Latest News

What is Adverse Possession?

Broadly defined, adverse possession can allow a trespasser to have legal title to your property if they can prove that they held continuous, exclusive, visible, notorious, distinct, and hostile possession of the property for a specific number of years.

Adverse possession would seem to be an unlawful act; however, there are specific motivations behind it. For example, it would help to ensure that land doesn’t remain dormant. Also, it incentivizes property owners to use their ownership rights in a timely way. If the owner doesn’t use the property, adverse possession can allocate it to those who will put it to use. Vacant land, buildings, and even rooms within a building can also be obtained using adverse possession.

Superficially, adverse possession may seem to be a risk for any organization or individual who owns property; however, there are ways to avoid it, such as:

• Ensuring that you understand the location of your property’s boundaries – Deeds, etc., typically have descriptions. Still, having a professional surveyor stake out your boundaries and visibly mark them on your property is always a wise idea.
• If the property in question is a trail or conservation easement, thoroughly investigating and understanding precisely what is inconsistent with the easement’s purposes or infringes upon it.
• Most importantly, monitoring the property and fully asserting your rights to avoid encroachment. By “keeping an eye” on your property, you will prevent potential or actual encroachment and have enough time to avoid an adverse possession dispute.

You also must note that in most cases, property owned by the federal (or state) government is not subject to the rules of adverse possession. However, most owners are subject to Pennsylvania’s adverse possession statutes, and they can enforce them.

Admittedly, this can be an enormously complex area of Pennsylvania real estate law. If you believe it is happening to you, the help of a professional and knowledgeable Blue Bell real estate law attorney is mandatory.

How Can Someone Take Possession Using the Adverse Possession Statutes?

Currently, in most cases in Pennsylvania, the tenant or trespasser must be in “actual, continuous, exclusive, visible, notorious, distinct and hostile possession” of the property for at least ten years to claim adverse possession of a property.

There are other contingencies, and actual “possession” may vary according to the specific circumstances.

However, the trespasser (or tenant) must treat the land as if it were their own in a manner that is “consistent with the nature of the property.” For example, if they make improvements, maintain a fenced-in lawn or designated area, and do proper upkeep so that any reasonable person would surmise that the land is their own.

There are other elements that need to be met in order to make a successful adverse possession claim. In any adverse possession claim, you must obtain a thorough case evaluation from a professional real estate law attorney.

Adverse possession is still a highly controversial doctrine in Pennsylvania. It is not usually easy to justify rewarding a claimant with title to someone else’s land, but if all the conditions for adverse possession are met, it can be done.

What Are the Three Main Things Adverse Possession Was Designed to Do?

Again, on a superficial level, adverse possession seems to be highly unfair to the owners of the real estate, but it has three main points that it was designed to accomplish, they are;

• It can be used to bar lawsuits on land the owner has yet to productively use. This, in effect, protects the tenant or occupant of the land from frivolous claims and helps to promote its productive use.
• Secondly, adverse possession was formulated to help correct defects in the title. For example, a homeowner could get the deed to the property that his house was built on through adverse possession after discovering an error in surveying. The land owner built his home on land neighbors owned to the east of his location. Adverse possession was used to correct the situation, and the title defect was corrected.
• Thirdly, adverse possession was designed to promote overall land development. The government and businesses always want to encourage economic development in our capitalist system. Adverse possession is a legal means by which title is transferred from an idle owner (who is not utilizing the property) to a dynamic tenant or “squatter.”

So, it’s a useful legal approach that can solve seemingly complex real estate issues and is not always utilized in a seemingly negative manner. It must be stressed, though, that the uses of adverse possession are varied and complex, and the professional, detailed, and educated advice of a Blue Bell real estate law attorney is invaluable to a successful outcome.

How Can a Claim of Adverse Possession Be Made in Pennsylvania?

To raise an adverse possession claim you (or your organization) must reside or “squat” on a parcel of land for a specific period. In Pennsylvania, depending on the details of your case, it can typically be 10 years.

