Frank, Frank & Scherr, LLCElder Law, Estate Planning & Special Needs Planning2026-07-15T14:29:40Zhttps://www.frankelderlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1601048/2020/07/cropped-Favicon-32x32.pngOn Behalf of Frank, Frank & Scherr, LLC<![CDATA[How is a living will different from a power of attorney?]]>https://www.frankelderlaw.com/?p=476032026-07-15T14:29:40Z2026-07-15T14:29:40ZBoth living wills and powers of attorney can be used when creating an estate plan. Often, these are both set up to address future medical decisions.
Though similar in focus, these documents both approach the issue much differently. With a living will, the goal is typically to make decisions in advance. For instance, if you suffer a stroke and are being kept on life support, do you want that medical assistance to continue, or would you prefer not to be kept on life support at all?If you have a preference one way or the other, you can list that instruction in your living will. This is a legally binding document as part of your estate plan, so it provides guidance not only to the medical team that is treating you, but also to your family members. It lets them know what type of care you would have preferred.
A power of attorney
With a power of attorney, the focus is on choosing an agent. If you are incapacitated, such as if you have a stroke and cannot communicate your wishes to your doctors, then the agent gains the ability to make medical decisions on your behalf.This does not necessarily mean that you have given that agent specific instructions. Instead, you simply trust them to consider the realities of the situation, talk to your medical team, speak with your family and make appropriate decisions that are in your best interests.Both of these documents can certainly be helpful, and it is important to consider your medical future when creating an estate plan. Take the time to carefully consider all of the legal options at your disposal.]]>On Behalf of Frank, Frank & Scherr, LLC<![CDATA[What duty of care does a guardian owe an adult ward?]]>https://www.frankelderlaw.com/?p=476022026-06-30T13:15:26Z2026-06-30T13:15:26ZPeople experiencing cognitive decline, dealing with dementia, diagnosed with serious brain injuries or struggling to manage significant mental health challenges may not be able to handle their own affairs.
While it is often a last option after exhausting other alternatives, the courts in Maryland can appoint a guardian to oversee the finances, medical care and daily life of an incapacitated adult. What responsibility does a guardian have to the alleged disabled people or wards in their care?
Guardians have a fiduciary duty
Guardians hold many of the same forms of authority as parents maintain over children. They have the right to make decisions about day-to-day life and healthcare. They manage resources and financial obligations on behalf of the allegedly disabled person in their care.That degree of authority is easy for people to misuse. Therefore, the stateimposes the highest standard of duty on the guardian. Guardians have a fiduciary duty to the person in need of support.They must consistently put the best interests of the alleged disabled person ahead of their own wishes when making decisions about their life and finances. The failure to uphold that duty can result in the courts transferring authority to someone else or holding a guardian responsible for the practical consequences of their failure.Understanding the obligations imposed on guardians is important for not only those seeking guardianship authority but also those concerned about the well-being of a loved one who is subject to a guardianship. Conversations with legal professionals can help peopleunderstand adult guardianship, protect their authority or take action when a guardian does not fulfill their obligations.]]>On Behalf of Frank, Frank & Scherr, LLC<![CDATA[Leaving an inheritance to a beneficiary with special needs]]>https://www.frankelderlaw.com/?p=476002026-06-18T15:46:40Z2026-06-18T15:46:40ZIf you have a family member with special needs, you may certainly want to include them when you make your estate plan. You may know that they have a limited income, for example, or none at all. Leaving them an inheritance can be life-changing. The money may mean more to them than to another beneficiary, who has their own source of income and a lower level of need.
In this situation, it is important to plan ahead carefully. Though the money can really help your chosen beneficiary, there can be some complications, depending on how you leave them the inheritance.
