As an attorney focusing on elder law, I am carefully watching the Maine Governor Paul LePage's proposed cuts to MaineCare programs serving the elderly.   My last blog post was about the proposed elimination of coverage for residential care (also known as “assisted living” or “boarding home” care)...

This week Maine's governor released his proposal for cuts to the MaineCare (Medicaid) program.   A number of the proposed cuts will affect Maine's elderly. An area of particular concern is the elimination of MaineCare coverage of expenses faced by elderly and disabled people who live in resident...

For most children, age 18 is regarded as a significant milestone, another marker on the road to independence. However, when a child has a mental or emotional disability, he or she may continue to be dependent on parents for decisions about living arrangements, health care, social services, and fi...

When a marriage occurs later in life, each partner has his or her own lifelong experience.  Each has a substantial personal, family and economic history.  In addition, each party has separate assets and liabilities, developed separately from the new marital partner. And quite importantly, each pa...

Here in Maine (“Vacationland”), one of our favorite activities is going “up to camp.” People treasure their waterfront property and hope that it will remain in the family for generations. While it is impossible to control the future from your grave, you can increase the chances of the property st...

“Probate” – a word that creates fear and dread in the hearts of many. (For more information on what “probate” is, see my previous blog, “What is Probate?”) But the truth is: while the probate process in some other states is complex, time-consuming and expensive, Maine has a streamlined probate pr...

If you have a minor child or a child in the late teens or early twenties, you should consider leaving your child's inheritance to a trust, rather than to your child outright. Why?  The establishment of a trust will avoid the necessity of having a court appoint a conservator for a child under a...

Clients frequently come into my law office asking “Should I (or we) have a trust?”  My answer is always “It depends on your situation and what your goals are.”  Then I ask clients, “What are your goals?   What are the concerns you have that make you think about having a trust?”   These concerns ...

Parents of disabled children tend to worry a lot. I am frequently asked the following questions:• Will my child be able to live independently, without my support?• Does my child need a guardian?• Where will my child live?• Does my child qualify for public assistance programs such as SSI and Maine...

New law requires financial institutions to honor Maine powers of attorney Have you ever tried to transact business on behalf of an elderly or disabled relative using that person's financial power of attorney (POA)?  Have you been told by the financial institution that it will not accept the form...

Recently, as part of my role as a mediator in the Maine court system, I was selected to serve as a mediator in the new Foreclosure Diversion Project.           A substantial increase in the filing of foreclosures in residential real estate has occurred in Maine, as it has in the rest of the coun...

Are you, or is someone you know, raising a grandchild?  People over 50 are increasingly responsible for the care of young children and adolescents.  Sometimes young adults are unable or unwilling to be good parents themselves due to military service, divorce, substance abuse, mental illness, or o...

As you get older, illness or injury may make it difficult for you to make decisions, both financial and personal. If you have a family member or friend whom you trust, you may ask that person to make decisions for you when the time comes. There is good reason to consider signing a Durable Power ...