The following requirements must be met:

• You reside on the land for a statutory period.
• You use the land as any owner would typically use it.
• Your use is open and notorious, and you are not concealing your use of the land so that the actual owner can see that you are using the property.
• Your use is continuous.
• You do not have permission, in any way, from the owner to use the land.
• Also, the property cannot be abandoned once they begin to possess it adversely.

Each of these elements must be satisfied throughout the required timeframe.

If you have a claim you wish to file or one that has been filed against you, you must have a complete case evaluation done by a real estate law attorney well-versed in Pennsylvania’s adverse possession laws.

I Need To Know More About Adverse Possession: How Should I Proceed?

If you own a small home or a large plot of land, you must be aware of adverse possession as a Pennsylvania property owner. Adverse possession can sometimes be helpful to you, or you could have neighbors whose land borders yours cross the property line and use portions of your land.

However, the laws surrounding adverse possession are always challenging to navigate. If you want to be successful at defending your property or claiming your land, you must have the help of a Blue Bell real estate law attorney. This is a complex matter, and all the legal boxes must be checked. Consulting with your lawyer immediately is the best way to achieve your desired outcome.

You might have a new job out of college or have been working for the same company for years, and now you’re offered a significant position with a large corporation. However, you are now presented with an employment contract that includes various possibly limiting clauses, such as a non-disclosure agreement. You must sign these documents as a condition of your employment and may feel that you have no choice in the matter, but that may not be the case.

Non-disclosure agreements usually offer you employment with specific conditions that require you to agree not to disclose trade secrets or other confidential or proprietary information learned  during employment. These clauses protect your current employer and their business interests but may significantly limit future opportunities and job choices.

Also, many non-disclosure agreements go even further, prohibiting you from saying anything that casts a negative light on your employer and restricting your ability to use the knowledge you acquired during your employment for a new employer (even if you discovered or developed this knowledge).

So, any non-disclosure agreement must balance your right to change jobs and an employer’s right to protect their business.

You should consider carefully before signing a document that may affect your freedom to change jobs, continue working in the same field, or to start your own business.

Non-disclosure agreements are legal in Pennsylvania but cannot be tilted too far towards protecting your employer, thus possibly violating your rights in the process.

So, if you signed (or are asked to sign) a non-disclosure agreement (or NDA), then violating this agreement may have serious consequences!

NDAs are commonly considered legally binding contracts once signed. However, whether to sign it is a more complex question than it may seem.  

Before signing any business contract, which may include an NDA or other limiting clauses, obtain the advice and guidance of a professional and knowledgeable Blue Bell business lawyer and ensure that you are not entering into a contract that may severely limit you and your family’s future.

Why Does Your Employer Want You To Sign a Non-Disclosure Agreement

It’s clear, from a legal point of view, that non-disclosure agreements can be effective in protecting the trade secrets and other confidential information of your employer; however, what benefits does it supply your employer with?

• First, it may establish employee expectations – If an NDA clearly outlines the specific business information that is protected and the penalties that you may incur if you violate the NDA, then you know from day one the importance of protecting your employers’ trade secrets.
• It helps protect trade secrets when information must be shared – The goal of an NDA is to prevent you from sharing confidential information in the first place. NDA’s can help protect trade secrets if the information is transmitted during daily business. You may need to disclose some trade secrets to vendors or third parties. However, if the third party signs an NDA, your employer’s trade secrets will still be protected.
• An NDA provides the employer legal recourse – If you disclose a company trade secret, your employer may usually file a misappropriation claim under Pennsylvania law. So, if you signed an NDA, your employer could pursue legal remedies under the agreement; often, pursuing a breach of NDA is more straightforward for your employer than a trade secret misappropriation claim.

You begin to see that any NDA you sign is usually designed to protect your employer, not you, or your rights to future employment. By consulting and getting the advice of an experienced local Blue Bell business lawyer, you can effectively design possible changes to the NDA and protect your rights as well.

