an estate or trust in Pennsylvania, contact Keystone Elder Law at (717) 697-3223 for experienced legal guidance.
How Keystone Elder Law Helps Executors, Trustees, and Beneficiaries
Administering an estate or trust can feel overwhelming, particularly for individuals serving in these roles for the first time. Many executors and trustees are surprised by the number of legal, financial, and administrative responsibilities involved.
At Keystone Elder Law, we work alongside families throughout Enola, Mechanicsburg, Camp Hill, Harrisburg, Hershey, Carlisle, and communities across Pennsylvania to provide practical guidance during every phase of estate and trust administration.
Guidance for Executors
Executors often have questions about probate procedures, legal deadlines, asset inventories, creditor notices, tax filings, and final distributions.
Our firm helps executors understand their responsibilities while providing guidance that promotes efficient administration and compliance with Pennsylvania law.
Assistance for Trustees
Trustees have continuing fiduciary obligations that require careful attention to both the trust document and applicable law.
We assist trustees with interpreting trust provisions, managing trust administration, communicating with beneficiaries, and navigating complex legal issues that may arise throughout the life of the trust.
Helping Beneficiaries Understand Their Rights
Beneficiaries are often uncertain about what to expect during the administration process.
We help beneficiaries understand how estates and trusts are administered, explain the legal process, and answer questions regarding distributions, timelines, and fiduciary responsibilities.
Our goal is to provide clear communication that helps families move through the administration process with confidence and peace of mind.
Whether you are serving as an executor, trustee, or beneficiary, Keystone Elder Law is here to help. Call (717) 697-3223 to schedule a consultation.
Common Mistakes Executors and Trustees Make
Serving as an executor or trustee is an important responsibility. Many individuals accept these roles because they were trusted by a family member or close friend, yet they may have little or no prior experience administering an estate or trust. Even well-intentioned fiduciaries can make mistakes that lead to delays, increased expenses, or disputes among beneficiaries.
Understanding some of the most common challenges can help executors and trustees fulfill their responsibilities more confidently while avoiding unnecessary complications.
Distributing Assets Too Early
One of the most common mistakes occurs when an executor or trustee distributes assets before all debts, taxes, and administrative expenses have been addressed.
While beneficiaries are often eager to receive their inheritance, Pennsylvania law requires certain obligations to be satisfied before final distributions are made. If assets are distributed too soon and additional liabilities arise later, the executor or trustee may face significant challenges in recovering funds that have already been distributed.
Patience during the administration process can help protect both the estate and the individual serving in a fiduciary capacity.
Failing to Maintain Accurate Records
Executors and trustees should maintain organized records from the very beginning of the administration process.
Important documentation may include:
- Bank statements
- Investment account records
- Receipts for estate expenses
- Property valuations
- Correspondence with beneficiaries
- Tax filings
- Distribution records
- Court filings, when applicable
Detailed records provide transparency, simplify accounting, and help answer questions that may arise months or even years later.
Mixing Estate or Trust Assets with Personal Assets
Estate and trust assets should always remain separate from an executor’s or trustee’s personal finances.
Opening appropriate estate or trust accounts, maintaining separate financial records, and avoiding personal use of estate assets are essential responsibilities. Keeping assets separate helps protect the integrity of the administration process and demonstrates compliance with fiduciary obligations.
Poor Communication with Beneficiaries
Many disputes arise not because an executor or trustee acted improperly, but because beneficiaries felt uninformed about what was happening.
Regular communication can often reduce misunderstandings and help beneficiaries develop realistic expectations regarding the administration timeline.
While not every decision requires beneficiary approval, keeping interested parties informed often promotes transparency and trust throughout the process.
Waiting Too Long to Seek Legal Guidance
Some executors and trustees attempt to administer an estate entirely on their own before consulting an attorney. By the time legal questions arise, correcting earlier mistakes may be more difficult and costly.
Seeking legal guidance early in the administration process allows fiduciaries to better understand their responsibilities and helps reduce the likelihood of avoidable errors.
If you have questions about your responsibilities as an executor or trustee, call Keystone Elder Law today at (717) 697-3223.
Why Families Choose Keystone Elder Law
Choosing the right attorney to assist with estate and trust administration is an important decision. Families often need more than legal documents—they need trusted guidance during one of life’s most challenging transitions.
At Keystone Elder Law, P.C., we are committed to helping families navigate estate and trust administration with professionalism, compassion, and personalized attention. We recognize that every estate is unique, and we tailor our legal advice to the specific circumstances of each client.
Personalized Legal Guidance
No two estates are exactly alike. Some involve straightforward asset distributions, while others include complex family dynamics, business interests, multiple properties, or ongoing trusts.
Our attorneys take the time to understand your family’s goals, explain the legal process in clear terms, and develop practical strategies that help move the administration process forward efficiently.
Experience with Pennsylvania Estate and Trust Law
Estate and trust administration is governed by Pennsylvania law and involves important legal procedures that must be followed carefully.
