Fernandez Elder Law LLC FindLaw IM Template 2026-07-07T13:43:05Z https://www.fernandezelderlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1200637/2020/12/cropped-Fernandez-Elder-Law-site-icon-32x32.jpg On Behalf of Fernandez Elder Law LLC <![CDATA[3 challenges that make discussing your will with family difficult]]> https://www.fernandezelderlaw.com/?p=47260 2026-07-02T13:43:43Z 2026-07-07T13:43:05Z The topic of your passing can make people uncomfortable One of the biggest challenges you might face is that talking about your will forces you to think about death. Most people do not enjoy this, and the conversation can feel uncomfortable or depressing. You might worry about upsetting family members or making them uncomfortable. However, avoiding this discussion does not change the fact that planning is necessary. People eventually pass away, and this includes you. Having a clear plan in place can provide peace of mind for you and your family. Consider framing the conversation as an act of love and responsibility, not something grim. You are taking steps to protect your family from unnecessary stress and legal complications during an already difficult time. Starting with this positive perspective might make the discussion feel less daunting.

An unequal distribution of your assets can cause arguments

Another significant challenge arises when your will includes unequal distributions among beneficiaries. You may leave more to a child who cared for you or less to someone who is already financially secure. Maybe you have specific reasons for your decisions that make sense to you. Family members might not see things the same way. Unequal distributions can trigger feelings of favoritism, resentment or hurt. Some relatives may question your reasons or feel left out. These emotional reactions can make you hesitant to share your plans openly. It may help to explain your reasons to your loved ones. Try to be considerate and compassionate. While you are not obligated to justify your choices, providing context might help family members understand your perspective and reduce potential conflicts after you are gone.

Family dynamics can be complex and messy

Family conflicts can make these conversations harder. If you have estranged relatives, blended family situations or ongoing disagreements among family members, talking about your estate plan might feel like opening old wounds. You might fear that discussing your will could escalate existing tensions or create new arguments. You may worry that some family members will pressure you to change your plan or try to manipulate you. Despite these concerns, having the conversation might still be worthwhile. If group talks feel too tense, you may want to consider meeting with family members one at a time. You might also explore working with a neutral third party who can help facilitate productive discussions and keep emotions in check.

Securing your legacy to protect your loved ones

Addressing these challenges can help you communicate your wishes more clearly and reduce uncertainty for your loved ones. By approaching these conversations with honesty, preparation and compassion, you can help your family understand your wishes for the future. Taking the initiative to talk to them now can help protect your legacy and your loved ones after your passing.]]> On Behalf of Fernandez Elder Law LLC <![CDATA[3 ways families accidentally lose SSI eligibility]]> https://www.fernandezelderlaw.com/?p=47257 2026-04-06T14:27:12Z 2026-04-08T12:37:43Z Giving money or assets directly to the beneficiary Giving cash or transferring assets can disqualify a person from SSI because the law limits how much a person can own, usually $2,000 for an individual under SSA rules. Once money is deposited into their name or account, SSI treats it as belonging to the SSI beneficiary. That means even a small deposit, a gift, or money added to their bank account can push them over the limit. When that happens, SSI can stop until you bring the amount back down.

Paying for food or housing the wrong way

SSI views assistance with food or housing as income, even if you never hand over cash. Social Security rules refer to this as in-kind support and maintenance. If you pay for rent, groceries, or utilities, SSI assumes your loved one needs less monthly support, which can lead to a reduced benefit or a change in eligibility.

Naming the beneficiary in an inheritance or payout

SSI considers inheritances as countable resources immediately upon payout. If the amount exceeds the allowable limit for countable resources, benefits can stop. This includes money from a will, life insurance, or a legal settlement that pays directly to them.