Maintaining access to benefits
One key detail to consider is whether the person with special needs receives government benefits. They may have applied for certain benefits to help them with necessities like medical care or housing. They rely on having access to these benefits on a consistent basis.But if those benefits were only granted after they passed a means test, their own net worth plays a significant role. If you leave them an inheritance, you could accidentally disqualify them. They will lose their benefits until they spend the inheritance, and then they will have to reapply.You can often get around this issue by simply putting the money into a special needs trust. You still name them as the beneficiary, but the trust owns the assets instead of the individual, so they will not be disqualified from the benefits package that they already receive.Of course, every situation is unique, but this helps to demonstrate why you need to carefully look into all of your legal options when setting up an estate plan.
]]>On Behalf of Frank, Frank & Scherr, LLC<![CDATA[Too rich for Medicaid, too poor to afford nursing home care]]>https://www.frankelderlaw.com/?p=475982026-06-15T15:36:39Z2026-06-15T15:36:39ZWhy so many families feel stuck
When a parent needs long-term care, the financial questions can feel overwhelming. You may discover that paying for care could strain your parent's savings, but Medicaid may not be available right away. Several realities can leave you feeling caught in the middle:
Facing nursing home bills that can reach thousands of dollars each month
Realizing that your parent's savings may not last for several years of care
Learning that certain assets can affect Medicaid eligibility
Worrying about how care expenses could affect your family's finances
Feeling pressure to help protect money your parent spent years saving
These concerns can create tremendous stress. Even families that planned carefully can find themselves in a position where the cost of care seems impossible to manage.
Being over Medicaid's limits is not the end of the story
Medicaid eligibility depends on several factors, including income, assets and personal circumstances. Your parent does not automatically qualify because they need nursing home care, and having assets above Medicaid's limits does not automatically answer the question of how care will be paid for.
The type of assets your parent owns can affect how Medicaid rules apply to their situation. Because eligibility rules can vary based on individual circumstances, families with similar savings may still face different outcomes.
Looking at the bigger picture
Your parent may have prepared carefully for retirement and still face challenges paying for long-term care. Many middle-class families discover that the cost of extended care can exceed what they realistically planned to spend.
This difficult middle ground exists because the cost of care can outpace what many families can afford, while Medicaid eligibility depends on financial rules that do not always match a family's practical circumstances. As a result, questions about long-term care frequently involve more considerations than simply whether a person has too much money for Medicaid.]]>On Behalf of Frank, Frank & Scherr, LLC<![CDATA[Who is a surrogate decision maker for medical care in Maryland?]]>https://www.frankelderlaw.com/?p=475972026-06-10T18:50:31Z2026-06-10T18:50:31ZIf your loved one cannot make medical decisions on their own and has not named a health care agent, Maryland law may allow another person to step in. A surrogate decision maker in Maryland can make certain treatment choices when no advance directive controls the situation.
Under Maryland elder law, a surrogate should follow the patient's known wishes whenever possible. If those wishes are unknown, decisions should reflect the patient's best interests, values and personal beliefs.
An adult child familiar with the patient's wishes and values
A parent who can help protect the patient's best interests
An adult sibling involved in the patient's care or well-being
A close friend or relative with regular contact and personal knowledge
Not everyone may qualify for this role. A person subject to a protective order involving the patient may be prevented from acting as a surrogate decision maker. A spouse may also lose eligibility if the couple has entered a separation agreement or divorce proceedings have started.A surrogate decision maker in Maryland should follow the patient's known wishes whenever possible. Medical decisions may take into account the person's beliefs, values, past choices and likely preferences. If those wishes cannot be determined, decisions should focus on the patient's best interests and overall well-being.Maryland elder law also places limits on a surrogate's authority. Certain medical decisions cannot be authorized through this process, and treatment choices should not be based solely on a person's long-term disability or financial circumstances. The patient should also be informed of proposed treatment and the surrogate's role whenever possible.Medical emergencies and serious illnesses can create uncertainty for families. Understanding how a surrogate decision maker in Maryland is selected and what responsibilities come with that role may help you prepare for unexpected situations. Maryland elder law offers important protections for patients and their families when advance planning documents are not available. Seeking legal guidance may help you understand your options and responsibilities.]]>On Behalf of Frank, Frank & Scherr, LLC<![CDATA[Can your beneficiaries get your estate executor removed?]]>https://www.frankelderlaw.com/?p=475912026-05-25T21:15:15Z2026-05-25T21:15:15ZIf this is the year you’ve committed to putting your estate plan in place, one of the most important decisions you’ll make is choosing your personal representative (commonly known as an executor). This is the person who will be in charge of administering your estate, so it’s critical to give that decision a lot of thought and to make certain the person you choose agrees to do the job when the time comes.