Our firm regularly assists executors, trustees, beneficiaries, and families with matters involving probate, trust administration, estate planning, elder law, Medicaid planning, and related legal concerns. Because these practice areas often overlap, we are able to provide comprehensive guidance that considers the broader picture rather than addressing isolated legal issues.
Compassionate Representation
We understand that estate administration typically begins after the loss of a loved one. Families are often grieving while simultaneously managing legal, financial, and administrative responsibilities.
Our goal is to reduce uncertainty by providing practical guidance, answering questions, and helping clients feel informed throughout the administration process. We believe that compassionate legal representation begins with listening carefully and taking the time to understand each family’s unique needs.
A Commitment to Education
Many clients tell us they simply want someone to explain the process in a way that is easy to understand.
We believe informed clients make better decisions. Throughout the administration process, we strive to educate executors, trustees, and beneficiaries about their legal rights and responsibilities so they can move forward with confidence.
If you would like experienced guidance during estate or trust administration, call Keystone Elder Law today at (717) 697-3223.
Serving Families Throughout Enola and Central Pennsylvania
Keystone Elder Law proudly serves individuals and families throughout Enola and the surrounding communities. Conveniently located in nearby Mechanicsburg, our firm regularly assists clients with estate and trust administration, probate matters, estate planning, elder law, Medicaid planning, and long-term care planning.
Families in Enola often seek our guidance after the passing of a loved one, when they have been named as an executor or trustee, or when they simply need help understanding the estate administration process. We are committed to providing clear legal guidance that helps clients navigate these responsibilities with confidence and peace of mind.
In addition to serving clients in Enola, we proudly assist families throughout Mechanicsburg, Camp Hill, Harrisburg, Hershey, Carlisle, and communities across Pennsylvania. While every family has different circumstances, many share the same goal of honoring a loved one’s wishes while ensuring the estate or trust is administered properly and efficiently.
Because estate and trust administration frequently intersects with other areas of law, including estate planning, elder law, asset protection, and Medicaid planning, our firm is able to provide comprehensive legal guidance that addresses both immediate needs and long-term planning objectives.
Whether you are beginning the probate process, administering a trust, or seeking answers about your responsibilities as an executor or trustee, Keystone Elder Law is here to help.
Speak with an experienced Estate & Trust Administration Attorney today by calling (717) 697-3223.
Trusted Guidance from an Enola Estate & Trust Administration Attorney
Administering an estate or trust is an important responsibility that requires careful attention to legal requirements, financial obligations, and the wishes of the individual who created the estate plan. While the process can seem overwhelming at first, experienced legal guidance can help simplify each step and provide reassurance during a difficult time.
Whether you have recently been appointed as an executor, accepted the role of trustee, or are a beneficiary with questions about the administration process, Keystone Elder Law is prepared to provide the knowledgeable legal support you need.
Our attorneys are dedicated to helping families throughout Enola, Mechanicsburg, Camp Hill, Harrisburg, Hershey, Carlisle, and communities across Pennsylvania navigate estate and trust administration with confidence. We understand that every family and every estate is different, which is why we provide personalized guidance designed to meet your specific goals and circumstances.
If you need assistance administering an estate or trust, we invite you to contact Keystone Elder Law to schedule a consultation. We are here to answer your questions, explain your legal options, and help you move forward with clarity and confidence.
Call (717) 697-3223 today to schedule your consultation and learn how Keystone Elder Law can help you through the estate or trust administration process.
Frequently Asked Questions for Estate & Trust Administration Attorneys
Q. What is estate administration?
A. Estate administration is the legal process of settling a deceased person’s affairs. This typically includes identifying assets, paying debts and taxes, notifying beneficiaries and creditors, distributing property, and closing the estate according to Pennsylvania law.
Q. What is trust administration?
A. Trust administration is the process of managing and distributing assets held in a trust after the trustee assumes responsibility. Trustees must follow the terms of the trust agreement while fulfilling their fiduciary duties to the beneficiaries.
Q. Does every estate have to go through probate in Pennsylvania?
A. No. Whether probate is required depends on the type of assets owned and how those assets were titled at the time of death. Certain assets may pass directly to beneficiaries outside of probate, while others may require probate administration.
Q. What are the responsibilities of an executor?
A. An executor is responsible for administering the probate estate, which may include locating the will, filing court documents, identifying assets, paying debts and taxes, communicating with beneficiaries, distributing property, and closing the estate.
Q. What are the responsibilities of a trustee?
A. Trustees manage trust assets according to the trust agreement. Their responsibilities often include protecting trust property, maintaining financial records, paying expenses, communicating with beneficiaries, and making distributions as directed by the trust.
Q. How long does estate administration take in Pennsylvania?
A. Every estate is different. The administration timeline depends on factors such as the complexity of the estate, the types of assets involved, creditor claims, tax matters, and whether disputes arise among beneficiaries.
Q. Can beneficiaries challenge an estate or trust?
A. In certain situations, beneficiaries or other interested parties may have legal rights to challenge aspects of an estate or trust. The availability of legal remedies depends on the specific facts and applicable Pennsylvania law.
