Slater Law OfficeSlater Law Office2026-04-24T21:08:20Zhttps://www.slaterelderlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503974/2020/04/cropped-favicon-32x32.pngOn Behalf of Slater Law Office LLC<![CDATA[Considerations for long-term care planning]]>https://www.slaterelderlaw.com/?p=478292026-04-24T21:08:20Z2026-04-24T21:08:20ZMany people think they have plenty of time to plan for their care as they age, but that’s not always the case. The problem with this line of thought is that the lack of planning can lead to significant issues if the person starts to need care before they plan. A sudden illness, a gradual loss of independence or a cognitive decline can change daily life for the individual.
Long-term care refers to help with specific types of everyday activities that a person may not be able to manage alone. Certain tasks, such as bathing, taking medications, dressing, eating and moving around, may become difficult. At that point, the question becomes how to get the person the assistance they need.
What type of care options are possible?
Care can happen at home, in an assisted living facility or a nursing home. This is typically based on the level of care that’s necessary, with the lowest level occurring at home and the highest level at nursing homes. The type of care a person needs also plays a role in the cost of the care. Many people assume that health insurance will cover long-term care expenses, but they soon find out that coverage is actually limited. Planning ahead gives the person a chance to think realistically about how savings, public benefits, insurance options and other methods might impact the care they can receive. Long-term care planning gives individuals a chance to state their preferences so nobody has to guess. Having everything spelled out in a plan is a chance to share those wishes. Working with someone familiar with these matters may be beneficial, so they can help to have everything stated in a clear and enforceable manner.
]]>On Behalf of Slater Law Office LLC<![CDATA[Long-term care Medicaid coverage may endanger a home]]>https://www.slaterelderlaw.com/?p=478282026-04-06T10:44:06Z2026-04-06T10:44:06ZMedicaid expects repayment for long-term care benefits
The Medicaid estate recovery program is mandatory under both federal and state regulations. When a recipient of long-term care Medicaid benefit recipient dies, the Medicaid estate recovery program submits a claim for repayment in probate court.
Personal representatives administering an estate may need to use any residual assets to repay the full value of benefits. Recovery efforts can potentially force the liquidation of assets, including the home that the Medicaid recipient owned. Protecting those assets may require taking on a co-owner or transferring the at-risk assets to a trust. Planning at least five years before applying for Medicaid can help protect assets and improve eligibility.
Preparing well in advance makes Medicaid more accessible when it is necessary and helps older adults preserve their legacies even after they pass. People preparing for retirement may benefit from engaging in Medicaid planning before their health declines as they age accordingly.]]>On Behalf of Slater Law Office LLC<![CDATA[Why do many Americans procrastinate estate planning?]]>https://www.slaterelderlaw.com/?p=478272026-03-19T11:01:13Z2026-03-19T11:01:13ZA significant percentage of Americans do not have an estate plan. A survey done by D.A. Davidson & Co. showed that only 34% American adults have an estate plan. That’s one in three people, which means two-thirds do not have it. Although many people acknowledge its importance, most of them have not drafted any document that protects their assets or loved ones. So, why do Americans procrastinate estate planning?
Avoidance of discussions related to incapacitation and death
Understandably, it’s not easy for someone to think about incapacitation or their own death, let alone prepare for it. People often avoid having discussions surrounding what will happen when they become incapacitated/ die, or what will happen to their minor child when they are unable to raise them.If fear or discomfort around these topics is what’s holding you back, you can overcome it by viewing estate planning differently. An estate plan does more than prepare for incapacitation and death. It allows you to distribute your assets according to your wishes, name a guardian for your minor child, appoint someone to manage your finances when you are unable to, choose an agent to make medical decisions on your behalf, state your preferences regarding treatment and so on.
Belief that they don’t have enough money
Another reason behind many people not having an estate plan is the belief that they don’t have enough assets to warrant needing one. Estate planning is not only for the wealthy. Even small estates without a will can lead to disputes among heirs and other complications. You can create a will with your existing assets and update it as you acquire more. Not having an estate plan can be risky. Get more information about how you can protect your legacy and loved ones. ]]>On Behalf of Slater Law Office LLC<![CDATA[2 ways to outline future medical choices in an estate plan ]]>https://www.slaterelderlaw.com/?p=478262026-03-05T16:58:50Z2026-03-05T16:58:50ZIt’s easy to forget that estate planning is not just about what happens when you die. It should also outline your choice of emergency medical care if you suffer a serious injury or illness that leaves you unable to state your wishes and direct your own care.
