Estate Plans Must Clarify “Right Things”

Posted on October 2, 2018 by Hawkins Elder Law.

When an estate plan depends on someone to “do the right thing,” someone will inevitably dispute

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Costly Delay: Importance of Mental Capacity in Estate Planning

Posted on April 8, 2017 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] Too people say about estate planning, “I’m not ready for that yet.” A person must be able to think clearly enough to make a will, trust, power of attorney, deed, health care directive or other estate plan document. As we wrote in our blog article, […]

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Hoosier Hospitals Should Stop Asking Patients about Living Wills

Posted on March 19, 2017 by Hawkins Elder Law.

Employees of many Hoosier hospitals ask patients the same question during the admission process every day, “Do you have a living will?” This may surprise people, but a patient’s answer to that question does not matter because when a living will arrives at the hospital, it is “dead on arrival.” This article explains why Indiana’s […]

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Signing Documents Is a Big Deal

Posted on March 12, 2017 by Hawkins Elder Law.

Indiana is on the front line of a legal services technological revolution. LegalZoom is pushing a bill to allow electronic signatures of wills, trusts, powers of attorney, and other estate planning documents, while the Indiana Secretary of State driving an electronic notarization bill. Indiana State Bar Association members are working to fix serious defects in […]

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Plans for Final Illness, Death, and Human Remains Disposition

Posted on October 31, 2016 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] A person’s landmark life events might include birth, spiritual dedication, marriage, children’s births, and death. People normally think about most of those events, but few people want to think about final illness and death, much less talk or plan about it. In fact, people probably […]

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Crisis Management for a Nursing Home Resident without an Estate Plan

Posted on October 17, 2016 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] Most of our blog articles encourage people to make estate plans while they are healthy to avoid a legal and financial crisis when they get sick. Unfortunately, many people are too deep in denial to admit that they to plan, or they procrastinate until it […]

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Don’t Short-Circuit Your Estate Plan

Posted on October 4, 2016 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] If a person has made a will, a power of attorney, an advance health care directive, or a trust, the person may think that those documents create a dependable estate plan. Unfortunately, many people do not realize that an estate plan includes every kind of […]

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Does the law really change enough to make estate plan updates important?

Posted on September 20, 2016 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] We have written more than once in our blog about the need for people to update their estate plans regularly. We get questions from people sometimes about whether the law really changes enough to justify estate plan updates. This week, we answer that question with […]

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Plan for Nursing Home Care – Even If You Don’t Want to Go

Posted on August 29, 2016 by Hawkins Elder Law.

We often hear from married couples during estate planning conferences that they do not plan to go to a nursing home. Our half joking reply is that lines rarely form for people wanting to enter nursing homes unless they are visiting nursing home residents. Unfortunately, according to the Indiana Long-Term Care Partnership Program, “individuals living […]

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Are All Powers of Attorney Created Equal?

Posted on July 26, 2016 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] An audience member at one of our recent presentations about advance health care directives suggested that people should make powers of attorney and advance health care directives when they reach 50 years old or older. We responded that most people over 18 years of age […]

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