The legal needs of New Mexicans did not go away when COVID-19 came calling and disrupted everyone’s lives. In fact, the virus made legal issues more urgent, particularly for individuals who needed an estate plan or Powers of Attorney. Many of our clients are older adults, one of the most at-risk groups for the virus. Rather than delay addressing their … Read More
Choosing Fiduciaries from a Litigator’s Perspective
Fiduciaries, An essential part of estate planning is the selection of Fiduciaries—those persons who will carry out your wishes; your agent, personal representative, or successor trustee. What is a fiduciary? A fiduciary is a person who has a legal or ethical relationship with another. In estate planning, we choose a fiduciary to manage our assets, either during life or at … Read More
PBWS Tenth Anniversary
Pregenzer Baysinger Wideman & Sale is approaching an exciting milestone—our tenth anniversary! Our firm opened for business on August 4, 2008. You may remember 2008, the year that the U.S. economy almost collapsed. In September of that year, when our firm was operating out of a small office in the basement of our building, using camp chairs and boxes for … Read More
Serving the Public Good
Lawyers have an ethical responsibility to provide pro bono services to indigent or other deserving clients. Rule 16-601 says that a lawyer should aspire to at least 50 pro bono publico (“for the public good”) legal services per year. “For the public good” means undertaking professional work voluntarily and without payment. Recently in Albuquerque, the guardianship and conservatorship community was … Read More
Giving Myself Elder Law Advice
There is a saying that when a lawyer represents themselves they have a fool for a client. Giving myself elder law advice as I navigate the aging process with my elderly parents is proving it. How many times have I sat at a conference room table and given sage advice to adult children of parents with dementia about where their … Read More
The Alzheimer’s Association Report – Increasing Costs and Impact
The Alzheimer’s Association released a report on March 7, 2017 with updated statistics related to the number of Americans with Alzheimer’s dementia and the growing cost and impact of the disease on families and the economy. Some startling findings: Unless a cure or improved treatments are discovered, the number of people age 65 or older with Alzheimer’s dementia may nearly … Read More
Five Truths and One Lie About Guardianship
Guardianship and conservatorship is the process where a court authorizes another to make decisions for someone who is incapacitated; i.e., someone who is partially or completely functionally impaired to the extent that he is unable to manage his/her personal and/or financial affairs. A guardian has authority to make personal decisions for the person who is incapacitated, including medical decisions and … Read More
Medical Treatment for the Elderly – Less Can Be More
Sometimes, what may be considered “best medical practices” is not in our elderly family members’ best interest. I’m not talking about the so-called “death panels” used to frighten the public about universal health care. Rather, I’m talking about the toll that hospitalizations can take on our elderly population. A recent study showed that about one-third of patients over 70 years … Read More
Preparing for Cognitive Decline – Powers of Attorney and Moving to a Protected Paradise
Dementia is a frightening disease, the last thing you want to feel is scared, isolated, and restricted. Ever wonder if there is a better, more creative way to provide care for a loved one diagnosed with dementia? It seems that the tiny village of Hogewey, located outside of Amsterdam in the Netherlands, has figured out a way to provide a … Read More
Committed to Community Service
I attended the Alzheimer’s Association New Mexico Chapter’s Dancing Stars Gala on Saturday night. As a member of the Board, I am sure I am somewhat biased, but this organization does great work. The Gala showcases members of the community who volunteer to work with a professional dancer and participate in a dance contest at the event. The dancer must … Read More
Elevator Pitch
It happened again last Friday, at a Starbucks. Someone asked me what kind of law I practice. No matter how many times I am asked that simple question, I panic. I’ve never been able to come up with an effective elevator speech (a clear, brief message about what one does for a living, typically about 30 seconds, the time it … Read More
Powers of Attorney
The holidays are a time when sons and daughters return home to visit their parents. Often, they are surprised to see the decline in their parents’ health and independence. When this happens, the sons and daughters need to know what to do. Most important is to make sure that elderly family members are safe. From a legal standpoint, it is … Read More
Happy Autumn. Happy Thanksgiving.
Leaves are turning color and falling, turkeys are on sale and our thoughts turn to thankfulness. In addition to the most obvious blessings of family, health, life, and friends, I am thankful for my law practice and for my clients. In an elder law practice, we meet people every day who live with incredible challenges, whether it be dementia, a … Read More
Mental Illness and Guardianship – The Discussion Continues
The New Mexico Guardianship Association recently hosted its annual Symposium, offering speakers on topics related to guardianship and conservatorship. The theme of the Symposium this year was mental illness and its impact on guardianship. Speakers talked about the difficulties of finding the balance between protecting individuals with mental illness and allowing them autonomy and independence. The discussion was thought-provoking and … Read More
Medicare Prescription Drug Premiums Projected to Remain Stable
With the 50th anniversary of Medicare and Medicaid, there is good news on the horizon. The Centers for Medicare and Medicaid Services (CMS) has projected that the average premium for a basic Medicare Part D prescription drug plan in 2016 will remain stable. This is estimated at $32.50 per month. For plan years 2011-2015, the average monthly premium for a … Read More
A Loved One Has Just Been Diagnosed With Dementia, What Should You Do?
Realizing that a loved one has dementia is heartbreaking and overwhelming and most families find that there are many more questions than answers. One of the best initial steps families can take is to contact their local Alzheimer’s Association chapter. The New Mexico chapter has locations in Albuquerque, Santa Fe, Las Cruces, Farmington and Roswell. You will not find … Read More
Scams Targeting Seniors
An elderly man receives a phone call from someone identifying themselves as an employee at the Las Vegas jail. The caller tells the man that his grandson was arrested for DWI and cannot be released without a $1,500 payment. When the man asks for details the caller says that grandson is not allowed to use the phone and the payment … Read More
Guardianship for Persons with Developmental Disabilities
Parents of children with developmental disabilities are often surprised to learn that when their child turns eighteen, they no longer have the right to make medical decisions for their child or manage their child’s finances. If the child is incapacitated, that is, unable to manage their personal and/or financial affairs, the parents need to consider guardianship and conservatorship. In New … Read More
Special Needs Trusts
Special needs trusts can enhance the lives of disabled individuals that receive Medicaid or Supplemental Security Income (SSI). The purpose of the trust is to improve the quality of the beneficiary’s life without disqualifying him or her from public benefits. The rules for administration of a special needs trust and the form of the trust agreement itself vary depending upon the … Read More