Without directions, doctors are often faced with difficult decisions over how far to go to resuscitate someone or prolong life. Things like intubation and life support are repugnant to some people, but desired by others. If you want to make your wishes clear to your loved ones and medical providers, here are two options you can use:
1. A medical power of attorney designation
You can give someone your medical power of attorney to make such decisions for you, in consultation with the doctors, of course. They will only be allowed to speak on your behalf when you are judged to be unable to speak for yourself.
2. A living will
You can also leave written guidance for doctors through a living will. You could, for example, say yes to any necessary life-saving organ donation, but no to being kept alive on feeding tubes. In some cases, this goes beyond mere personal preference and is influenced by cultural or religious beliefs.Many people use a combination of the two methods. They put down some guidance in a living will and appoint a power of attorney to step in when a decision is needed on any matter they did not cover. Some people forego this step altogether, believing their family can make any necessary calls. While this can work, family members might not always agree with each other, and it can put them in a difficult spot. So it is better that you make some decisions now, to relieve them of the responsibility and any guilt that might follow. Learning more about these options is a good place to start.]]>On Behalf of Slater Law Office LLC<![CDATA[Tips for choosing the right estate executor]]>https://www.slaterelderlaw.com/?p=478252026-03-03T18:27:01Z2026-03-03T18:27:01ZWhen you create an estate plan, one important step is to choose an estate administrator or estate executor. Once you pass away, this person is in charge of distributing documents, inventorying assets, paying taxes and taking other necessary steps to settle your affairs and follow the instructions in your estate plan.
So who should you choose for this critical role? Below are a few tips that can help you decide.
Consider education and technical knowledge
First of all, this can be a technical and difficult job, involving complex financial transactions and documentation. If you know someone who has an advanced education or experience and technical knowledge in this area, that can be very helpful and may make it easier than it would be for someone who has never encountered these types of challenges before.
Find someone who will be available
You also want to consider the person’s lifestyle, their schedule, where they live and whether they will actually be available when needed. Someone who is in the military may not be the ideal choice, for example, because they could be deployed when they are needed to act as your estate executor.
Choose someone who is willing
Talk to the person you want to select in advance. It is a big responsibility. You need to make sure that they are actually willing and able to take it on.
Select someone you trust to be impartial
Finally, the estate administrator’s job is to follow the instructions in the plan as they relate to your beneficiaries. They will need to make impartial decisions, so you want to be confident that they will act in a fair and just way, rather than prioritizing their own best interests.Once you have decided who you want to choose as your estate administrator, it can help to work with an experienced law firm to create your estate plan and get all of the documentation in place.]]>On Behalf of Slater Law Office LLC<![CDATA[Does Indiana recognize holographic wills?]]>https://www.slaterelderlaw.com/?p=478242026-02-13T11:42:44Z2026-02-13T11:42:44Zholographic wills are documents entirely in the handwriting of the testator establishing their estate plan.
Some states have statutes that impose completely different requirements for holographic wills. Does Indiana allow for handwritten wills, and are there different requirements for them?
Holographic wills can be valid in Indiana
Unlike many other states, Indiana does not have separate statutory requirements for holographic wills. In theory, a handwritten will can serve as an individual's primary testamentary instrument. However, it must align with all of the requirements imposed on wills under state statutes.
Specifically, the document must include testamentary language, the testator must be of sound mind and there must be two witnesses to sign the document to attest to the identity and capacity of the testator. Even if the holographic will meets those requirements, it may be more vulnerable to a will contest challenging its validity.
Family members may question whether the handwriting is truly the testator's. There is also the possibility of the testator or their family members misplacing the will, preventing its use during estate administration. In most cases, working with an attorney to put together a thorough, typed will is the most effective option available.
Drafting a will is easier and typically more effective when a person has legal guidance. People trying to write their own wills at home can make mistakes that make their documents unenforceable after they pass. An attorney's assistance can help ensure that estate planning documentation will meet all necessary requirements to be valid and enforceable.]]>On Behalf of Slater Law Office LLC<![CDATA[3 options for covering long-term care costs]]>https://www.slaterelderlaw.com/?p=478232026-02-02T02:18:10Z2026-02-02T02:18:10ZPlanning for future long-term care needs can be a smart decision for those near retirement. Anyone facing medical challenges or thinking about their golden years may need to contemplate the expenses created by retiring. They also need to consider the possibility that they may require support later in life.
Long-term care expenses could be a critical consideration when establishing a retirement plan or an estate plan. What are the most common ways that people cover long-term care costs, such as the cost of a home health aide who visits regularly or a room in a nursing home?