If I Must Sign a Non-Disclosure Agreement, Is It Enforceable in Pennsylvania?

It depends. Specific provisions could be challenged in the Pennsylvania courts depending on how the non-disclosure agreement is written.

Commonly though, in Pennsylvania, non-disclosure and related documents such as non-compete and non-solicitation agreements are enforceable if they adhere to the following:

>> If they are included in an employment contract or employment relationship.

>> If they are supported by adequate consideration.

>> If they outline reasonably necessary restrictions to protect the employer’s legitimate business interests.

>>If the nature of these “restrictions” that are imposed are properly limited in duration and geographic location.

You must note that you also have rights. So, if you are about to sign or have signed an NDA, the advice and guidance of a local experienced business law team will be invaluable in protecting your rights under Pennsylvania laws.

Under What Situations May My NDA Be Unenforceable in Pennsylvania?

Always note that your situation is unique for the NDA you sign. There are instances in which the courts may determine that your NDA is unenforceable.

Some examples of why this might happen are:

• The NDA verbiage needs to be narrower – If your NDA is overly broad or restrictive, then a court may find issues with it, mainly if it’s not limited sufficiently in scope or duration.
• The information referred to is not confidential – It’s undoubtedly going to be much harder for your employer to convince a court to uphold your NDA  if the information referred to has already been widely disclosed or is public knowledge.
• The NDA (or agreement referred to) is requesting you do something illegal – Such as your employer instructing you to withhold facts that the employee has a legal duty to report.

These are only a few examples, but you must note that your employer has lawyers protecting their rights, and you need to have an aggressive, experienced business lawyer defending yours!

NDAs and other limiting contractual documents must be reviewed from your perspective, so they don’t hinder your future earning potential or your rights.

I Must Sign a Non-Disclosure Agreement; How Should I Proceed?

You need to note that your new or current employer has lawyers fighting for their interests. So, you must also have an aggressive, professional, and winning legal counsel protecting your rights and interests. Therefore, it’s never wise to attempt to dissect or fight any NDA on your own.

Your local Blue Bell business lawyer has thorough and detailed knowledge of how these business matters are legally managed in your geographical area.

Your aggressive business law team, fighting on your behalf, will use this local knowledge to your advantage when presenting and fighting your case. Consult with your lawyer before you sign, or if you have an issue after you do, and protect your and your family’s livelihood, as your future and income may depend on it.

In Pennsylvania, various real estate transactions happen daily, and each requires a complex set of steps that must be completed before the transaction can be finalized.

For example,  you, as the seller, may have failed to satisfy a necessary contingency or somehow defaulted in your sales contract. Your buyer might be unable to meet specific obligations in the contract, which may give you the right to terminate it. 

Various types of real estate contracts may complicate the transaction. Not all are simple conventional sales; some are “short sales,” land sales, foreclosures, etc. All require different contracts, riders, and various contingencies.

When these real estate complications arise, the advice of a local Blue Bell real estate lawyer will be invaluable in helping you overcome the issue and move towards a successful conclusion of your deal.

Besides simply assisting in purchasing and selling real estate, a professional real estate lawyer will be vital in transactions such as short sales, foreclosures, negotiation of land use, zoning issues, helping resolve landlord-tenant disputes, and much more.

A real estate law firm specializes in real estate transactions, and their advice may save you thousands of dollars if any type of dispute arises in your transaction.

They will assist you in a myriad of aspects of real estate law, and their assistance with issues will always provide you with all the options you need to know.

Just some of the many things they will do in a real estate transaction are:

• Drafting all necessary legal documents – Such as the real property purchase and sale agreement, which is vital to your transaction and details precisely what both parties must do. In complex real estate deals, such as commercial real estate, their help is mandatory.
• Help to negotiate the transaction – They will professionally represent you in your transaction by identifying your interests in order to get a good deal. This is also vital in today’s competitive real estate market.
• They will negotiate all disputes – Some of these disputes revolve around the real estate contract or lease. Still, others involve realtors’ or brokers’ negligence or misconduct in real estate transactions.

