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Increased Privacy Protections Proposed for the Probate Courts
Are you aware of your probate court privacy protections? Would you expect that the inventory of a loved one’s estate would be viewable by anyone in the public? If someone was seeking to become your guardian or conservator, would you think that documents with your medical conditions and prognosis or with your assets would be…
Keeping the Family Camp in the Family
With summer imminent, many Mainers and those “from away” will be heading to their camps or vacation properties for relaxation and recreation. Frequently, these camps are legacy properties that have been used by families for generations providing an important family tradition and shared memories. As time passes, the number of family members who wish to…
Changes to the Federal Nursing Home Requirements
In order for skilled nursing home facilities to receive payment under the Medicare or Medicaid programs, the facility must meet certain federal requirements. The Centers for Medicare and Medicaid Services (CMS) has recently released a final rule revising these requirements. This is the first comprehensive update to long-term care facility requirements since 1991. CMS released…
It’s Just Stuff, After All
It is not surprising that only 42% of adults in the U.S. have a documented estate plan. It is easy to put estate planning off until tomorrow rather than confront the uncomfortable truth that we will some day die, and face the difficult decisions that are best made in advance of that day. One of…
Gifting Powers in Financial Powers of Attorney
A financial power of attorney (also called durable power of attorney or general power of attorney) is an important part of your estate plan. If you become incapacitated and are unable to act and make decisions for yourself, a financial power of attorney authorizes another individual to act for you. In the document, you are…
Third-party Contract Beneficiaries
Frequently, an individual or entity not a party to a specific contract may be affected by a breach to that contract. For example, a municipality may contract with a landscaper to periodically remove brush and other shrubbery encroaching on a road. A homeowner uphill from that road gains a benefit from this contract as it…