Simple Wills - Guidance for Loved Ones.
Many people do not think about the consequences of their death in terms of how their estate is to be distributed at death. Having a will that disposes of your estate in an orderly manner may help prevent disputes among surviving family members as well as protect your estate from unnecessary taxation.
Living Wills - A Gift to Your Family.
A living will describes the kind of life-sustaining care you would want only if you had a terminal condition or were in a state of permanent unconsciousness. The declaration directs your physician whether to withhold or withdraw life-sustaining treatment or a feeding tube if you are not able to speak for yourself. A Living Will does not give authority to make all health care decisions on your behalf.
Miller Trusts - Also Known as Medicaid Qualifying Income Trusts .
When a claimant for whom you are applying for Institutional (Nursing Home) Medicaid has income that exceeds the eligibility limit for institutional care, it may be possible to place all or part of the claimants income in a Miller Trust so that the claimant may receieve Medicaid assistance. Upon the termination of a MillerTrust, the Trustee must notify the Alabama Medicaid Agency of said termination. All principal and all accumulated or accrued income or income not then disbursed, is then distributed to the Alabama Medicaid Agency as soon as practicable, in
an amount not to exceed the amount of benefits paid by Medicaid. The final payment to Medicaid upon termination of the Trust shall have priority over all other debts or expenses of the Settlor or the estate.
Powers of Attorney - When You Want Someone Else To Decide.
There are a wide variety of powers of attorney based on the types of decisions that the Principle (person who executed it) is willing to delegate to a designated proxy and when the proxy can make such decisions. A properly written "durable" powers of attorney remains valid even if the Principal becomes incapacitated. A durable powers of attorney may be used to appoint a proxy to make health care decisions for you, in collaboration with your personal physician, if you lose the ability to make health care decisions for yourself.
- When Economic
Circumstances Cannot Be Overcome.
Article I, Section 8, of the
United States Constitution authorizes Congress to enact "uniform Laws on the
subject of Bankruptcies." Under this grant of authority, Congress enacted the
"Bankruptcy Code" in 1978. The Bankruptcy Code, which is codified as title 11 of
the United States Code, has been amended several times since its enactment. It
is the uniform federal law that governs all bankruptcy cases. To learn more,