Disputes of some kind almost always arise in any real estate transaction, and your local Blue Bell real estate lawyer will always protect your interests and advise you on your options and actions.

When Do I Need a Real Estate Lawyer in Pennsylvania?

One area which might be less obvious is that your experienced real estate lawyer, many times, can identify potential issues with development, build sites, contract issues, zoning issues, tax problems, and more. So, these possible disputes and concerns will be identified by your lawyer before they become a costly problem that may affect the entire transaction.  

Real estate deals can be complex and have joint problems, such as access, easements, deed restrictions, zoning, environmental considerations, violations triggering rollback taxes, and many other potential roadblocks to a successful transaction.

In more complex real estate projects, such as the development or subdividing of a property, the help of a real estate lawyer is mandatory. There are often issues with the title report and other problems on the property the buyer intends to purchase. Title companies can only do so much, but your Blue Bell real estate lawyer will work “above and beyond” to review the title report and help ensure all issues are resolved. Also, by using your lawyer instead of a ”title company,” your overall cost to close may, at times, be lower.

Should I Use a Real Estate Lawyer If I’m a Real Estate Investor

Whether new to real estate investing or not, there are always specific and pertinent questions about a property that you may not be able to answer. Obtaining the advice of a local real estate lawyer is almost always the best option for you.

As an investor, there are some things, though, that you need to know; they are:

• What are your real estate lawyers’ qualifications – Do they have the credentials and licenses to practice in the states you’re investing in?
• Do they have extensive experience in investment real estate –  Have they dealt with similar properties and transactions?
• Will there be ongoing and effective communication between you and your lawyer – Real estate transactions involve lots of questions, and proper communication is essential. Ensure that your lawyer will give you the personal, effective communication and service that will be invaluable in pushing your transaction to close.  

A seasoned investor knows that working with a professional, aggressive Blue Bell real estate lawyer is vital to get the deal they want. However, selecting responsible counsel is challenging but often critical to a successful long-term investment strategy. 

Having a Local Real Estate Lawyer Will Provide “Peace of Mind” In Your Transaction.

If you’re simply buying a new home for your family or are involved in a real estate purchase involving “out-of-the-ordinary” elements that complicate your purchase, obtaining a professional real estate attorney is wise. Purchasing real estate today involves hundreds of thousands to millions of dollars and numerous steps and hurdles to overcome.

Your local qualified, thorough, and aggressive real estate lawyer will ensure that all your contracts, riders, decisions, and “bases” are covered and your interests are protected.

Most buyers (and sellers) always have a “gut” feeling that something could go wrong, and you must have someone looking out for you. Gaining “peace of mind” during your transaction is an area where your Blue Bell  real estate law team  will be invaluable to you.

So, even if your transaction goes “awry,” you have someone who is looking out for your best interests and who can help you work through any possibly “deal-breaking” or tricky situation.

I Am Making Some Real Estate Decisions and Need Help; How Should I Proceed?

Any personal, family, business, or commercial real estate transaction in Pennsylvania can (and usually will) incur minor to highly severe and costly disputes. These issues can disrupt your family or your business and negatively impact your finances and life.

Obtaining the professional guidance and empathetic advice of your Blue Bell real estate lawyer will provide you with the expert, aggressive, and knowledgeable support you need to overcome whatever real estate issues may arise.

So, consult with your real estate law team today, and ensure you’re represented with excellence in any real estate transactions or disputes, whether it’s a family home or an extensive development.

In Pennsylvania, a “special needs trust” ( also known as an “SNT”) is a trust designed to hold assets that may benefit a child or relative with disabilities or special needs. If properly drafted, assets placed into an SNT will not disqualify an individual with special needs from government benefit programs such as Medicaid and Supplemental Security Income (“SSI”), which provide a basic level of support for food, shelter, and health care.

