Undue Influence is when someone pressures another in such a way that the person being influenced is not acting by their own free will; they are being coerced into taking a certain action. Undue influence often arises when a friend family member falls ill. For example, mom has been diagnosed with cancer...
Surrogate Decision Making in Utah
Have you wondered what would happened if you or a loved one did not have an advance directive which appoints a health care agent and your health care preferences? Is it still possible for a loved one to make health care decisions for you or even make decisions on your behalf...
Divorce and Social Security Benefits
Did you know that your ex-spouse can be entitled to social security benefits based on your work record?Here is a quote from the social security website: "If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if:
Your marriage lasted 10...Planning Proactively
As we age, our likelihood of mental incapacity increases. After all, our bodies and minds deteriorate as we age. Mental incapacity could result from dementia, stroke, brain injury, or other illness. What is mental incapacity and in what ways can you plan to be best prepared for it?
What...Trustee of Special Needs Trust?
What Are a Special Needs Trustee’s Record-Keeping Duties?
One of the most important roles in a special needs plan is that of trustee, the person who administers a special needs trust (SNT). Of a trustee’s many responsibilities, record-keeping is perhaps the most crucial. Because the trustee...
Able Accounts Versus Special Needs Trusts
If you have a child with disabilities, it is crucial to set money aside for the child’s future. At the same time, you need to consider your child’s access to public benefit programs such as Medicaid and Supplemental Security Income (SSI), as well as the state and federal tax...
Top 10 Reasons to Have a Comprehensive Durable Power of Attorney Document in Utah
A generic power of attorney document downloaded from the internet may not be the most appropriate document for your estate planning needs and goals. Most states, including Utah, have a generic statutory form which is available for download. How do you know whether this form contains the appropriate and advisable...
2021 Utah Home Equity Limits for Medicaid: How much is too much for qualification?
http://www.kathierobertslaw.com/blog
The 2021 Utah Medicaid equity limit for a home is $603,000.00. This means that if you have a home with equity greater than this amount, you may not qualify for Medicaid. However, there are exceptions to this rule:
Exceptions to the equity cap...
Newest Scams Targeting Elderly: Foreclosure Scams, We Buy Houses Scams, What to do and How to Protect Yourself
https://kathierobertslaw.com/blog/
Beware of Foreclosure Rescue Scams
Due to the pandemic, the federal government enacted legislation that stipulated that banks and financial institutions could not initiate foreclosure proceedings against individuals. That law expired on June 30, 2021. With the end of the moratorium on foreclosures, a...
Utah’s Digital Assets Act And Durable Powers of Attorney
Online banking and electronic communication are ubiquitous in today's world. Consequently, the need for an agent under a durable power of attorney to have specific powers to deal with digital assets and electronic communication is increasingly important. What type of digital assets should an agent under a durable power...