We’re over half way through the year…have you done your estate planning yet?

  1. Land Trust – documentation used to simplify the transference of real estate upon one’s death. There are three important elements to a Land Trust:
  • The beneficial owner (the current owner(s) of the property)
  • The holder of the power of direction (the party with the power to direct the trustee to act)
  • The contingent beneficiary (the party who will inherit the property upon the owner’s death)
  1. Healthcare Power of Attorney – A Power of Attorney for Healthcare document allows a person, called the principal, to delegate another person, called the agent (a trusted friend or family member), the power to make decisions regarding healthcare that the principal is unable to make. The agent, who does not need to be an attorney, will speak for the principal and make decisions according to the principal’s wishes even when the principal is physically or mentally incapacitated.
  1. Durable (Property) Power of Attorney – A Power of Attorney for Property is a way for you to decide in advance who will handle, your financial affairs if you are not able to act on your own in the future. Executing this document will save your family from the burden of having to make financial decisions without knowing your wishes. It gives you (rather than for courts) more control over your life. For example, you may want to have the power to authorize real estate and stock transactions; to handle banking, tax or other types of business matters; to represent you in court; or to address other types of legal claims.

With these three documents, you can solidify your family’s future without the interruptions of probate court.

Warning Signs of Nursing Home Neglect

Nursing Home Neglect is a form of substandard care, or a breach of duty, that causes harm to the patient. The actions of the caregiver must be expected to cause harm to the resident who has been neglected. Neglect can be subtle and progress over time. Here are the types of neglect most often seen in nursing facilities.

TYPES OF NURSING HOME NEGLECT

  • Medical neglect. Failure to attend and adequately prevent medical concerns of the resident, including provisional care for all medical conditions.
  • Neglect of Basic Needs. Failure to provide sufficient basic resources including food and water.
  • Neglect of Personal Hygiene. Nursing home residents do not have adequate assistance with cleaning, brushing their teeth, laundry, bathing or other hygiene practices.
  • Social or Emotional Neglect. Where the staff members repeatedly ignore the patient, leave them unattended to hours at a time or use verbally dismissive and aggressive language.

SIGNS OF NURSING HOME NEGLECT

  • Substandard care as evidenced by bedsores and frequent infections.
  • Sudden weight loss, in elderly who require feeding assistance.
  • bedsore or pressure ulcers at various stages of severity from failure to adequately turn the resident.
  • unexplained falls resulting in injuries.
  • Dehydration from failure to adhere to patients basic needs.
  • Withdrawn behavior in the resident or abnormal changes in their behavior
  • Failing to sustain friendly interaction with their fellow nursing facility residents
  • Alterations in appearance or personal hygiene, lack of personal hygiene.
  • The presence of environmental hazards, such as slippery floors, bad lighting, unsafe wheelchairs and walkers and unsafe furniture in the nursing facility resident’s room

If you suspect or have witnessed any of these warning signs with yourself or a loved one. DON’T HESITATE contact our office at (773) 721-3333.

Warning Signs of Nursing Home Abuse

Elderly family members are more at risk than any other demographic for Nursing Home Abuse, approximately one and three patients are abused while in the care of a nursing facility. Here are the sign to look for if you suspect abuse of yourself or a loved one. Remember, the signs of abuse can be subtle so be alert when visiting family members and visit often. Even if the mental health of the family member is declining, all claims of abuse and neglect should be investigated and taken seriously.

PHYSICAL ABUSE

  • Unexplained broken bones, dislocations or sprains
  • Bruising, scars or welts
  • Improper medication use
  • Rope marks on the wrist
  • Broken eyeglasses
  • Aggressive behavior towards caregiver when left alone with family member

EMOTIONAL ABUSE

  • Unusual behavior similar to symptoms of dementia, including mumbling behaviors, sucking one’s thumb, or rocking behaviors.
  • Abuse language,belittling, controlling or threatening behavior on the part of the caregiver.
  • Reserved or resistant behavior from loved one.

SEXUAL ABUSE

  • Unexplained STDs or other infections and symptoms
  • Bruising near the genitals or around the breasts
  • Stained, bloody or torn undergarments
  • Bleeding in genital areas unrelated to a medical condition

If you suspect or have witnessed any of these warning signs with yourself or a loved one. DON’T HESITATE contact our office at (773) 721-3333.