Get it right before it becomes a problem

You’re just trying to help, but how that help is given can change what happens next. Taking a step back and planning it out can help you support your loved one without putting their benefits at risk. If you’re unsure how to structure that support, a special needs planning attorney can help you get it right from the start. That way, you can move forward knowing your support is doing exactly what you meant it to do.]]> On Behalf of Fernandez Elder Law LLC <![CDATA[How does durable power of attorney work in Missouri?]]> https://www.fernandezelderlaw.com/?p=47253 2026-01-02T11:41:08Z 2026-01-07T11:40:42Z What is a durable POA? Under Missouri law, any competent adult can create a durable POA for their: In the event of your incapacity or disability, your agent shall have legal authority to manage your affairs for you. Depending on the terms of your POA, your agent can:
  • Manage your bank accounts
  • Manage your government benefits
  • Oversee your life insurance policies
  • Complete your real estate transactions
  • Choose your health care providers
  • Access your medical reports
  • Be responsible for your medical decisions
Since this person is your legal representative, they also have the power to review and sign your legal documents.

How can I create a durable POA?

To create a durable POA in Missouri, you must be at least 18 years old and of sound mind. After drafting your document, you must sign it in the presence of two non-blood, adult witnesses and a notary public. While your durable POA is valid in other states on a temporary basis, a change in your residency must warrant the creation of a new document that your new state recognizes. By understanding your rights as the principal of your durable POA, you can make informed decisions that can accommodate your financial and/or medical needs for the future.]]> On Behalf of Fernandez Elder Law LLC <![CDATA[What you need to know about a living trust]]> https://www.fernandezelderlaw.com/?p=47252 2025-10-09T05:37:06Z 2025-10-14T05:36:23Z the living trust. This estate planning tool can be highly effective, carrying many benefits that might be right for you.

What is a living trust?

A living trust is an estate planning vehicle that’s created while you’re still alive. In short, you transfer assets to the trust during your lifetime in either a revocable or irrevocable fashion. Why would you want to do that? There are several benefits to utilizing a living trust. They include:
  • Saving time and money by avoiding probate: Unlike a basic will, a living trust doesn’t have to go through the probate process. This can save your estate a lot of time and money, ensuring that your identified beneficiaries receive their inheritances quickly.
  • Maintaining privacy: Once wills hit the probate court process, they become part of the public record. Living trusts, on the other hand, can remain private. So, if you don’t want knowledge of your financial positioning and your asset distribution scheme out in the general population, then you’ll want to consider using a living trust.
  • Using a successor trustee: Through a living trust, you can name another individual or entity to step in to manage the trust if the original trustee becomes incapacitated or passes away. This ensures that your assets will be managed with consistency and that there won’t be a disruption in the distribution of those assets.
  • Providing flexibility: As mentioned above, a living trust can be revocable. This gives you the ability to modify it as circumstances and relationships change. In other words, you retain control to direct asset distribution in a way that you see fit.
  • Allowing you to retain control: With a living trust, you can specify how assets will be distributed and when. This gives you significant control over the asset distribution process, which may provide you with peace of mind.
  • Allowing for greater protection: Living trusts can be difficult to challenge. To successfully invalidate one, a challenger must typically prove that the trust’s creator lacked mental competency or was subjected to undue influence when the trust was created, when assets were transferred to the trust and when those assets were released to named beneficiaries. This can be a difficult burden to clear.
  • Providing tax benefits: Assets that are placed into a living trust may avoid estate taxes. Depending on the size of your estate, this could save your estate and your loved ones a significant amount of money.

