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The Dementia Trust has doubled the number of law firms signed up to its Planning Ahead campaign during its first month of registrations, with ten firms from across Scotland already confirmed to take part in the national initiative to drive awareness for Power of Attorney in February 2027.
https://lnkd.in/e7VceENT
Dementia Trust campaign doubles signed up firms in first month of registrations
scottishlegal.com
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Of all the paperwork involved in planning for a parent's care, one document tends to come up again and again as the one families wish they had handled earlier: power of attorney.
There are two distinct versions worth knowing about. A durable power of attorney names someone to manage finances and legal matters, paying bills, accessing accounts, handling property, if your loved one becomes unable to do so themselves. A healthcare power of attorney is a separate document that names someone to make medical decisions on their behalf when they cannot make or communicate those decisions themselves.
The timing matters more than most families realize. These documents require your loved one to have the legal capacity to understand what they are signing. Once a health event or cognitive decline has already progressed, it may be too late to put one in place, and the family can be left navigating court-appointed guardianship instead, a longer and more difficult process.
The easiest time to have this conversation is well before it feels urgent, ideally while your parent is still healthy and the discussion can happen calmly, without a crisis attached to it.
We're not attorneys and this is not legal advice, but we can point you toward local elder law resources to get these documents in place. Send us a message if you would like a starting point.
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How to Update a Power of Attorney in Phoenix, Arizona After a Dementia Diagnosis
In Phoenix, you can usually update a Power of Attorney (POA) only if the person still has legal capacity—once dementia progresses past that point, a court guardianship or conservatorship may be required. Arizona law recognizes both financial and health care powers of attorney, and the right fix depends on what documents exist and how advanced […]
How to Update a Power of Attorney in Phoenix, Arizona After a Dementia Diagnosis
attorneys.media
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Planning for a parent’s long-term care is one of the hardest journeys a family can take, and doing it during an emergency makes it 10 times harder.
In our new article, elder law attorney at Everbright Legacy Law, Lauren L. Fink shares expert advice on navigating $7,000+ monthly care costs, avoiding contract traps, and updating legal documents before a crisis hits. Taking action early protects your parents' dignity, gives your family real choices, and safeguards your own financial plan.
Read the full breakdown to prepare financially, emotionally, and legally. Link in the comments.
When a Parent Needs Care: How to Prepare Financially and Emotionally for Assisted Living
laurelwealthplanning.com
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Planning for a parent’s long-term care is one of the hardest journeys a family can take, and doing it during an emergency makes it 10 times harder.
In our new article, elder law attorney at Everbright Legacy Law, Lauren L. Fink shares expert advice on navigating $7,000+ monthly care costs, avoiding contract traps, and updating legal documents before a crisis hits. Taking action early protects your parents' dignity, gives your family real choices, and safeguards your own financial plan.
Read the full breakdown to prepare financially, emotionally, and legally. Link in the comments.
When a Parent Needs Care: How to Prepare Financially and Emotionally for Assisted Living
laurelwealthplanning.com
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Planning for a parent’s long-term care is one of the hardest journeys a family can take, and doing it during an emergency makes it 10 times harder.
In our new article, elder law attorney at Everbright Legacy Law, Lauren L. Fink shares expert advice on navigating $7,000+ monthly care costs, avoiding contract traps, and updating legal documents before a crisis hits. Taking action early protects your parents' dignity, gives your family real choices, and safeguards your own financial plan.
Read the full breakdown to prepare financially, emotionally, and legally. Link in the comments.
When a Parent Needs Care: How to Prepare Financially and Emotionally for Assisted Living
laurelwealthplanning.com
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Moving a parent into assisted living goes more smoothly when you start planning before a crisis.
Our founding attorney, Lauren Fink, joined Laura Kuntz CPA, PFS, MBT of Laurel Wealth Planning for a new article on how families can prepare financially and emotionally. As Lauren puts it, "The biggest tip that we always give to clients is to start the conversation early."