We’ve discussed here in the past what kind of qualities to look for when choosing a personal representative, as well as the importance of naming at least one alternate. However, what if some of your family members aren’t happy with your choice – even (or especially) if it’s another family member? Can they have your personal representative removed or does your choice have to be honored?That’s a question that concerns a lot of people – particularly if there are serious family conflicts. Probate laws typically give substantial weight to the wishes of the person who creates an estate plan. That goes for their choices of administrators (executors, trustees, those with power of attorney and so forth).
Reasons under the law for removal
Assuming that a personal representative meets the legal requirements of the state and they want to continue in the position, the probate court will not remove them without valid grounds. These grounds involve either serious wrongdoing or the inability to handle the responsibilities. Under the law, these include:
Intentionally disregarding a court order
Mismanaging property
Inability to “discharge the personal representative’s duties and powers effectively”
If one or more of these or other reasons for removal are alleged, the personal representative is entitled to a court hearing where “all interested persons” can present their case. Ultimately, the court is supposed to let them continue in the position if it “would be in the best interests of the estate and would not adversely affect the rights of interested persons or creditors.”You can see why it’s critical to choose a personal representative who is capable of handling the job and will do so honestly. You can also see why it’s wise to choose an alternate who would likely be appointed as their successor.If you’re creating your estate plan at a time when you plan to live a lot more years, it’s important to remember that circumstances may change that warrant choosing a more appropriate personal representative down the line. When you partner with an estate planning professional, you can minimize the number of modifications you need to make to your estate plan and help ensure that you make the appropriate changes when necessary.]]>On Behalf of Frank, Frank & Scherr, LLC<![CDATA[Estate planning tips to safeguard your assets as a senior]]>https://www.frankelderlaw.com/?p=475882026-05-12T16:20:41Z2026-05-12T16:20:41ZEstate planning is one of the most important steps seniors can take to protect their assets, family and future wishes. While many people delay the process, having a clear estate plan can reduce confusion and stress for loved ones later in life.
A well-prepared estate plan does more than distribute property after death because it also addresses health care decisions, financial management and protection of important assets if you become unable to make decisions for yourself.
1. Create a clear and updated will
A will serves as the foundation of most estate plans. It outlines how your assets should be distributed and identifies the people responsible for carrying out your wishes.Without a valid will, state laws may determine who receives your property. Reviewing and updating your will regularly is important, especially after major life changes such as retirement, remarriage or the loss of a family member.
2. Consider using a living trust
A living trust can provide additional protection and flexibility for seniors with property, investments or multiple beneficiaries. Assets placed into a trust may pass directly to beneficiaries without going through probate.Trusts can also help maintain privacy and provide instructions for managing finances if you become incapacitated.
3. Prepare powers of attorney
Estate planning should also include documents that address financial and medical decisions during your lifetime. A power of attorney allows a trusted person to manage financial matters if you cannot do so yourself.
4. Organize financial records and beneficiary information
Keeping accurate records of bank accounts, insurance policies, retirement accounts, property deeds and debts is an important part of protecting your estate.You should also review beneficiary designations regularly because these designations may override instructions in your will. Having organized records can help your family manage your estate more efficiently.
5. Protecting your legacy and family
Estate planning gives seniors greater control over their financial future and personal wishes. Taking proactive steps early may help preserve assets and avoid unnecessary legal complications later.Seeking reliable and professional legal advice can help you create a complete estate plan, protect your loved ones and ensure your wishes are carried out according to your goals and priorities.]]>On Behalf of Frank, Frank & Scherr, LLC<![CDATA[2 ways financial assets can skip probate]]>https://www.frankelderlaw.com/?p=475872026-04-24T21:18:39Z2026-04-24T21:18:39ZWhen you pass away, many of your assets are going to go through probate. But it is important to remember that not all of them are bound by this process. There are some assets that can skip probate entirely, often by transferring out of your possession upon your passing.