Be informed as you work to create your estate plan

There’s a lot of thought that has to go into creating an estate plan. That can be stressful to think about, and estate planning may not be at the top of your list of priorities. However, since you’ve found yourself to this blog, you’re taking the first steps in gaining the knowledge needed to create an effective and successful estate plan. If you’d like to learn more, then we encourage you to continue reading our posts and to speak with a professional about which estate planning options are best for you.]]> On Behalf of Fernandez Elder Law LLC <![CDATA[Can guardianship be terminated in Missouri?]]> https://www.fernandezelderlaw.com/?p=47251 2025-07-09T09:10:02Z 2025-07-14T09:09:49Z Common reasons for termination If you are a ward, perhaps you feel like your guardian is neglecting you or not performing their duties appropriately. You could even believe they are committing fraud or another type of crime, such as mishandling your funds. Alternatively, you might believe your situation has changed and you no longer need a guardian. A physical illness that you heal from or a mental condition that improves may leave you wanting to make your own decisions again. Maybe you never wanted a guardian to begin with and want to know if terminating your guardianship is a realistic option. Whether you want a new guardian or want to terminate your guardianship altogether, you cannot do so without a court order. The court has power to modify or terminate a guardianship if evidence shows that a change or termination is best.

The court process

To modify or terminate a guardianship, a petition must be filed with the court. You can file this petition even if you are the word. Otherwise, the guardian or anyone impacted by the guardianship can file the petition. Therefore, if your loved one has a guardian that you believe should be removed, or if you believe your loved one no longer needs a guardian, you can file a petition for modification or termination. This is true even if you were not involved in the initial guardianship appointment. A court holds a hearing once a petition is filed to determine what changes, if any, should be made to the guardianship. Both sides have an opportunity to present evidence and testimony and argue their positions.

The court has various options

A court can hold that the ward cannot make certain decisions on their own and that the guardianship is still necessary but appoint a new guardian. If a court determines that the ward is now capable of making independent decisions and physically and mentally fit the guardianship could be terminated. A serious illness is a common example of when terminating a guardianship is appropriate. A guardian might be appointed when an individual becomes incapacitated due to illness and cannot communicate or is in a coma. Once their health improves or they can communicate again, the guardianship could be terminated. Sometimes a court finds that a guardian should never have been appointed in the first place because the conditions never required guardianship. However, this is usually difficult to prove. At other times, a court decides that no changes should be made and the guardianship continues. What a court could do in your situation depends on your circumstances. It is best to talk with a professional to learn about your expected outcome.]]> On Behalf of Fernandez Elder Law LLC <![CDATA[How can you ensure that your assets last longer?]]> https://www.fernandezelderlaw.com/?p=47248 2025-04-16T08:01:24Z 2025-04-21T08:01:00Z
  • Spendthrift trust: If you’re worried about your assets being quickly squandered away after being inherited, then a spendthrift trust might be a viable option for you. With this trust, assets are incrementally released to the beneficiary over time so that they can’t be spent away in quick order. This ensures that your loved one will have financial support over a longer period of time.
  • Discretionary trust: This trust allows the trustee, the person responsible for managing the trust, to decide when assets should be released to a named beneficiary and in what amounts. If you have a trustworthy individual acting in that capacity, then you can rest assured that they’ll keep your wishes in mind when they release assets in a way that ensures that the trust will last a long time.
  • Incentive trust: When creating this trust, you can condition the release of assets on the completion of a task. You have wide latitude here, so you can be creative in figuring out what sort of condition you want to be met. It can be a beneficiary graduating from college, getting married, having a child, completing a financial literacy course or even completing substance use treatment.
  • Generation-skipping trust: This trust allows you to leave assets to your grandchildren and, as the name implies, skip over your children. There are tax advantages to using this type of trust, but it also ensures that your assets will support your extended family for longer.
  • Proper beneficiary designation: You have complete control over who inherits your assets. So, choose them wisely so that you don’t leave your assets in the hands of those who will use them irresponsibly.

    • Learn about your estate planning options so that you can choose those that are right for you

