Understanding Medicaid Spend Downs and How They Work for You

If you think you or your loved ones might need Medicaid to help cover the cost of future medical bills, now is the time to start preparing. In 2005, Congress passed the Deficit Reduction Act. This Act mandates a review of the applicant’s financials for the past five years in order to determine Medicaid eligibility. Although the Act was created to ensure only the people who truly need financial help receive it, its Read More

4 Elder Abuse Red Flags to Watch Out For

When your elderly loved ones need long-term care, it's natural to want the best for them. You expect their nursing home, assisted living facility, or board and care home to provide a high standard of care for them—and rightly so. Still, you should be aware that many older people are tragically subjected to elder abuse in long-term care facilities across the country. To make sure your loved ones are safe from Read More

To Litigate or Not to Litigate: When to Use Arbitration or Mediation

It's often wise to avoid litigation when you can, especially because the trial process can be a huge strain on your time, your finances, and your emotional well-being. It's also public and unpredictable, even if you have an outstanding lawyer and a strong case. Alternative dispute resolution (ADR) is an excellent way to save time and money and put the control back in your hands. Two particular forms of ADR are Read More

A Brief Guide to the Minnesota Probate Process

The death of a loved one or relative can be hard enough without the added stress of figuring out what to do with the person’s estate. Fortunately, Minnesota has a solution: probate. Put simply, probate is the process by which the will of the deceased is put into action, or in the absence of a will, the deceased’s estate is divvied up amongst his or her heirs. Probate is particularly important where real property is Read More

Guardianship vs. Conservatorship: What’s the Difference?

To guard and to conserve seem to be two sides of the same coin. From a semantic perspective, this is possibly an exercise in hair splitting. From a legal perspective, there is definitely a difference. Here’s how guardianship and conservatorship differ from each other. Guardianship In essence, guardianship gives another person control over your personal affairs should you become incapacitated. Guardianships can Read More

Understanding Guardianship in Minnesota

Put simply, guardianship is a legal device whereby an adult who is capable of handling their own affairs is put in charge of handling the affairs of someone who cannot take care of themselves. The most common form of guardianship involves parents who are the guardians of their minor children—they make decisions regarding the child’s well-being, education, and health care. The lesser-known but equally important Read More

Understanding the Dangers of Self-Help Estate Planning

People thinking about estate planning today have more decisions to make than ever before. There are many different estate planning tools that need to be considered, and it is important that you choose how your estate planning is done. It wasn’t too long ago that the only real option for estate planning was to work with an attorney. Today there are lots of ‘do it yourself’ estate planning options out there (e.g. Read More