Protect Your Future In Mechanicsburg With Thoughtful Estate Planning for Families Support
Families spend years building a life together. Whether you are raising young children, planning for college expenses, caring for aging parents, or preparing for retirement, every decision you make today can affect the people you love tomorrow. Estate planning is one of the most meaningful ways to protect your family’s future while ensuring your wishes remain clear during both expected and unexpected life events.
At Keystone Elder Law, P.C., we help families throughout Mechanicsburg and the surrounding Pennsylvania communities create personalized estate plans designed around their unique goals. No two families are exactly alike, which means no two estate plans should be identical. Your family’s financial situation, relationships, assets, health concerns, and long-term objectives deserve careful consideration before important legal documents are prepared.
Estate planning is about much more than distributing property after death. A properly designed plan can help your family avoid unnecessary legal complications, reduce uncertainty during medical emergencies, appoint trusted decision-makers, protect minor children, preserve family harmony, and provide confidence that your wishes will be respected.
Whether you are welcoming your first child, purchasing a home, growing your investments, or simply updating an outdated will, having an experienced estate planning attorney on your side can provide peace of mind for years to come.
If you’re ready to begin protecting your family’s future, call (717) 697-3223 to schedule a consultation with Keystone Elder Law, P.C.
Why Estate Planning Matters for Every Family
Every Family Has Something Worth Protecting
Many people mistakenly believe estate planning is only necessary for wealthy individuals. In reality, nearly every family owns assets, has financial responsibilities, or has loved ones who would be affected if something unexpected occurred.
For some families, those assets include a home, retirement accounts, life insurance policies, savings accounts, and personal belongings. Others may have small businesses, investment properties, family heirlooms, or future inheritances. Even families with modest estates often have important legal decisions that should be made in advance.
Estate planning creates a roadmap that allows your loved ones to understand your wishes instead of making difficult decisions during emotionally stressful times. Without clear legal documents, family members may face unnecessary court involvement, delays, disagreements, and uncertainty.
Rather than leaving important decisions to Pennsylvania’s default laws, a customized estate plan allows your voice to remain part of every major decision affecting your family.
Protect your loved ones before a crisis occurs. Contact Keystone Elder Law, P.C. today by calling (717) 697-3223 to begin building an estate plan designed specifically for your family.
Estate Planning Is About More Than Passing Down Assets
When most people hear “estate planning,” they immediately think about writing a will. While wills remain an important component of many estate plans, they represent only one piece of a much larger legal strategy.
Comprehensive estate planning addresses questions such as:
- Who will make healthcare decisions if you cannot?
- Who will manage your finances during incapacity?
- Who should care for your children?
- How should your assets be distributed?
- Can your estate avoid unnecessary probate?
- How can family conflicts be minimized?
- What protections should exist for vulnerable beneficiaries?
These questions become especially important for families with children, aging parents, blended households, business interests, or significant financial assets.
The goal is not simply transferring wealth. The goal is preserving stability for everyone you care about.
If you want an estate plan that looks beyond a simple will, Keystone Elder Law, P.C. can help you develop a comprehensive legal strategy. Call (717) 697-3223 today.
Planning Before You Need It Creates Better Outcomes
Many families delay estate planning because they believe there will always be more time. Unfortunately, illness, accidents, or unexpected life changes rarely arrive on a convenient schedule.
Creating an estate plan while you are healthy and able to make informed decisions allows you to carefully consider every choice without unnecessary pressure. Instead of your family scrambling to understand your wishes during a crisis, they will already have legally enforceable guidance available.
Planning ahead also allows documents to be reviewed periodically as your family grows. Marriage, divorce, births, adoptions, career changes, retirement, and inheritance all represent opportunities to update your estate plan.
The earlier you begin planning, the more options may be available for protecting your family’s future.
Don’t wait until an emergency forces important decisions. Speak with Keystone Elder Law, P.C. today by calling (717) 697-3223.
Building an Estate Plan That Grows With Your Family
Estate Planning Should Evolve Throughout Life
Families rarely remain the same over decades. Children become adults. Careers develop. Homes are purchased. Retirement approaches. Grandchildren arrive. Health circumstances change.
