Pet Trusts in Texas
05/14/2013Dogs, cats, horses, iguanas, parrots. What will happen to your pets when you die? This is a big issue. Even the Texas Supreme Court has recognized the strong ties between owners and pets. Justice Willett, writing for the Court in Strickland v. Medlen, said “Over 50% of pet owners say they would rather be stranded on a deserted island with a dog or cat than with a human…… American pets now outnumber American children by more than four to one…. many animal owners view their pets not as mere personal property but as full-fledged family members, and treat them as such…” So how do you provide for care of your pet? Well, you can’t leave money directly to a pet. You shouldn’t leave money outright to an individual to take care of a pet. What’s left? A pet trust, of course. Texas is one of several states that officially authorizes [...]
Planning the Good Battle
05/10/2013“Nothing in Life is so exhilarating as to be shot without result.” Winston Churchill Gather your weapons and prepare for war. We are all in the midst of defending against the tribulations that come with old age. Protect yourself. We are not talking vitamins and exercise – we are talking about making sure that people respect your choices. You need a Medical Power of Attorney. If you have a stroke or are sedated in an operating room, you need to have a delegate who will make health decisions for you. Not the doctor, not the minister, and maybe not your child or parent. Your delegate needs to know how you feel about feeding tubes, limb amputation and cancer treatments. Your delegate needs the ability to put personal feelings aside to follow your wishes. You need a Designation of Guardianship. The laws have rigged guardianship in such a way that you [...]
The Patient Protection and Affordable Care Act
05/09/2013This is an excerpt from a recent National Association of Elder Law Attorneys summary: The Patient Protection and Affordable Care Act, a historic national health care reform law was enacted on March 23, 2010 with the goal of expanding and improving the health care of all Americans. The following is an overview of major provisions affecting older adults and people with special needs, which will gradually take effect between now and January 1, 2014. For more detailed information, see additional NAELA brochures on the law’s provisions for Medicaid, Long-Term Care, Medicare, Special Needs, the CLASS Act, and Nursing Home Transparency and Elder Justice. The health care reform law: Insurance Reforms • Provides immediate assistance to individuals with pre-existing conditions through temporary high-risk pools. • Allows young adults to continue to receive coverage through their parents’ insurance plans until age 26. • Prohibits insurers from placing lifetime dollar limits on coverage. [...]
Texas Tidbits
05/02/2013Here are some interesting tidbits of law that probably won’t come up in casual conversation, but could someday be VERY important to you. Texas courts and lawmakers like Texas law. Contracts for construction or repair of buildings, homes and other improvements located on property in Texas are interpreted under Texas law. Any provision in the contract that makes the contract subject to another state’s law or arbitration in another state is voidable. Certain consumer contracts can be cancelled by a consumer within 3 business days after the contract is signed. The merchant has to provide the consumer with a copy of the contract, and notice of the right to cancel. This covers contracts for goods and services exceeding $25 or purchase of real property for more than $100, where the merchant personally solicited the sale and the consumer signed the contract at a place other than the merchant’s place of [...]
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