What is Nursing Home Abuse & Neglect?

What is nursing home abuse? Nursing home abuse and neglect means the caregiver intends to harm the elderly person, nursing home abuse is a form of sub-standard care, or a breach of duty, that causes harm to the patient. The actions of the caregiver must be expected to cause harm to the resident who has been abused.


What are the warning signs of nursing home abuse? Nursing home neglect is similar to nursing home abuse in many ways, but they are not the same. While nursing home abuse implies a specific intent to harm the elder, nursing home neglect is defined as a breach of duty or form of sub-standard care that results in harm to the patient. The breach of duty or sub-standard care must be a reasonably foreseeable outcome of the nursing home’s negligent actions.

What is nursing home neglect? nursing home neglect is a form of substandard care, or a breach of duty, that causes harm to the patient. The actions of the caregiver must be expected to cause harm to the resident who has been neglected. If you or a loved one suspects or suffered abuse and neglect, DON’T HESITATE contact our office for a consultation (773) 721-3333

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We’re in The Chicago Defender!

📰EXTRA! EXTRA! READ ALL ABOUT IT! 📰Check out this week’s The Chicago Defender to find out the good news about Estate Planning written by our office available everywhere TODAY! We will be contributing pertinent information on estate planning on a weekly basis! #thechicagodefender #estateplanningmatter 🗞

We will be contributing weekly, so stay tuned!!!

Make 2019 a productive year: How to get your affairs in order

Make 2019 a Productive Year!

Here’ s a list of things you need to complete this year to get your affairs in order.

1.) Find out how much your home is worth – you don’t need an appraisal to do this, you can find out this information online through the property tax portal.

2.) Find out how much is owed on your home – this will help you create realistic goals for paying off your home.

3.) Pay off your mortgage – if possible, or plan to pay it off sooner than later.

4.) Find out your personal net worth – retrieve bank statements from all your financial institutions and find out how much you currently have saved.  This will help you set goals for better saving habits.  

5.) Update your beneficiaries on all your financial accounts – this can be done at your financial institutions for free. 

6.) Get ahold of your credit card debt  – retrieve an updated statement and make a plan to pay it down or off. 

7.) Organize all important documents – this will prevent chaos in an emergency situation, make sure your folders are labeled and in a fireproof lockbox.  Also, let your family know where to find these documents just in case they need access to them.

8.) Prioritize your health this year – take time to get a regular check up, go to the dentist or get that pain checked out that you’ve been neglecting.

9.) Be kind to someone in 2019- often times we forget about others, take this year to make amends with friends or family and help someone in need.

10.) Protect your home – prioritize your estate planning and protect your assets. 

Estate Planning is the new sexy!

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What is a Living Trust? Do I need one?

 

What is a Living Trust? Do I need it?

What is a Living Trust? 

A Living Trust is a written legal document through which your assets are placed into a trust for your benefit during your lifetime and then transferred to designated beneficiaries at your death by your chosen representative, called a “Successor Trustee.” A Living Trust cannot be contested in court like a will, what’s written in the trust is much more secure.

 

What are the advantages? 

1. A living trust, AVOIDS probate, which often means a faster distribution of assets to your heirs—from months or years with a will down to weeks with a living trust. Your successor trustee will pay your debts and distribute your assets according to your instructions.

2. While a Living Trust is costlier to draft, it saves your estate thousands of dollars in probate court fees as the distribution of assets in the trust will NOT go through probate.

3. As a living trust is not made public, upon your death, your estate will be distributed in private. A will, on the other hand, is public record and so all transactions will be public as well.

 

Do I need a Living Trust?

Here’s a few things to consider when determining whether is Living Trust is right for you or not. A Living Trust is not mandatory when establishing an estate plan, but, if you’ve accumulated a substantial financial saving over a lifetime; a Living Trust is necessary. The first thing to consider is your financial standings, simply, the more money you have, the more you should protect it with a Living Trust.  Speak to your estate planning Attorney how you’d like the finances delegated.

I’ve been involved in a accident…What happens now?

I’ve been involved in a accident…what happens now?

When involved in an accident your well-being is most the important aspect and we will fight to ensure your physical and emotional injuries are compensated. A personal injury accident can result in any of the following injuries:

• Loss of income (current or future income)
• Permanent or temporary physical impairment
• Decreased quality of life
• Overall pain and suffering

Do I have a case?
you should begin by asking yourself three basic questions: First, did you suffer a personal injury and not just property damage? Second, were your injuries caused by the negligence of another person or entity? Finally, do you have recoverable damages? If the answer to all three questions is “yes,” you may be able to obtain financial compensation for your injuries by bringing a personal injury lawsuit.