As a beneficiary of an SNT, your special needs child or relative can maintain eligibility for the government programs they need while still having funds available from the trust to provide for their supplemental needs.

Your special needs child or relative’s special needs trust may pay for such things as:

• Care manager services.
• Guardian fees.
• Attorney fees.
• Specific personal Items.
• Entertainment and luxuries.
• Outings and vacations.
• Travel and transportation expenses.
• Their hobbies.
• Costs to make their vehicles accessible to them, and more.

Some qualifications must be met, but a well-drafted, detailed SNT will allow your loved one to receive all the supplemental income and state and federal benefits they deserve. Your meticulous and empathetic Blue Bell estate planning lawyer will thoroughly explain that needs-based government benefits may include asset limits your loved one must qualify for. A professionally written special needs trust will allow your disabled child or relative to continue receiving the additional government benefits that would be eliminated or decreased without a SNT in place.

For example, your adult child with autism may receive SSI benefits, but you may want to grant them additional funds now or at the time of your death to meet their current living expenses. If this is done incorrectly or without proper professional guidance from your special needs trust lawyer, any extra income you provide could disqualify or vastly reduce your child’s government benefits.

Additionally, if you leave your special needs child a considerable inheritance when you die, they may no longer qualify for SSI or Medicaid benefits. However, if you put their inheritance into a special needs trust, they will likely be able to keep their benefits and still receive your inheritance for the remainder of their life.

A special needs trust is a valuable legal estate planning tool that your experienced Montgomery County or Philadelphia estate planning lawyer will use to ensure your special needs loved one is cared for in the best possible manner.

Is It Difficult To Form a Special Needs Trust?

When working with a knowledgeable Blue Bell estate planning lawyer, the decisions you must make to form an SNT is always a reasonably straightforward process.

Some of the legal steps commonly involved in setting up your special needs trust are:

• Determining your exact goals for your loved one – This is the most critical step, as it usually will determine how all funds will be distributed.
• Choosing a trustee is also vital, as your trustee will help manage, invest, and disburse funds for your loved one’s use. So, this is another critical choice that needs to be made wisely and with rational professional legal guidance.
• Working closely with your Philadelphia or Bucks County estate planning lawyer, you’ll be able to draft and create a well-drafted special needs trust that meets the financial goals you wish to maintain.
• Funding the SNT based on your estate planning lawyer’s advice and guidance.
• Investing your funds conservatively and competently so that the trust will be available for as long as possible for the beneficiary .

Following the professional advice of your Blue Bell estate planning lawyer will ensure your special needs trust accurately accomplishes what you want for your loved ones’ future and that your specific wishes are executed diligently.

Are There Different Types of Special Needs Trusts?

Every estate differs in complexity and details, and there are two types of special needs trusts to cover most contingencies. These are:
>>The Self-Settled Special Needs Trust –

• The assets of the beneficiary fund this type of SNT.
• Usually, it is established by the beneficiary’s parent, grandparent, guardian, or by a court of law.
• It’s commonly given directly to the beneficiary under the age of 65.
• Upon your death (as the beneficiary), this trust may have to reimburse Medicaid for benefits provided to the beneficiary during their life.

>The Third-Party Special Needs Trust –

• This trust is funded and established by a third party.
• There is no age requirement for the beneficiary.
• This trust does not usually require Medicaid reimbursement.

It’s common knowledge that nothing in the law is ever straightforward, and deciding which type of special needs trust you need depends entirely on your unique situation. So, to ensure your wishes are carried out correctly, getting professional guidance from your Blue Bell special needs trust lawyer is mandatory.

A self settled or third-party special needs trust can also be set up as a Pooled Trust. A Pooled Trust is a type of special needs trust that is managed by a nonprofit company, and it is used for the benefit of an individual with special needs. A Pooled Trust can provide additional funds for the basic support that a special needs person receives from Medicaid and SSI. The assets in a Pooled Trust are used for the sole benefit of an individual with a disability to improve his or her quality of life. The assets of all the beneficiaries in a Pooled Trust are combined (or “pooled”) for investment purposes so a trustee can have greater investment options. The trustee still separately accounts for each individual’s interest in the Pooled Trust. The individual with a disability, their parent, grandparent, or guardian, as well as the court, can create an account in a Pooled Trust to benefit the individual with a disability.