1. Paying out of pocket
Some people choose to pay for their care by using their retirement savings. However, only those with well-funded accounts may be able to afford this approach. According to an analysis of costs reported in 2024, Indiana residents pay a median price of $8,486 per month for a semi-private room in a nursing home.
2. Long-term care insurance
Sometimes, older adults invest in long-term care insurance. These policies require years of premium payments and can then offer a set amount of financial support for those who require long-term care. Long-term care insurance can be a viable option for those who obtain coverage early and have the budget to afford premiums indefinitely.
3. Medicaid
Medicare only offers basic financial support and does not cover long-term care expenses. Older adults relying on a fixed income could be eligible for long-term care coverage through Medicaid if they qualify, which often requires planning in advance. Planning years in advance can make it easier for people to cover their long-term care costs. A conversation with an attorney about future care needs can help people ensure they have the support they need during their golden years.
]]>On Behalf of Slater Law Office LLC<![CDATA[Income tax returns are part of estate administration]]>https://www.slaterelderlaw.com/?p=478212026-01-19T11:49:34Z2026-01-19T11:49:34ZMore than one return may be necessary
Estate taxes are not an issue for the majority of Indiana estates. There is no state estate tax, and the federal estate tax only applies to estates worth more than $15 million in 2026. Income taxes, on the other hand, may affect a large percentage of estates.
Typically, personal representatives overseeing estate administration file the final income tax return on behalf of the deceased individual. Even in scenarios where the deceased individual has not had traditional employment in years, it is generally necessary to file a final return in case they owe money.
Estate administration frequently requires the sale of resources that belong to the estate. The liquidation of estate resources may lead to income tax obligations for the estate as well. If sales generate $600 or more in revenue, the personal representative should file an income tax return on behalf of the estate. They may need to do so more than once if estate administration takes months to resolve and sales occur in two separate calendar years.
Fulfilling tax obligations is a critical component of successful estate administration. Personal representatives may need guidance to ensure that they fulfill their responsibilities without overlooking anything critical, and that’s okay.]]>On Behalf of Slater Law Office LLC<![CDATA[Medicaid planning is beneficial, as Medicare imposes limits]]>https://www.slaterelderlaw.com/?p=478082026-01-07T11:38:31Z2026-01-07T11:38:31ZMedicare coverage is relatively basic
The benefits provided through Medicare can help cover essential testing and preventative treatments, as well as other basic care costs. However, Medicare has notable limits. For example, any rehabilitative benefits are typically temporary.
Anyone in need of a stay in a rehab facility or in-home nursing support that lasts longer than 30 days may find that Medicare cannot cover those expenses. Medicaid can help provide coverage for long-term care costs, but people generally need to plan in advance to be eligible.
Unlike Medicare, which people earn through employment, Medicaid is available on a need basis. Only those who meet strict limits regarding their countable assets and income can qualify for Medicaid benefits.
Proper planning can make Medicaid coverage accessible to retired adults. Addressing potential future medical expenses in advance can help people preserve their resources and prepare for the medical challenges that often arise later in life.]]>On Behalf of Slater Law Office LLC<![CDATA[How to tell when guardianships are needed]]>https://www.slaterelderlaw.com/?p=477982025-12-23T20:22:45Z2025-12-23T20:22:45ZMaybe the recent holidays were a wake-up call. You noticed that your dad’s eyesight was fading when he was behind the wheel or maybe you questioned your mother’s recent financial decisions. But you saw that they had lost a lot of ground recently and it’s apparent some changes need to be made.
Perhaps you were even the one who reached out and suggested a change in their living situation. But your every effort was angrily shot down. What happens next? What can you do to keep your parents safer?
Are your parents no longer competent?
If reasoning with them gets you nowhere and the promise of home modifications with in-home care is rejected, you may need to seek a guardianship over them through the Virginia civil court system.In order to get a guardianship over another person, e.g., a parent or other elderly relative, you must prove to the Virginia civil courts that they are indeed incapacitated. Keep in mind that simply opposing a proposed move isn’t proof of incapacity. People have the right to self-determination up until that right is stripped from them.
Don’t let guilt overwhelm you
Keeping your loved one safe from predators and accidents should be paramount. That can include making some tough decisions. There will be consequences to your actions that can affect your relationship with the incapacitated person.A person who is no longer thinking coherently can’t make good decisions for themselves any longer. Stepping into that position protects them when they are most vulnerable. Learn more now about how guardianships can protect your incapacitated loved one.]]>