    There are a lot of issues to address when you engage in the estate planning process. While that can be stressful to think about, don’t let it scare you to the point that you procrastinate. Instead, educate yourself as much as possible so that you can make the fully informed decisions that are right for you and that can bring your vision of the future into]]>         On Behalf of Fernandez Elder Law LLC <![CDATA[Seeking a conservatorship for an elderly parent]]> https://www.fernandezelderlaw.com/?p=47245 2025-01-13T18:14:40Z 2025-01-13T07:20:52Z When is someone incapacitated? The state of Missouri classifies someone as incapacitated if they are unable to receive and understand information or communicate decisions about their physical and mental condition to an extent they are at risk and cannot meet their basic needs. Although it is not legally required, guardianships and conservatorships are often set up at the same time, and the same person is appointed as guardian and conservator.  In some circumstances, the incapacitated adult may suggest a conservator if they can communicate their choice to a court. When there is no suitable person to serve as a conservator, the court appoints someone. In that order, they will consider the person’s spouse, parents, adult children, adult siblings, or other close adult relatives. If none are available, then non-family members are considered. A public administrator may ultimately be appointed if no one else is available.

    Conservatorships can be limited or full.

    A limited conservatorship only allows the conservator the authority to make specific decisions about the person’s estate. A full conservatorship allows the conservator the authority to make all financial decisions.  Examples of decisions include deciding what bills to pay using the person’s finances or assets or deciding whether to sell their property to help pay expenses. Sometimes, a conservator is given the power to enter contracts in the person’s name, such as rental agreements. Despite the power a conservator can potentially hold, a court continues to oversee the conservatorship to ensure the conservator is performing their duties properly and protecting the incapacitated person from abuse or neglect.

    Acting sooner rather than later

    It is best to initiate the conservatorship process when you first see the signs that it may be necessary and after all options are exhausted. This prevents you from having to make a difficult decision after an event or diagnosis that makes clear your loved one can no longer care for themselves. Realizing that someone you love can no longer care for themselves is hard on both of you. However, if you wait too long to pursue a legal option such as a conservatorship, the consequences could be devastating, and the process could be more complex in the long run.]]>         On Behalf of Fernandez Elder Law LLC <![CDATA[5 events that may warrant estate plan modification]]> https://www.fernandezelderlaw.com/?p=47243 2024-10-04T16:17:39Z 2024-10-04T17:00:46Z Events that warrant estate plan modification Although estate plan modification certainly isn’t required, if you want yours to continue to meet your needs, you may want to consider modification when major life events occur. This includes each of the following:
    1. Marriages and divorces: These events bring new people into your family or cause them to leave. Yet, if you don’t modify your estate plan to add or remove these individuals as you see fit, then your assets could pass into the hands of someone who no longer has an attachment to your family, or you could inadvertently cut out someone who is now close to you or someone you love. So, look at your estate plan if a marriage or divorce occurs involving you or a named beneficiary.
    2. Births and deaths: Births and deaths can impact your asset distribution scheme. If you don’t add a child to your estate plan, they may not inherit what you intended for them. Suppose you don’t remove deceased individuals from your plan. In that case, you can create confusion about where assets should be distributed, and they may pass down the deceased individual’s family line, which may not align with your wishes.
    3. Changed relationships: If you have a falling out with someone named as a beneficiary in your estate plan, you might want to modify your estate plan to reflect that change. You can leave fewer assets to that individual, change the requirements for them to receive their inheritance, or even remove them from your estate plan altogether. But all of these options will require action on your part.
    4. Acquisition of new assets: Although you may have a catch-all provision in something like a pour-over will, it’s always a good idea to revisit your estate plan when you acquire a new asset, especially if it’s valuable. That way, you can ensure it's handled appropriately when the time comes.
    5. Changed interests: You don’t have to leave all of your estate to your loved ones. If there’s a particular cause that you’re interested in supporting, then you can create something like a charitable remainder trust to provide for that cause. So, if you develop new interests, you may want to revisit your estate plan to account for the charitable causes you wish to contribute.