How Do I Know If My Loved One Qualifies For A Special Needs Trust?

A special needs trust can be formed for people who receive government assistance from SSI and Medicaid programs throughout their lives. These government benefits provide support to individuals with a permanent or severe disability.

A special needs trust is a good option for an individual with a disability who has too many assets to remain eligible for government benefits. It is also a good option for an individual who has to “spend down” assets for unnecessary items just to preserve eligibility for essential supports and services.

Without a special needs trust in place your disabled child or loved one could miss out on benefits they may be entitled to or even lose benefits they are receiving. Don’t let that happen; ensure you get the professional estate planning advice you need.

I Need To Investigate A Special Needs Trust; How Should I Proceed?

Taking care of a relative or loved one with a disability is always challenging and can be difficult at times. Most family members, though, lovingly and happily take this responsibility on their shoulders. 

However, if you are no longer here or able to manage this task; your prime concern should be for your loved one to receive the best care possible.

It’s important to consult with an estate planning lawyer to help you sort through your planning options. Consulting with your empathetic, professional, and successful Blue Bell estate planning lawyer about drafting an SNT will ensure that your loved one receives all the care they need and are entitled to. Consult with your estate planning lawyer today so that nothing is left to chance.

As your loved one ages or becomes incapacitated, you may notice signs that they can no longer make medical, financial or even day-to-day decisions on their own.

You can appoint a legal guardian to assist your family member in making these decisions, but when is the time to take this life-changing and emotional legal step?

There are signs that you can look for, such as:

• Compromised decision-making ability – If you are to secure guardianship, you must prove incapacity. For example, you will usually have to confirm that your mother or father has difficulty making decisions about assets, health, or safety. Additionally, specific medical conditions (such as  Alzheimer’s disease or dementia) may impair them from making sound decisions.
• Evidence of undue influence  – Your elderly parent may require help with everyday duties, and a part-time  “caretaker” may be hired to assist them. It’s sad, but some unscrupulous individuals may unduly influence your aging parent and give them access to funds or even rewrite their will, naming the caretaker as a beneficiary. 
• Disagreement over medical care – Your aging relative or parent should have the right to make their own health care decisions. Certain medical conditions can interfere with their ability to make these choices. Your parents may refuse to do what is necessary, such as taking medication, eating, or moving into an assisted living facility. In these cases, pursuing guardianship may be a valid option.  

It is never enjoyable, but sometimes extremely necessary, to petition the Pennsylvania Orphans’ Court for guardianship of your elderly parent. However, doing so (as hard as this decision may be) would be in their best interest.

Obtaining the legal guidance of a  knowledgeable, empathetic and professional Blue Bell guardianship lawyer will be invaluable in helping you make this decision and do so as objectively as possible. It’s mandatory to remember that, when the time comes, you usually must pursue guardianship to safeguard your aging relative’s health and financial interests.

Can a Guardian Be Appointed In an Emergency Situation?

In some specific cases, yes, then can. The Pennsylvania Orphans’ Court can appoint an emergency guardian if it finds, using clear and convincing evidence, that your loved one is incapacitated and that failure to appoint a guardian immediately may harm a loved one or their estate.

The court will use similar guidelines and hearing requirements used in permanent guardianships, but a hearing will be scheduled sooner due to the emergency.

An emergency guardian of the person is appointed for 72 hours and this appointment can be extended for an additional twenty days if needed.  An emergency guardian of the estate is appointed for 30 days. The emergency guardianship is intended to allow a guardian to act quickly to protect an incapacitated person’s health, medical or financial welfare until a plenary or permanent guardianship hearing takes place.