The article covers:
• Questions to ask before you sign, including whether a facility accepts Medical Assistance or an Elderly Waiver
• Reading the contract closely, especially any "Responsible Party" clause
• Looking past a facility's appearance to its staffing
• Keeping powers of attorney and health care directives current
Thank you to Laura and the Laurel Wealth Planning team for including us.
Read the article: https://lnkd.in/eXMdZeE5
Lauren Fink Shares Assisted Living Advice With Laurel Wealth Planning
everbrightlegacy.com
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Legal Insight of the Week
“Reasonable Place” Requirement for CME
In Diaz Cabrera v. Ortega Cabrera, the plaintiffs filed a personal injury action arising from a 2024 automobile accident in Miami-Dade County. After later relocating to Texas, they were ordered to return to Miami-Dade County for compulsory medical examinations (CMEs). The plaintiffs sought a protective order, arguing they should not be required to travel back to Florida for the examinations.
The Third DCA denied their petition, explaining that under Florida Rule of Civil Procedure 1.360, the location of a CME is within the trial court’s discretion, provided the examination is scheduled at a reasonable place.
The court found no abuse of discretion because the underlying accident occurred in Miami-Dade County and the defendant agreed to pay the plaintiffs’ reasonable and documented travel expenses.
Takeaway: A plaintiff may be required to travel outside their current home county for a CME when the trial court determines the location is reasonable under the circumstances.
We will continue sharing weekly case insights from attorney Lauren Lindahl Lytal at Lytal, Reiter, Smith, Ivey & Fronrath to help keep both the public and legal community informed. ⚖️
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If an adult in Rhode Island loses the ability to manage finances or make healthcare decisions without a durable power of attorney, healthcare proxy, living will, or properly funded trust with a successor trustee, the family may need to petition the Probate Court for guardianship or conservatorship.
That process typically involves:
• Court filings requesting appointment of a guardian or conservator
• Medical evidence or a decision-making assessment
• Notice to interested parties
• A court hearing and judicial appointment
• Ongoing court supervision, reporting, and possible accountings
The practical consequences can include:
• Delays during an already difficult crisis
• Legal and administrative costs
• Limits on what the guardian or conservator may do without additional court approval
• The proceeding and the person’s affairs becoming part of a public court record
These cases can also arise when family members disagree. The court-appointed decision-maker may not be the person your loved one would have chosen.
Planning ahead with properly drafted and funded documents can allow trusted people to act more promptly and help preserve dignity, autonomy, and family stability. Documents should also be reviewed as relationships, health, and circumstances change.
This is general information, not individualized legal advice. Rhode Island court procedures and requirements vary. For personalized guidance, contact Attorney Jared Tomassi at www.attorney-ri.com.
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New FREE in-house CLE with Claudia Hagadus Long and Bette Epstein!
As more older adults hope to age at home, families are relying on caregivers, whether hired directly, placed through an agency, or provided by a family member. What starts as a practical arrangement can quickly raise tough questions at the intersection of employment law, trusts and estates, trustee fiduciary duty, and estate administration.
Join us for an in-house CLE featuring two mediators, Claudia Hagadus Long (employment) and Bette Epstein (trusts and estates), as they walk through an evolving case study. Topics include:
✅ Who may be considered the employer
✅ Wage-and-hour risks in in-home care
✅ The impact of using a caregiver agency
✅ Compensation arrangements for family caregivers
✅ Disputes that arise after an elder passes away
Whether you practice employment or trusts and estates, this one-hour program will help you spot the issues on both sides, and know when it's time to bring in counsel from the other practice area.
Register here: https://lnkd.in/gyPYsPiF
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Law firms across Scotland are being urged to put power of attorney on the agenda for their clients, as The Dementia Trust builds on the success of its Planning Ahead pilot with a national campaign roll out in February 2027.
https://lnkd.in/ei9pni7b
Firms urged to promote powers of attorney ahead of 2027 campaign
scottishlegal.com
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