    Don’t let your estate plan get away from you

    We understand that it can be hard to keep estate planning at the front of your mind as time passes. But you must revisit your plan and reconsider its terms when major life events occur. Otherwise, you may lose the control over your estate that you’ve worked so hard to acquire. So, if you have questions about navigating your estate planning questions, now is the time to seek any guidance you may need.  We are here to help you with that process.  ]]>         On Behalf of Fernandez Elder Law LLC <![CDATA[Two estate planning options to help qualify for Medicaid]]> https://www.fernandezelderlaw.com/?p=47240 2024-07-11T20:25:00Z 2024-07-08T14:00:17Z What tools can you use to engage in effective Medicaid planning? There are several options available to you. You need to use those that are best suited to your situation so that you protect your assets as fully as possible. Here are some estate planning tools that you may want to consider:
    • An irrevocable trust: With this type of trust, you give ownership over the trust assets to the trust itself. Since you no longer own the assets, they’re removed from Medicaid eligibility consideration. There is a five-year look back so any transfers must be made five years before applying for Medicaid.
    • An annuity: With an annuity, you pay a single lump sum to an insurance company in exchange for them sending you a monthly check over a period of time, often for the rest of your life. If you have these payments made to your spouse, then they won’t be deemed countable assets for Medicaid eligibility purposes. This can ensure that you support your spouse appropriately without having to lose those assets to your long-term care needs.
    These are just two of the Medicaid planning options that you may be able to utilize to qualify for Medicaid. Just remember that there’s a lookback period, so if you plan to spend down your assets, it’s better to start doing that sooner rather than later. Otherwise, you could end up facing a penalty period that leaves you on the hook for a significant amount of your healthcare costs. So, don’t hesitate to consider your estate planning options and act on those that position you for Medicaid eligibility.

    Do you need more guidance creating your estate plan?

    Although estate planning can seem rather straightforward, it can actually be quite complex if you want to customize your plan to get as much out of it as possible. If you think you need help figuring out the best way to approach your estate plan, then continue to read up on your options and how Medicaid is implicated. Don’t wait too long to act, as you never know when your health can take a turn for the worse, leaving you with extensive care that you didn’t expect.  ]]>         On Behalf of Fernandez Elder Law LLC <![CDATA[Understanding the Medicaid planning process]]> https://www.fernandezelderlaw.com/?p=47237 2024-04-10T16:22:46Z 2024-04-15T09:01:09Z The importance of starting early There are many reasons to engage in Medicaid planning early. You might find you do not meet the income limits to qualify for Medicaid, or your available assets are over the limits, and you need to spend down or convert assets to qualify. This process can take time and preparation. Qualifying for Medicaid is often a complicated process. Benefits can be denied for minor reasons, such as not receiving a document in time or accidentally entering the wrong information in an application. While you can appeal a denial and sometimes get the denial overturned, this only increases the time you must go without benefits. The purpose of Medicaid planning is to create a situation where you have the best chance of qualifying for Medicaid with no roadblocks that can delay the process. This is important because Medicaid provides many benefits, one of which is ensuring you or your family members receive long-term care at an affordable cost. It also helps preserve certain assets for your family members or loved ones and allows a healthy spouse who remains at home to be financially secure.

    First steps in the Medicaid planning process

    Medicaid planning typically involves the help of multiple professionals, including an elder law attorney. If you are the one who will be applying for Medicaid, the process usually starts with a review of your financial resources and health status. This process can take several weeks. After this review, you will know your likelihood of qualifying for Medicaid. If your situation shows that you will likely not qualify for Medicaid, it is time to explore options to help you become eligible. These can include setting up certain types of trusts, spending down assets, or, in some cases, a Medicaid-qualifying annuity used to convert a countable asset into income for the community spouse.

    Protecting your home

    Learning how to protect your home is another aspect of the Medicaid planning process. Many Medicaid applicants are unaware that their homeownership could be at risk if they receive Medicaid benefits. After you pass away, Medicaid is repaid for the benefits they provide. The State can pursue reimbursement through various options, including inserting a lien on your home or seizing assets from your estate,  to collect. Medicaid planning can help you protect your interest in your home by using sibling or child caregiver exceptions if the facts of your situation allow. Medicaid planning can help you avoid mistakes or pitfalls that would cause you to be ineligible for coverage. The time and effort put into Medicaid planning is often worth it. Preparing early is a wise choice.]]>