 

                                                                                          Here’s some basic do’s and dont’s when dealing with a personal injury situation.

DO…..

1. DO report your accident as soon as possible.

2. DO seek medical attention for any injuries.

3. DO gather as much information as you can about the accident.

4. DO respond promptly to any insurance company request for information.

5. DO contact a personal injury attorney .

DON’T…..

1. Volunteer information to your insurance company regarding your claim.

2. Give your insurance company any recorded statement without talking to your Attorney first.

3. DO NOT admit fault.

4. Do not negotiate directly with the other driver.

5. DON’T accept or sign any settlements from any insurance companies before speaking to an attorney.

 

Contact our office when dealing with a personal injury matter (773) 721-3333.

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Guidelines for having “The Talk” about Estate Planning

 

Guidelines for having “The Talk” with your parents about Estate Planning

Have you had “THE TALK” with your parents about their estate plans? If not, don’t worry you’re not alone. 34% of parents haven’t had a detailed conversation with their adult children about their living expenses in retirement 43% of parents said they haven’t had detailed discussions about their long-term-care plans, according to a survey of 221 parents (age 55+) and their adult children, conducted by Fidelity Investments. Here’s some questions to ask first when talking to your family.

1. Have you done any Estate Planning thus far? – Ask this question first, you might be surprised by the answer, many parents have started the process but need guidance completing it. This provides a great head start if some documents have already been drafted. You can now steer the conversation towards updating and amending them.

2. If you haven’t started Estate Planning yet, what do you have in mind? – Make it clear from the beginning your intentions are only to help and care for your parents. Make it clear they still have control over their own decisions.

3. Have you considered contacting an estate planning Attorney? – You can do some research on this before having the conversation with your parents. If might be helpful to even provide some insight on attorneys in the area you’ve sought out already.

4. What are your plans post retirement? – This question is crucial and determines how you move forward. Ask your parents what their plans are for the home and their finances, these things need to be discussed so documents can be drafted to protect their assets.

5. Who are you leaving your home to? Who will make financial and business decisions for you and where are the accounts located? – This will help determine what estate plans your parents need. A Land Trust for the home, and Powers of Attorney for them also. Depending on financials of the estate a Living Trust may be necessary also. The actual amounts in each account don’t need to be discussed or brought up only the locations of the accounts so Power of Attorney documents can be given to the proper institutions.

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Estate Planning Must Haves

 

Estate Planning Must Haves

 

Often times, people are adamant about using a Will instead of a Land Trust. The reasoning behind that is because many people simply don’t know what a Land Trust is, and the many advantages of placing their property in a Land Trust. We challenge you to educate yourself on Land Trusts and let us help you establish a proper estate plan.  Also, everyone needs Power of Attorney documents for healthcare and durable, The Law Offices of Theodore London includes BOTH Power of Attorney documents in the Estate Planning package.

 

  1. Land Trust – documentation used to simplify the transference of real estate upon one’s death. There are three important elements to a Land Trust:
  • The beneficial owner (the current owner(s) of the property)
  • The holder of the power of direction (the party with the power to direct the trustee to act)
  • The contingent beneficiary (the party who will inherit the property upon the owner’s death)

 

  1. Healthcare Power of Attorney – A Power of Attorney for Healthcare document allows a person, called the principal, to delegate another person, called the agent (a trusted friend or family member), the power to make decisions regarding healthcare that the principal is unable to make. The agent, who does not need to be an attorney, will speak for the principal and make decisions according to the principal’s wishes even when the principal is physically or mentally incapacitated.

 

  1. Durable (Property) Power of Attorney – A Power of Attorney for Property is a way for you to decide in advance who will handle, your financial affairs if you are not able to act on your own in the future. Executing this document will save your family from the burden of having to make financial decisions without knowing your wishes. It gives you (rather than for courts) more control over your life. For example, you may want to have the power to authorize real estate and stock transactions; to handle banking, tax or other types of business matters; to represent you in court; or to address other types of legal claims.

 

With these three documents, you can solidify your family’s future without the interruptions of probate court.