Because your life evolves, your estate plan should evolve as well.
Many people create a will after their first child is born but never revisit it. Years later, the plan may no longer reflect current financial circumstances, family relationships, or legal objectives.
A modern estate plan should be viewed as a living strategy rather than a one-time transaction. Periodic reviews help ensure every document continues reflecting your current wishes while remaining consistent with Pennsylvania law.
Regular updates also reduce the likelihood of outdated beneficiary designations, obsolete fiduciary appointments, or unintended consequences that could arise years later.
If it has been several years since your estate plan was reviewed, Keystone Elder Law, P.C. can help ensure it still protects your family. Call (717) 697-3223 today.
Planning for Both Expected and Unexpected Life Events
No family can predict the future with certainty. Estate planning provides flexibility to prepare for circumstances that may never occur while ensuring your family remains protected if they do.
Unexpected disability, serious illness, long-term care needs, financial hardship, or sudden death can dramatically alter a family’s stability. Legal planning helps reduce uncertainty by identifying trusted individuals who can step into decision-making roles if necessary.
Rather than forcing loved ones to seek court intervention during already difficult times, estate planning creates legally recognized authority before emergencies develop.
The confidence that comes from thoughtful preparation often provides significant peace of mind for both parents and adult children alike.
Your family’s future deserves proactive planning. Keystone Elder Law, P.C. is ready to help you prepare for life’s uncertainties. Call (717) 697-3223 today.
Personalized Planning Creates Better Protection
Online estate planning forms often promise quick solutions at minimal cost. However, families frequently discover that generic documents fail to account for their unique circumstances.
Every family presents different considerations.
Some have children with disabilities.
Some own family businesses.
Others have blended families, inherited property, charitable goals, vacation homes, investment portfolios, or aging parents requiring assistance.
Effective estate planning recognizes these individual circumstances instead of relying on standardized templates.
Working with an experienced estate planning attorney allows legal documents to reflect your family’s specific priorities while minimizing potential legal complications in the future.
Your family deserves more than a one-size-fits-all solution. Schedule a consultation with Keystone Elder Law, P.C. by calling (717) 697-3223.
The Value of Working With an Estate Planning Attorney in Mechanicsburg
Pennsylvania estate laws contain numerous rules affecting probate, inheritance, powers of attorney, healthcare directives, trusts, and estate administration. Understanding how these laws interact with your family’s goals requires careful legal analysis.
Working with a local estate planning attorney provides guidance tailored to Pennsylvania law while considering your family’s unique needs and long-term objectives.
At Keystone Elder Law, P.C., families receive personalized attention designed to create practical, understandable estate plans that help protect what matters most.
Whether your estate is simple or complex, thoughtful legal planning today can make tomorrow significantly easier for your loved ones.
For more information about comprehensive estate planning services, visit the firm’s Mechanicsburg Estate Planning Attorney page.
Have questions about protecting your family? Call Keystone Elder Law, P.C. today at (717) 697-3223 to schedule a consultation.
Wills and Trusts: Building the Foundation of a Family Estate Plan
Why Every Family Should Have a Legally Valid Will
A last will and testament remains one of the most important legal documents a family can create. While it is only one component of a comprehensive estate plan, a properly drafted will provides clear instructions regarding how your assets should be distributed after your death and allows you to appoint trusted individuals to carry out your wishes.
Without a valid will, Pennsylvania’s intestacy laws determine who inherits your property. Those laws may not reflect your personal intentions or your family’s unique circumstances. Even among close families, uncertainty about inheritance can create confusion, delays, and disagreements that may have been entirely avoidable with proper planning.
For parents of young children, a will serves another critical purpose by allowing them to nominate a guardian. Although a court ultimately makes the final determination based on the child’s best interests, your nomination provides valuable guidance regarding who you believe should care for your children if both parents are no longer able to do so.
A well-prepared will can also identify the person responsible for administering your estate, commonly referred to as the executor. Selecting someone who is organized, trustworthy, and capable of handling financial responsibilities can help make the estate administration process smoother for surviving family members.