One example of this is a payable on death account. This is also known as a Totten trust.When you set up this type of account, it still operates similarly to a traditional financial or banking account. You are the only one who has access to it, but you can name a beneficiary who should become the account holder upon your passing. Because it is set up this way, it automatically transfers into their name, and they can often access those funds before probate has been completed.
A life insurance policy
A life insurance policy is similar. You buy the policy while you are alive, so you think of it as an asset that you own. But when you pass away, the life insurance provider makes the payout to your selected beneficiary.In some cases, an estate plan may actually be in conflict with the beneficiary designation on a life insurance policy. At that time, it is important to note that the designation usually takes precedence. The insurance company is going to pay the beneficiary that they were instructed to pay, regardless of what you wrote in your will.
Comprehensive estate planning
Making an estate plan is important, and it is crucial to think about all of the assets you own and how they may or may not be impacted. Be sure you know what legal steps to take to make a plan that works for your family.
]]>On Behalf of Frank, Frank & Scherr, LLC<![CDATA[3 signs it may be time to review and update an estate plan]]>https://www.frankelderlaw.com/?p=475862026-04-13T23:18:53Z2026-04-13T23:18:53ZMaryland estate plans help protect dependent family members and create a legacy for people who die. They can also outline medical preferences and grant legal authority to other adults in emergency scenarios.
Estate plans may retain their authority indefinitely, but reviewing them occasionally to ensure they are accurate is still an important undertaking. How can people recognize when it may be time to review and modify an existing estate plan?
1. Changes in major relationships
Any significant change in family dynamics can make anestate planning update necessary. Both marriage and divorce generally make updates necessary.The birth of new beneficiaries or the death of people named in documents can also impact estate planning needs. Even estrangement from children and other family members can affect the best estate planning protection.
2. Shifts in personal holdings
Selling a professional practice prior to retirement or buying a bigger house are both transactions that could make estate planning reviews necessary. People may need to remove assets that they have sold from their estate planning documents or add beneficiary designations for valuable, recently acquired property.
3. Going years without a review
It is often advisable to review estate planning documents every three to five years for accuracy and legal compliance. Between changes in personal circumstances and evolving state statutes, documents can become outdated with little warning.Working with an estate planning attorney to routinely examine and modify existing documents can help Maryland residents optimize their legal protection. Regular updates are an important part of theestate planning process.]]>On Behalf of Frank, Frank & Scherr, LLC<![CDATA[Add a spendthrift trust to your estate plan]]>https://www.frankelderlaw.com/?p=475852026-03-23T23:03:43Z2026-03-23T23:03:43ZWhen doing your estate planning, you may come to realize that certain heirs may need more restrictions placed on their future inheritances.
While spendthrift trusts won’t be needed by every estate planner, they can come in handy for heirs who struggle with money management, substance abuse or other issues. Learn more about this estate-planning option below.
Who benefits most?
Trust grantors typically incorporate more restrictions on these trusts to prevent the beneficiaries from accessing and draining the trust’s principal by only receiving pre-scheduled disbursements of the funds from trustees.Beneficiaries may chafe at the restrictions, but they actually can benefit from proper investment and management of the trust’s principal. Keep in mind that not every heir is financially savvy and able to wisely manage large sums of money.
Choose unrelated third parties as trustees
One way to sow discord into formerly affable relationships is to appoint one family member over the finances of another relative. This can set up a power imbalance that destabilizes the familial ties and erodes the relationship.It’s far better to preserve the relationship between the parties by choosing an unrelated neutral party to oversee the trust’s management and handle financial disbursements.
What if beneficiaries are upset at the restrictions?
It’s important to understand that, outside of abiding by a few basic rules about inheritance law, people are free to leave their funds to whomever they choose. However, if beneficiaries are upset by the terms of their inheritance, they are always free to refuse it.]]>