Elder Law RI - An Overview

Elder Law RI - Overview

With advances in modern medicine, seniors are living longer than ever before. With seniors living to such advanced ages, there is a much greater need for attorneys dealing with Elders or "Elder Lawyers". In Rhode Island, Elder Law RI is a fast-growing industry but the question remains what exactly is it? What do seniors have to deal with that cannot be handled by any other type of lawyer? Truthfully a whole lot. Elder Law RI covers several topics relating to estate planning and other things that need to be addressed in your senior years. This article will be covering three of the most common areas of Elder Law RI and what they are.

Elder Law RI - Mediation

Everyone fights with their family but what if there is something that you simply cannot agree to with them? What if you were debating you ability to live alone or what you should do with your estate? These are all things that can be discussed with an Elder Law RI mediator. Elder Law RI Mediators are an unbiased third party who will sit in on your discussions and assist you in making decisions that are beneficial for all parties involved.

Elder Law RI - Contested Documents and Actions

When you make up your will for the way you would like your assets divided at the time of your death there can be questions required from other members of your family. If this is the case having the assistance of an Elder Law RI Attorney be very beneficial. This is easily defeated because a talented Elder Law RI Attorney will be able to document the process and verbiage in the will and help end the contest.

Elder Law RI - Durable Power Of Attorney

Having a durable power of attorney can be beneficial for situations that arise after you have passed away. For example, if you have money in your bank account that you have intended to pay for your funeral it may be impossible to access that money for several months if you do not have documentation in place that allows someone to be able to access your account quickly in the event of your death. Getting a durable power of attorney is simple and can be done quickly with an Elder Law RI attorney to assist you.

Contacting An Elder Law RI Attorney

As you can see the above are only a small portion of Elder Law RI but they are some of the most important. If you would like to contact an Elder Law RI Attorney the Law Office of Divorce Lawyers in RI Jeremy W. Howe can assist you today. Our office is available at any time to help you with Elder Law RI needs as they arise. If you would like to schedule a free initial consultation contact us today at 401-841-5700.

What to Look for in a Family or Divorce Mediator

There are many reasons you may be contemplating divorce, but we recommend trying mediation before taking the steps for file for divorce.  If you and your partner can agree to seek mediation with the intent of either reconciliation or avoiding a drawn-out and costly divorce, you need to seek a mediator that will keep conversations productive.

Here are some things to look for in a qualified mediator:

·       A good mediator will allow both partners to have their say and will know how to manage the balance of power in mediation sessions.

·       The best mediator for you and your partner will be able to win the respect of both parties.

·       A good mediator will recommend that attorneys for each party review any agreement before signing it.

·       Your mediator should have satisfied references from both sides of their mediated cases.

·       The mediator should have solid experience in handling marital estates, parenting, and custody issues, as appropriate to your situation.

Guardians ad Litem

Many people associate the term guardian ad litem with the care and protection of children.  Indeed, guardians ad litem are often appointed by courts in cases involving minors. Parents can petition to be appointed their child’s guardian ad litem. However, elderly individuals are often in need of someone to act and speak on their behalf if they are incapacitated in some way.  Courts usually prefer to appoint a family member—either related by blood or marriage--as the guardian for a senior but if there is no relative available without a conflict of interest in the matter, a friend or neighbor may serve in this capacity.

Frequently a guardian ad litem (GAL) is a trusted attorney experienced in dealing with elderly persons with disabilities or incapacities. An attorney specializing in elder law will be equipped to conduct an investigation to determine the needs of the ward. Such an attorney will visit the proposed ward, who must be informed of the right to contest the guardianship petition or object to the proposed guardian.

Don't Be a Financial Victim of Your Divorce

More often than not women become financial victims in the aftermath of divorce cases. This article offers a different perspective on how women should prepare and protect themselves financially. According to this article, the real issue begins with the mindset of divorce and alimony.

If women are to emerge from divorce in a financial situation that works for them in the long run, many need to begin thinking in a new way. Just thinking straight is difficult when undergoing this emotionally wrenching process. Thinking about money in a new way is especially difficult. Critical to this new mindset is the importance of looking out for yourself – not just regarding the division of marital assets, but also regarding your long-term financial security. 

— Laura Mattia

The Basics of Estate Planning

Exactly what is estate planning and why is it important? The process of analyzing and disposing of one's assets upon their death is the process of estate planning. At the law offices of Rhode Island Estate Planning Attorney Jeremy Howe, our experienced attorneys are committed to assisting clients through the arduous procedure by drafting wills and trusts for planning purposes. They analyze and solidify powers of attorney, tax implications real estate deeds and long term care options with the genuine concern for the well-being of each client. If you or a loved one is in need of an Rhode Island Estate Planning Attorney contact our Rhode Island legal office at 401-841-5700.

Understanding Property Distribution In Rhode Island

 Someone who doesn't have a lot of experience in legal battles may have certain assumptions about how the divorce process works. A common assumption about divorce is that all marital property is divided in half. This is not the case for each state.
 Because Rhode Island is an equitable state, the division of assets is not based on who has their name on each asset. The judge considers the following when distributing property:
- Duration of marriage
- The conduct of each spouse during the marriage and divorce proceedings
- The contribution of the spouse considered to be the homemaker, if applicable
- Age and health of each spouse
- Ability to obtain gainful employment
- Amount of money invested by one spouse for the other spouse's training and education

In order to file for divorce in Rhode Island you must prove residency for at least one year. You can file for no-fault or fault based grounds in Rhode Island because it is a mixed state. No-fault divorce will be granted for irreconcilable differences, or if you have been separated and living apart for at least three years. Fault based grounds are as follows:

- adultery
- impotence
- drug abuse
- extreme cruelty
- continued drunkenness
- any other lewd or cruel behavior

Going through this process can be scary if you attempt to do it alone. Make sure to do your research and contact an experienced Rhode Island divorce lawyer.

How Does Facebook Affect Divorce Rates?

Since the advent of Facebook, many people have reconnected in a way that was impossible before. When do the reconnections get in the way of a marriage? How does the use of Facebook affect your marriage? Read the article below to find out.

“If the preliminary findings in this study are sustained, it would represent an important step forward in the study of SNS and human behavior,” the researchers noted in the study’s conclusion. “It would also raise profound questions about the role of social media in daily lives. Finally, it would spur new lines of research in understanding the role of Facebook in divorce and marital satisfaction, prompting a host of policy-oriented research endeavors by social scientist.”

— Read More At Sacramento CBS local