While many people think writing a will is a task that can wait until later in life, unexpected events can happen at any age. Creating this document early allows you to make thoughtful decisions while you have complete control over the process, and it can be updated whenever major life changes occur.
Understanding When a Trust May Benefit Your Family
Many families ask whether they need a trust in addition to a will. The answer depends on several factors, including the types of assets you own, your long-term goals, family dynamics, and how you would like your estate administered.
A revocable living trust can offer flexibility during your lifetime while helping simplify the transfer of assets after death. Assets properly titled in the trust may avoid probate, allowing beneficiaries to receive property more efficiently and with greater privacy than assets distributed solely through a will.
Trusts can also provide ongoing management of assets for beneficiaries who may not yet be prepared to handle an inheritance independently. For example, parents often prefer to stagger distributions to young adult children rather than leaving a substantial inheritance outright at age eighteen.
Families with loved ones who have disabilities, beneficiaries experiencing financial challenges, or individuals who simply desire additional oversight often find trusts to be valuable planning tools. Rather than treating every beneficiary identically, a trust allows customized instructions that reflect each person’s circumstances.
Even families with relatively modest estates may benefit from trust planning depending on their objectives. Estate planning should never be viewed as one-size-fits-all. Instead, every recommendation should be based on your family’s goals, relationships, and financial picture.
Choosing the Right People for Important Roles
An estate plan is only as effective as the individuals selected to carry out your wishes. Choosing the right people for these responsibilities deserves careful consideration.
Your executor, trustee, financial agent, healthcare agent, and guardians should all be individuals you trust completely. These roles require responsibility, sound judgment, integrity, and the willingness to act in the best interests of your family.
Many people automatically choose the oldest child or closest relative without considering whether that individual has the time, temperament, or organizational skills necessary for the role. Sometimes another family member, or even a trusted professional fiduciary, may be a better choice depending on the circumstances.
It is also wise to name successor individuals in case your original selections become unable or unwilling to serve. Life circumstances change, and having alternate appointments helps ensure your estate plan continues functioning as intended.
Regularly reviewing these appointments is just as important as reviewing the documents themselves. Relationships evolve, health changes, and people relocate. Periodic updates help keep your estate plan aligned with your current wishes.
Avoiding Common Estate Planning Mistakes
Families frequently make the mistake of believing that simply signing legal documents completes the estate planning process. In reality, effective planning also requires keeping beneficiary designations current, properly titling assets, and ensuring all components of the estate plan work together.
For example, retirement accounts and life insurance policies often transfer according to beneficiary designations rather than the instructions contained in a will. If those designations are outdated, the results may not reflect your current intentions.
Another common issue involves purchasing new property after creating an estate plan without updating ownership documents or trust funding. Likewise, marriages, divorces, births, adoptions, and deaths within the family should all prompt a review of existing estate planning documents.
Families should also avoid relying solely on handwritten notes or verbal promises. While conversations with loved ones about your wishes are valuable, legally enforceable documents provide the clarity and authority needed when important decisions must be made.
Working with an experienced estate planning attorney helps identify these issues before they create unnecessary complications for your family.
If you’re ready to create or update a will or trust that reflects your family’s goals, Keystone Elder Law, P.C. can help you develop a comprehensive estate plan tailored to your needs. Contact the firm through the Contact Page or call (717) 697-3223 to schedule a consultation.
Planning for Incapacity Before a Crisis Happens
Financial Powers of Attorney Protect Your Family During Incapacity
Estate planning is not only about what happens after death. One of its most valuable functions is preparing for situations where you remain alive but are unable to make decisions for yourself due to illness, injury, or cognitive decline.
A Financial Power of Attorney allows you to appoint someone you trust to manage financial matters on your behalf if you become incapacitated. Depending on how the document is drafted, your chosen agent may be authorized to pay bills, manage investments, communicate with financial institutions, handle real estate transactions, file tax documents, and oversee many other financial responsibilities.
Without this legal authority, family members often discover they cannot simply step in and manage a loved one’s affairs. Instead, they may be required to pursue court-appointed guardianship proceedings, which can be time-consuming, expensive, and emotionally stressful.
