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Change in Maine Law Regarding Liability of an Agent Serving Under a Financial Power of Attorney
In a financial power of attorney, one person (the principal) gives another person (the agent) the authority to manage the principal’s property and to make financial decisions for the principal. A financial power of attorney (FPOA) is a very powerful document. An expansive FPOA may give the agent authority that is as broad as or…
The Forgotten Step in Estate Planning: Beneficiary Designations
Individuals often believe that a last will and testament is sufficient estate planning. However, a complete estate plan includes a last will and testament and planning for incapacity with a financial power of attorney and an advance health care directive. In some cases, a revocable living trust will also be included in the estate plan….
Expanded Access to SSI: What Maine Residents Need to Know
The Social Security Administration (SSA) recently announced a significant update to the Supplemental Security Income (SSI) program that will benefit many individuals in Maine. This update, effective September 30, 2024, broadens the definition of a public assistance household, making it easier for more people to qualify for SSI and potentially increase the payments for current…
Can You Sue Your Town Over Potholes in Maine?
As Spring approaches, I often get asked whether people can sue their town over potholes. This question comes from clients, friends, and family, sometimes in a half-joking, half-serious manner. Legally speaking, municipalities are generally immune from lawsuits over potholes under the Maine Tort Claims Act, 14 M.R.S.A. § 8101, et seq. This statute shields all…
FIFTEEN MYTHS REGARDING MEDICAID NURSING HOME BENEFITS IN MAINE MYTH 2
This series highlights the eligibility rules for Maine Medicaid (MaineCare) nursing home benefits and dispels certain myths the families that work with our office often hear. Myth 2: I Have to Give Away Everything I Own to Get Medicaid. The Truth: Certain assets are non-countable or exempt and are typically not considered when an individual…
6 Estate Planning Questions, Answered
Estate planning is a personalized process impacted by each individual’s unique family and financial circumstances. Estate planning attorneys are often asked the following questions, and the answers are important to understand as you prepare your estate plan. 1. What Is the Difference Between a Will and a Trust? A will is a document that directs…