Q. Should I hire an attorney if I have been named as an executor?
A. While Pennsylvania law does not always require an executor to hire an attorney, many executors choose to seek legal guidance to better understand their fiduciary responsibilities, comply with legal requirements, and reduce the likelihood of costly mistakes.
Q. Can Keystone Elder Law help with both probate and trust administration?
A. Yes. Keystone Elder Law assists families with probate administration, trust administration, estate planning, elder law, Medicaid planning, and related legal matters throughout Central Pennsylvania.
Q. Why should I work with an Estate & Trust Administration Attorney?
A. Estate and trust administration involves numerous legal responsibilities, deadlines, and financial obligations. Working with an experienced attorney can help executors, trustees, and beneficiaries understand the process, avoid common mistakes, and administer the estate or trust in accordance with Pennsylvania law.
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REGISTER HERE for LONG-TERM CARE PLANNINGPower of Attorney
A Power of Attorney can be used to give another person the right to sell a car, home, or other property in the place of the maker of the Power of Attorney. A Power of Attorney might be used to allow another person to sign a contract for the maker of the Power of Attorney (the person who makes a power of attorney is called the “principal”). It can be used to give another person the authority to make health care decisions, do financial transactions, or sign legal documents that the principal cannot do for one reason or another. With few exceptions, Powers of Attorney can give others the right to do any legal acts that the makers of the Powers of Attorney could do them themselves. A General Power of Attorney gives the “power of attorney Agent” or simply “Agent” (the legal name of the person who is authorized to act for the principal) very broad powers to do almost every legal act that the principal can do. When Elder Law Attorneys draft general Powers of Attorney, they still list the types of things the Agent can do but these powers are very broad. People often do general Powers of Attorney to plan ahead for the day when they may not be able to take care of things themselves. By doing the General Power of Attorney, they designate someone who can do these things for them.
Normal Powers of Attorney terminate if and when the principal becomes incompetent. Yet many people do Powers of Attorney for the sole purpose of designating someone else to act for them if they cannot act for themselves. It is precisely when persons can no longer do for themselves that a Power of Attorney is most valuable. To remedy this inconsistency, the law created a Durable Power of Attorney that remains effective even if a person becomes incompetent. The only thing that distinguishes a Durable Power of Attorney from a regular Power of Attorney is special wording that states that the power survives the principal’s incapacity. Even a Durable Power of Attorney, however, may be terminated under certain circumstances if court proceedings are filed. Most Powers of Attorney done today are durable.
Yes. At the time the Power of Attorney is signed, the principal must be capable of understanding the document. Although a Power of Attorney is still valid if and when a person becomes incompetent, the principal must understand what he or she is signing at the moment of execution. That means a person can be suffering from dementia or Alzheimer’s Disease or be otherwise incompetent sometimes but as long as they have a lucid moment and are competent at the moment they sign the Power of Attorney, it is valid even if they do not remember signing it at a later date. At the time it is signed, the principal must know what the Power of Attorney does, whom they are giving the Power of Attorney to, and what property may be affected by the Power of Attorney.
Any competent person eighteen years of age and older can serve as an agent. Certain financial institutions can also serve. There is no course of education that agent must complete or any test that Agent must pass. Because a Power of Attorney is such a potentially powerful document, agents should be chosen for reliability and trustworthiness. In the wrong hands, a Power of Attorney can be a license to steal. It can be a big responsibility to serve as an agent.
For Medicaid
Medicare is health insurance and covers medical services such as physician appointments, therapy, blood tests, x rays, medical procedures and hospitalization. Medicare will sometime pay for rehabilitation in a long-term care facility for a period of 20 to 100 days, but not longer. In long-term care, Medicaid covers the cost of ongoing support services for daily functioning, such as room and board in a nursing home.
Medicaid is a federal program that is overseen by the Center for Medicare and Medicaid Services (CMS). In Pennsylvania, Medicaid is called Medical Assistance and is administered by the Department of Human Services (DHS).
In Pennsylvania, Medicaid funds are not available to pay for assisted living or personal care.
For Medicaid to pay for care in a nursing home, an individual recipient must be determined to need a nursing home level of care by a physician and the local Office of Aging. An individual whose income is not greater than three times the poverty level may keep up to $8,000 of total resources, but may otherwise keep only $2,400. The cash value of life insurance counts as a resource, but one car and a residential home does not count as a resource.
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Keystone Elder Law
At Keystone Elder Law, we believe that the physical, social, legal, and financial considerations of our clients all intertwine. We utilize an interdisciplinary approach to evaluate each area, which allows for the creation of a plan that addresses the concerns of the individual as a whole as well as the family. To this end, our model of practice includes a Care Coordinator (usually a nurse or social worker), whose expertise complements our team of attorneys.
When the road of life is smooth, decisions about legal and financial matters are easy to push aside for “a rainy day.” Planning ahead, however, will allow for more options as you view the map of where you’ve been and where you want to go. Don’t let a crisis limit your choices or derail your plans.
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