Choosing an agent is a significant decision. The person you appoint should possess financial responsibility, honesty, and the willingness to act solely in your best interests. Many people also designate one or more successor agents to ensure someone is available if the primary choice cannot serve.
Creating a Financial Power of Attorney before it becomes necessary provides your family with valuable flexibility should unexpected circumstances arise.
Healthcare Powers of Attorney and Advance Directives
Medical emergencies can place enormous emotional pressure on families. When no healthcare planning documents exist, loved ones may struggle to determine what treatments you would have wanted or who has legal authority to make decisions.
A Healthcare Power of Attorney allows you to appoint someone to make medical decisions if you cannot communicate your wishes yourself. This individual becomes your advocate, working with physicians and healthcare providers to ensure your preferences are respected.
Many estate plans also include an Advance Healthcare Directive, which outlines your preferences regarding certain medical treatments, life-sustaining care, and end-of-life decisions. While no document can anticipate every possible medical circumstance, providing guidance can significantly reduce uncertainty for your loved ones.
Open communication with your appointed healthcare agent is equally important. Discussing your values and priorities ahead of time helps ensure they understand not only your legal instructions but also the principles that should guide difficult decisions.
Planning for incapacity is one of the greatest gifts you can give your family. Instead of wondering what you would have wanted, they can focus on supporting one another during challenging times.
Protecting Your Family From Guardianship Proceedings
When no valid powers of attorney exist, families sometimes have no choice but to petition the court for guardianship if a loved one loses decision-making capacity.
Guardianship proceedings can require medical evaluations, court hearings, legal filings, and ongoing reporting obligations. Even when everyone agrees that guardianship is necessary, the process can consume valuable time during an already stressful period.
Comprehensive estate planning often helps families avoid this situation by placing decision-making authority into the hands of trusted individuals before incapacity occurs.
Although every circumstance is different, proactive legal planning generally provides greater flexibility and privacy than relying on court intervention after a crisis develops.
Families who address incapacity planning early often experience significantly fewer legal obstacles when unexpected health issues arise later.
Peace of Mind Comes From Preparation
One of the greatest benefits of estate planning is the confidence it provides. Knowing that important legal documents are in place allows families to focus less on uncertainty and more on enjoying time together.
Life is unpredictable, but thoughtful preparation creates stability during periods of change. Whether your family faces an unexpected illness, an accident, or simply the natural aging process, having a well-designed estate plan can make difficult situations more manageable.
Estate planning is ultimately an investment in your family’s future. It reflects careful planning, responsible decision-making, and a commitment to protecting the people who matter most.
If you have questions about Financial Powers of Attorney, Healthcare Directives, or other incapacity planning tools, Keystone Elder Law, P.C. is ready to help. Call (717) 697-3223 to schedule a consultation and begin building a plan that provides lasting peace of mind for your family.
Protecting Minor Children Through Thoughtful Estate Planning
Naming a Guardian for Your Children
For parents, one of the most important aspects of estate planning is deciding who would care for their children if both parents were to pass away or become unable to provide care. While no legal document can replace a parent, a well-prepared estate plan allows you to express your wishes regarding who should assume this important responsibility.
Without a valid will that nominates a guardian, the court may ultimately determine who will care for your children based on Pennsylvania law and what it believes is in the child’s best interests. Although the court carefully evaluates each situation, making your preferences known through legally valid documents provides valuable guidance.
Choosing a guardian involves much more than selecting a close relative. Parents often consider factors such as shared values, parenting style, financial stability, location, relationships with the children, health, age, and willingness to serve in this role. It is also wise to speak with the individuals you are considering before naming them to ensure they understand and accept the responsibility.
Many parents also choose one or more alternate guardians in case their first choice is unable or unwilling to serve. Reviewing these appointments periodically helps ensure they continue reflecting your family’s circumstances as relationships and life situations evolve.
Providing Financial Security for Your Children
Protecting children extends beyond deciding who will raise them. Parents should also consider how financial resources will be managed if an inheritance is received while children are still minors.
