Daily Archives: September 29, 2016

Swearing-in counts as a best day in an attorney’s life

Being sworn in as a brand new attorney is an important day in the life of every lawyer. The Hon. Christopher C. Sabella of the 13th Judicial Circuit Court in Florida agrees wholeheartedly. He warmly welcomed the seven WMU-Cooley Law School graduates and their families this evening and reminded each of the former law students of the hard work and dedication that got them to this day.

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He noted that, this day, the day an attorney is sworn in, counts as one of the best days in an attorney’s life. He aligned the importance of this day to the day you marry or the day of a child’s birth. And the smiles on every one of the new attorney’s and their loved ones faces looked like he might be right! WMU-Cooley Law School Tampa Bay campus graduates (left to right) Michelle Ace-Carroll, Jennifer Alderman, Elizabeth Devolder, Philistine Hamdan, Eric Bossardt,  Cristina Solis, and Kymberly Starr were sworn in to The Florida Bar on Thursday, Sept. 29, 2016.

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Everyone needs estate planning, no matter the age: Five Topics to Discuss with an Elder Law Attorney

Sixty Plus students and faculty spend hours talking to citizens who are over the age of 60. One thing is certain. By the time you reach the age of 60, you are usually comfortable discussing end-of-life planning. The fact is, everyone needs estate planning, no matter the age. It doesn’t matter how much money you have, how many people are in your family, what you did in your career, or your level of education. People of even modest means should sit down with an attorney who has expertise in estate planning. – WMU-Cooley professor and elder law expert Kimberly O’Leary
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Even if you are not over the age of 60, you probably know of people who could benefit by having this conversation. Here’s why. Don’t wait for the crisis. End-of-life issues affect everyone. If you wait until it’s too late, your options may be limited or decisions will need to be made by someone other than yourself.

Those conversations can include:

  1.  Independence planning:  If you become ill or disabled at some point in the future in any way that makes it difficult for you to take care of your personal business or your life, you can appoint a trusted friend or family member to assist you.  Such illness or disability might be temporary or might be permanent, and in either event, you can plan for help.  You do not have to be old or ill to need this kind of help, although statistically you are more likely to need help the older you are.  If you do NOT have anyone you trust to help you, this type of conversation can be even more important.  Planning these kinds of arrangements long in advance of when you may need them gives you a greater say in how your life will unfold in the event you become ill or infirm.
  2.  Medical decisions: You may have a time in your life when you are unable to make your own medical decisions.  If you were diagnosed with a terminal illness, and unable to make end-of-life decisions, who would make them for you?  You can plan that in advance.  A good elder law attorney can sit down and discuss all of the factors you will want to consider.  You can write this in any way that makes sense to you.
  3.  Wills, trusts, transfer on death deeds and bank accounts:  Everyone should plan how to leave their assets after they  pass away.  There are pros and cons to different approaches and not every approach is right for every person.  If you draft these documents yourself, you may unintentionally trigger a bad consequence you had not considered.  Sometimes people who own property of small value monetarily have items of great personal value to their family and friends.  You can decide how you want those items divided.
  4. Long-term care financial planning:  If you might need to enter a nursing home, or receive long-term care at home, in the future, how will you pay for that?  A good elder law attorney can help you understand Medicare, Medicaid, private insurance, long-term care insurance and how all of these program interact.
  5.  Other miscellaneous issues:  If you are 60 years of age or older, seeing an elder law attorney rather than a general practitioner is a good idea, even for legal work unrelated to “typical” elder law topics.  This is because an elder law attorney will be looking for things a GP will not necessarily see: how a divorce settlement interacts with Medicare is one example.  Are there signs of financial exploitation or elder abuse?  Are there hints someone might file for a guardianship?  These are the types of issues an elder law attorney can help.

If you or someone you know needs assistance in elder law, and you live in the Ingham, Eaton, and Clinton, Michigan counties, please contact Sixty Plus, Inc., Elderlaw Clinic to assist  you with your needs at 517-372-3484.

Professor Kimberly O'Leary

WMU-Cooley Law School Professor Kimberly O’Leary supervises and teaches third-year law students in its Sixty Plus, Inc. Elderlaw Clinic. The clinic works to help older adults by drafting documents to help them plan for the future, allowing them to maintain independence for as long as possible. Professor O’Leary has written extensively in the field of attorney-client counseling, housing law, diversity training, the relationship between social justice goals and clinical law offices and clinical teaching.  Other blog articles by Professor O’Leary: Aging parents should plan ahead to avoid being another exploitation or scam statistic and Sixty Plus, Inc. Elderlaw Clinic recognized for decades of service to older adults.

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