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Margaret and her husband are the proud parents of two sons – Jack, who is a young adult with Autism, and Matt, who is a licensed attorney and Margaret’s law partner.

Not every family has someone like Jack, but many families have someone who needs a little – or a lot – of protection from themselves or others when it comes to money. And none of us has a crystal ball. The future we expect may not be the future we get.

A lot of people are content with a Will or state law that determines what happens to their money and property after their death.  A lot of those same people have not thought about what could happen if they can’t take care of themselves anymore.  The Will they have doesn’t do anything for you until your dead. 

If you’re incapacitated and need someone to make decisions for you, the law says a judge will decide who that will be.  And whoever it is will have to answer to the judge, even if it’s a member of your family.

Every family has a story, and a lot of them are about the children. The children may be six months or sixty years old. They may be biological children or stepchildren. They may be close, or they may be estranged. Here are some of the most common questions.

A power of attorney gives authority to someone else – the Agent - to sign your name for you.  In order to sign a power of attorney, you have to be over eighteen and legally competent.  If you sign a power of attorney, you are still able to make your own decisions and conduct whatever business you choose. The Agent can act in addition to the person.

Think about a trust as a piggy bank.  The piggy bank is the trust – that’s where the money is.  When Mom puts Daughter’s allowance in the piggy bank, Mom is the Grantor.  She is giving “control” of the money to the piggy bank.  But the allowance is for the benefit of Daughter. Daughter is the Beneficiary.

Like most topics in the legal world, “trusts” is a large topic.  Different trusts are used in different situations to accomplish different objectives. But some general concepts apply to all types of trusts.

Special needs trusts, also called supplemental needs trusts, are a very specific type of trust with a major benefit – these trusts can be used for money and assets to benefit the recipient of means-tested benefit programs (like Medicaid) without making the recipient financially ineligible.  The special needs trust is not a countable asset for financial eligibility.  

ABLE stands for Achieving a Better Life Experience. It allows people to save money for qualified disability expenses WITHOUT jeopardizing their eligibility for their benefits.

F or all of you folks who have been appointed as Guardians, a quick reminder:  Your guardianship order includes a requirement to file annual reports with the Court.  If you are Guardian of the Person, the report addresses the well-being of the Ward.  If you are Guardian of the Estate, the report is a financial accounting.   VERY IMPORTANT: These annual reports are due within 60 days of the anniversary of your appointment .  If you do not  submit these reports, the guardianshi