Rather than distributing assets directly, many families establish trusts or other planning tools that allow funds to be managed responsibly until children reach appropriate ages or milestones. These arrangements can provide flexibility while protecting assets from unnecessary misuse.
Parents often wish to ensure that inherited funds are available for meaningful purposes such as education, healthcare, housing, career development, or other significant life events. Customized planning can establish guidelines that reflect your family’s priorities while still allowing flexibility if circumstances change.
Every family’s financial picture is different. Whether your estate consists primarily of a home and retirement accounts or includes investment properties and business interests, careful planning helps ensure your assets continue supporting your children’s future.
Preparing for Life’s Unexpected Changes
Family life rarely remains static. New children are born, families relocate, careers change, assets grow, and relationships evolve over time. Estate planning should grow alongside those changes.
Parents should consider reviewing their estate plans after significant milestones such as:
- The birth or adoption of a child
- Marriage or remarriage
- Divorce
- Purchasing a home
- Starting or selling a business
- Receiving a substantial inheritance
- Significant changes in financial circumstances
- Major health events
Regular reviews help ensure beneficiary designations, guardianship nominations, trusts, powers of attorney, and other estate planning documents continue reflecting your family’s goals.
Planning ahead provides confidence that your family will be protected regardless of what the future may hold.
If your family has grown or your circumstances have changed, now is an excellent time to review your estate plan with Keystone Elder Law, P.C. Call (717) 697-3223 to schedule a consultation.
Understanding Probate and Estate Administration in Pennsylvania
What Is Probate?
Probate is the legal process through which a deceased person’s estate is administered. Depending on the nature of the assets involved, probate may include validating a will, identifying estate property, paying debts, satisfying tax obligations, and distributing assets to beneficiaries.
Many families are unfamiliar with probate until they experience the loss of a loved one. During an already emotional time, learning legal procedures and deadlines can become overwhelming.
While probate serves an important legal purpose, thoughtful estate planning can often simplify the administration process and, in certain circumstances, reduce the assets that must pass through probate.
Understanding how your assets are owned and how they will transfer is an important part of creating a comprehensive estate plan.
Planning Can Help Simplify the Process
One goal of comprehensive estate planning is making life easier for surviving loved ones.
Depending on your circumstances, strategies such as properly funded trusts, beneficiary designations, joint ownership arrangements, and coordinated estate planning documents may help streamline the transfer of assets.
Every family’s estate is unique. What works well for one household may not be appropriate for another. Rather than relying on generalized advice, individualized legal guidance helps ensure planning strategies align with your family’s goals while complying with Pennsylvania law.
Even when probate cannot or should not be avoided, careful planning can still make the overall administration process more organized and efficient.
Helping Families Through Difficult Times
Estate planning is ultimately about reducing uncertainty.
When clear legal documents exist, family members often spend less time trying to determine what their loved one wanted and more time supporting one another.
Proper planning can reduce misunderstandings, clarify responsibilities, organize important information, and provide trusted decision-makers with the legal authority they need to carry out your wishes.
Although no legal plan can eliminate grief, it can remove many of the avoidable legal complications that families often encounter following the loss of a loved one.
Families throughout Mechanicsburg appreciate having a plan that provides structure during life’s most difficult moments.
If you’d like to better understand how estate planning may help simplify future estate administration, Keystone Elder Law, P.C. is here to help. Call (717) 697-3223 to schedule a consultation.
Keep Your Estate Plan Current as Your Family Changes
Estate Planning Is an Ongoing Process
One of the most common misconceptions about estate planning is that it only needs to be completed once. In reality, your estate plan should evolve as your life evolves.
As families grow and circumstances change, your legal documents should continue reflecting your current wishes rather than decisions made years or even decades earlier.
Reviewing your estate plan every few years—or sooner after major life events—helps ensure it continues serving your family effectively.
When Should You Update Your Estate Plan?
While every family’s situation is unique, there are several circumstances that commonly warrant a review of your estate planning documents.
Marriage, divorce, the birth of children or grandchildren, retirement, changes in financial circumstances, relocation, business ownership changes, significant health diagnoses, or the death of a named executor, trustee, or beneficiary are all excellent reasons to revisit your plan.