However, the “emergency guardianship” may be limited by the court according to the specific needs of your loved one at the time. For example, if your aging parent needs emergency medical care and they are not able to independently make a decision.

In this case, you must consult with a professional guardianship lawyer to move quickly and correctly.

Are There Different Types of Guardians?

Guardianships can be done for various reasons, and several types of guardianships may follow different rules and guidelines.

For example, a “plenary guardian” of your loved one holds all the authority and may make all the necessary decisions regarding your loved one’s well being. For example, the guardian may deem it necessary to place your loved one (known as the “ward”) in a nursing home or possibly make life-or-death decisions.

Alternatively, a “limited guardian” only holds specific powers detailed in the court’s decree. Their decision-making capabilities are limited.  For example, a court can authorize a limited guardian to make decisions only about the sale of an incapacitated person’s house and exclude the guardian from making any other decisions.

If you are considering guardianship, it’s vital that you discuss the current and expected needs of the incapacitated person with your guardianship lawyer. They will advise you appropriately on what type of guardianship is needed and how far the guardian’s decision-making powers may extend.

Who May Be Appointed As a Guardian?

In Pennsylvania, the courts have specific guidelines regarding who can be appointed as a guardian. Simply, a guardian could be any qualified person (a relative or non-relative), a corporate fiduciary, a non-profit agency, a guardian support agency, or a county agency.

However, the courts will ensure that the guardian has no interests that conflict with the interests of your loved one, and if they do, they usually cannot serve as a guardian.

Being a relative of the incapacitated person, however, will commonly not be looked at as being a conflict of interest.

It’s always wise to note that Pennsylvania recognizes that every citizen (no matter how old)has unique needs and diverse levels of comprehension. Each case differs, and the court has an established system for caring for all incapacitated or impaired persons.

To the extent of their capabilities, an incapacitated or impaired individual will, to the extent possible be a part of the decision-making process.

You (as the concerned relative) and the Pennsylvania court also recognize that it’s critical to find a trusted and suitable person (or institution) to serve as your loved one’s guardian.

Also, it is important to note that at any time during their lives, a person can become incapacitated due to an accident, illness, or myriad other reasons. It’s not only the elderly that require guardians.

If any person in your household cannot function properly, or make their own decisions daily, consult with your local guardianship lawyer immediately. Don’t wait until they are harmed financially, or their health is in danger. Your competent, knowledgeable lawyer will know how to proceed to protect those you love and care for.

I Need To Know More About Guardianship; How Should I Proceed?

If your aging family member is having difficulty making decisions daily, you must discuss this dire situation with a local Blue Bell guardianship lawyer. Your aging parent or relative may desperately need this help, but always remember that some of their rights are being taken away. For this reason alone, appointing a guardian can be a sobering, stressful, and emotional decision.

Therefore, this decision as to the reach of the guardians’ powers and how to legally proceed should be thoroughly thought out.  By obtaining the professional advice of your lawyer, you can best ascertain what is best for all concerned.

Don’t wait until an accident or harm forces this decision; obtain the experienced, empathetic, and professional knowledge needed to ensure everyone’s rights are protected and served. 

As we age, life can change dramatically, and we are confronted with questions we never thought we’d have to address. Most older couples are on Medicaid and have Social Security income, but medical costs, everyday living expenses, and especially the cost of a nursing home can be overwhelming.

One of the most common situations is that one spouse must enter a nursing home due to health or mental issues, but the other is capable of living in their family home and desperately wants to do that. This can be an emotional, heart-wrenching situation, but an experienced, empathetic Blue Bell estate planning lawyer can be of significant help.

The federal government has legal protections that ensure that you, as a healthy spouse, do not go broke or are left without a place to live after your spouse enters a nursing facility.

Usually referred to as “Spousal Impoverishment Protection,” or Division of Assets. The law states that you, as the spouse living at home, have enough money to live by protecting certain income and assets.

So, very simply put, if you are the community spouse and wish to continue to live in your home, you will not lose it. This usually holds, no matter how valuable your current home is worth.

