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Estate and Long-Term Care Planning after Dementia

By: Matthew D. Barry, Esq. Board Certified Specialist in Elder Law by The Florida Bar Diagnosis of Dementia Dementia is generally characterized by cognitive impairments (including memory loss, confusion, difficulty communicating, poor judgment or changes in mood or personality) that impair a person’s ability to perform activities of daily living. Dementia may have various causes Read More

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Understanding How COVID-19 May Have Affected the Value of Your Estate

The economic and personal upheaval triggered by the COVID-19 outbreak is likely to warrant a review of your estate plan, no matter how thorough you think it is. As Americans cope with health fears and financial volatility, it’s worthwhile to determine whether a will, trust, advance medical directive or other legal instrument needs to be Read More

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Will You Get Property Tax Relief Due to the COVID-19 National Emergency?

Governments and even some private businesses have worked to ease the burden on people who are struggling financially due to the COVID-19 pandemic. For people who are concerned about losing their home after being laid off or seeing their business revenue plummet, programs have been established to offer rent and mortgage relief. While many will Read More

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Protecting the Elderly from Financial Exploitation and the Newly Revised Exploitation Statute

 R. Craig HarrisonLyons, Beaudry & Harrison, P.A.1605 Main Street, Ste. 1111Sarasota, FloridaFlorida Board Certified:Wills, Trusts and Estates  Copyright ©2015 by R. Craig Harrison, Lyons, Beaudry & Harrison, P.A. Prepared for Guardianship Intensive Program, March 27, 2015  Protecting the Elderly from Financial ExploitationAnd The Newly Revised Exploitation Statute   I.Protecting the Elderly from Financial Exploitation: The Read More

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What is the Role of an Agent in a Power of Attorney?

A power of attorney (POA) document authorizes a person to act on another’s behalf in private affairs, business matters or any other legal matter specified in the document. The “principal” is the person who authorized someone else to act on their behalf. The “agent” is the person who is given the power to act on Read More

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Communication is the Key to Avoiding Estate Disputes

When developing and signing estate documents, it is imperative that you are clear in your wishes. Otherwise, after you have passed, your heirs may dispute your decisions. Going to court to settle an estate is time-consuming, stressful and emotionally draining. You don’t want your family torn apart from fighting over your assets after you have Read More

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Seniors Should be Wary of “Grandparent Scams”

Sadly, many people believe that seniors are easy targets for financial exploitation. In a survey taken by Allianz Life Insurance Co. of 2,000 adults, the senior participants reported losing an average of $30,000, while some reported losing more than $100,000. The most common financial scam against seniors is something called “grandparent scams.” In a grandparent Read More

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Reasons for Guardian Removal

Being named the guardian of an incapacitated person is a huge responsibility. The guardian must  be diligent about matters concerning their ward’s finances and healthcare. If you feel as though the appointed guardian of your loved one is not fulfilling their duties, you may have to turn to litigation. You can present to the court Read More

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Can Anyone Serve as Successor Trustee for a Revocable Trust?

As the name implies, a successor trustee is a trusted individual who handles the duties connected with your revocable trust in the event you lose capacity during your lifetime, and settles all remaining issues after you die. As such, your first impulse might be to name your spouse, one of your adult children or a Read More

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Trusts: TBE or not TBE

Trusts:  TBE or not TBE Florida favors married couples holding their property  as tenants by the entireties (TBE). Probate is avoided as the property passes to the surviving spouse by operation of law.  Further, the tenancy provides creditor protection.   In essence, the TBE property belongs to neither individual spouse, but both are collectively seized in Read More

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