Even if none of these events has occurred, changes in Pennsylvania law or federal law may affect aspects of your estate plan over time. Periodic legal reviews can identify opportunities for improvement while confirming that your documents continue accomplishing your objectives.
An updated estate plan provides confidence that your wishes remain accurately documented and legally enforceable.
Working With a Trusted Local Estate Planning Attorney
Estate planning is one of the most personal legal services you will ever receive. Every family has unique goals, concerns, relationships, and financial circumstances that deserve individualized attention.
At Keystone Elder Law, P.C., families throughout Mechanicsburg receive personalized guidance designed to create practical, comprehensive estate plans that reflect their values and long-term objectives.
Whether you are creating your very first estate plan or updating documents prepared years ago, experienced legal guidance can help ensure every important detail is considered.
The firm’s educational Blog also provides helpful information about estate planning, elder law, and related legal topics that may assist you as your planning needs evolve.
If it has been several years since your estate plan was reviewed—or if you have never created one—this is an excellent opportunity to take the next step toward protecting your family’s future. Call (717) 697-3223 to schedule your consultation.
Why Work With Keystone Elder Law for Estate Planning?
Every family deserves the peace of mind that comes from knowing important legal decisions have been thoughtfully planned in advance. Estate planning is not simply about preparing documents—it is about protecting the people you love, preserving the assets you have worked hard to build, and providing clear guidance during life’s most challenging moments.
Whether your goals include protecting young children, avoiding unnecessary complications, planning for incapacity, preserving family harmony, or ensuring your wishes are carried out according to Pennsylvania law, a customized estate plan can provide lasting benefits for generations to come.
At Keystone Elder Law, P.C., we understand that every family has its own story. That is why we take the time to understand your goals before developing an estate planning strategy tailored specifically to your needs. From wills and trusts to powers of attorney and long-term planning, our team is committed to helping families throughout Mechanicsburg make informed decisions with confidence.
Don’t wait until an unexpected event forces difficult decisions. Take the opportunity today to create or update an estate plan that protects the people who matter most.
Contact Keystone Elder Law, P.C. today through our website or call (717) 697-3223 to schedule your consultation and begin building an estate plan designed for your family’s future.
Family Estate Planning FAQ’s for Lawyers in Mechanicsburg, PA
Q. When should young parents create an estate plan?
A. As soon as you have children, own property, or begin building financial assets, creating an estate plan becomes an important step toward protecting your family’s future.
Q. How often should I review my estate plan?
A. Many families benefit from reviewing their estate plan every three to five years or sooner after major life events such as marriage, divorce, births, deaths, retirement, or significant financial changes.
Q. Does every family need a trust?
A. Not necessarily. Some families benefit greatly from trusts, while others may accomplish their goals with other estate planning tools. The right approach depends on your specific circumstances and objectives.
Q. What happens if I pass away without a will in Pennsylvania?
A. Pennsylvania’s intestacy laws determine how your estate is distributed, which may not reflect your personal wishes or your family’s needs.
Q. Can I update my will after it has been signed?
A. Yes. Estate planning documents should be reviewed and updated whenever significant changes occur in your family, finances, or long-term goals.
Q. Why are powers of attorney so important?
A. Powers of attorney allow trusted individuals to make financial or healthcare decisions if you become unable to act for yourself, often avoiding unnecessary court involvement.
Q. How do beneficiary designations affect my estate plan?
A. Assets such as retirement accounts and life insurance policies often transfer according to their beneficiary designations rather than your will, making regular reviews essential.
Q. Should both spouses have separate estate planning documents?
A. Although many married couples create coordinated estate plans together, each spouse generally needs individual legal documents such as wills, powers of attorney, and healthcare directives.
Q. Can estate planning help reduce family disagreements?
A. Clear legal documents and thoughtful planning frequently reduce misunderstandings by clearly expressing your wishes and identifying trusted decision-makers.
Q. Why should I work with a local Mechanicsburg estate planning attorney?
A. A local attorney understands Pennsylvania estate planning laws and can provide personalized guidance based on your family’s specific needs while helping ensure your documents comply with current legal requirements.
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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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