In addition to your home being exempt, there are other specific assets that fall under this law, and you are permitted to hold onto them.

Some of these assets are:

• Most household items.
• Personal effects, and one vehicle.
• Pre-paid funeral expenses and plans, including burial plots.
• Life insurance policies that have a face value no greater than $1,500 (but this can vary).

All rules and government laws are not as simple as stated, and each situation is unique. Your lawyer will familiarize themselves with your case and ensure you know all the available legal options.

Are There Any “Conditions” I Must Meet to Keep My Home?

As stated, the legalities of dealing with the rules and regulations of Medicaid, etc., are legally confusing and challenging to navigate.

If your spouse must enter a nursing home in Pennsylvania, you can be eligible for nursing home medical assistance and keep your home if you express an intent to return to that home.

Even if your spouse has little chance of returning, the house is exempt if you legally state that they intend to return home.

The laws intend that your home be there in case your spouse returns. This allows you to have a nursing home bill paid by medical assistance and still keep your own home.

As always, there may be “catches” to this benevolent attitude, and even though your house is exempt while you’re living, the Department of Human Services is, on the sidelines, waiting. They may have a legal claim on your estate based upon all the nursing home benefits you have previously received through medical assistance. So, upon the death of your spouse in the nursing home, it may now be necessary to sell the house to pay back medical assistance benefits.

There are many “hoops” to go through and overcome to ensure that all your rights are preserved and you can provide for your spouse and yourself. Your Philadelphia, Montgomery, Delaware, Chester, or Lehigh County estate planning lawyer is experienced in dealing with all of these legal details and will fight to ensure that all your options are covered.

Are There Are Other Measures Available to Help, Such as “Transferring” My Home?

Yes, it is sometimes possible for you to transfer your home to another and live there. However, you can usually do this only under specific circumstances.

Some of the rules and circumstances involved are:

• Your home can usually be transferred to you as the spouse.
• If you have a child living with you who is under 21 and is blind or disabled.
• You may transfer your home to a sibling if they have an interest in the house and lived there for at least one year before a spouse enters a nursing home.
• Also, you may be able to transfer your home to a child if they lived in the home years before you moved to a nursing home and the child provided care to you which helped you remain at home rather than enter a  facility.

This legal remedy can be, at the least, “tricky,” and you must have the help of a Blue Bell estate planning law team that will help ensure you are doing the right thing for you and your family.

How to Protect Assets if Your Spouse Goes Into a Nursing Home?

“Estate planning” is the usual term used to describe the process of organizing and planning the orderly transfer of property and assets upon death. Estate planning deals with death, inheritance tax issues and much more.

However, long-term care planning combines estate planning with the many concerns of protecting and preserving your hard-earned assets from the enormous costs of long-term care.

Your experienced estate planning lawyer is very adept at “Long term” care planning, which is concerned with questions such as: “What if I, or my spouse, become seriously ill or disabled and need extensive care or have to live in a nursing home?”

Your Blue Bell estate planning and elder law attorney will thoroughly analyze your financial situation and prepare a viable plan for both death and disability that may require long-term nursing home care. This plan will be formed to fit the needs of your situation as you and your spouse age and ensure that you both have the best quality of life possible.

My Spouse Needs to Enter a Nursing home; How Should I Obtain Guidance?

Unfortunately, the time has come, and you realize that your spouse is facing an impending health crisis, dementia, or another illness and she can no longer live at home.

This is an emotional and overwhelming situation, but you still must take care of yourself and find answers on how to remain living at home.

Your Philadelphia, Montgomery, Delaware, Chester or Lehigh County elder law attorney’s key role is to help solve the numerous issues that arise and provide professional, empathetic legal guidance to ensure that optimum “quality of life” is preserved for you and your spouse.

Don’t try to navigate these legal issues alone, as too much is at stake. Consult with your local elder law attorney and plan your moves carefully so that you, and your spouse, are cared for with the dignity and respect you both deserve.