Not every person with an intellectual or developmental disability is unable to make health care and/or financial decisions. The impact and spectrum of disabilities varies widely from person to person and diagnosis to diagnosis. One person with Down Syndrome may…
“My kids all get along great and would never fight or argue about the disposition of my estate after I’m gone.” This is a very familiar statement made by clients to their estate planning attorneys. Unfortunately, the reality is…
Our firm is pleased to announce the final vlog, Part III in our 3-Part Series on Guardianship. In Part III, Kellie Knapp, talks with PBWS attorney, Bridget Mullins, to ask four final questions about guardianship in the state of New…
The U.S. Department of Veteran Affairs (VA) proposed new regulations in 2015 regarding net worth, asset transfers, and income exclusions for needs-based VA benefits. These regulations have been finalized and are effective as of October 18, 2018. A couple of…
People often wonder if they have to return the diamond ring if the engagement is called off. The answer in New Mexico, as in most other states, is a resounding “it depends”. However, it is usually a pretty…
A client of mine recently brought up “Swedish Death Cleaning,” which is a concept that is trending with the fairly recent release of a book entitled The Gentle Art of Swedish Death Cleaning: How to Free Yourself and Your Family…
Our firm is happy to share Part II in a 3-Part Series on Guardianship. In Part II, Firm and Marketing Manager, Kellie Knapp, talks with associate attorney, Bridget Mullins, to ask four more questions about guardianship in the state of…
Much is talked about in the legal world about the “attorney-client privilege” and what exactly it entails. The rules of evidence are lengthy and complicated. Law students devote countless hours trying to figure them out and lawyers and judges routinely…
Pregenzer, Baysinger, Wideman & Sale, PC presents a 3-Part Series on Guardianship: Part I. In Part I, Firm and Marketing Manager, Kellie Knapp, sits down with attorney, Bridget Mullins, to ask four basic questions about guardianship in the state of…
This is the second part of a 2-part series about Senate Bill 19 in New Mexico. The second part will discuss the effect of the changes the new provisions of Senate Bill 19 has on the Guardianship and Conservatorship statute…
The Update on Special Needs Planning Seminar was held on Wednesday, April 11, 2018 in Albuquerque, New Mexico. The seminar was hosted at the New Mexico Society of CPAs from 3:00pm to 5:00pm. Presented by: Pregenzer, Baysinger, Wideman &…
This is the first part of a 2-part series about Senate Bill 19 in New Mexico. The first part will discuss the new provisions of Senate Bill 19. Senate Bill 19, sponsored by Senator White, passed and was approved by…
Generally speaking we don’t plan on spending a Saturday afternoon in the local Emergency Department. However, as parents age, we as their adult children find ourselves more and more in the care-taker role, which often means accompanying them to doctor’s…
As part of a comprehensive estate plan, each one of us should appoint fiduciaries to act on our behalf in the event that we are no longer able to do so during life or at our death. Simply appointing a…
A fiduciary is an individual or an entity in whom someone has placed significant confidence and trust to manage his or her financial and/or personal affairs either during their lifetime or after their death. The fiduciary has a legally enforceable…
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…
We all hear horror stories about siblings becoming estranged after the death of a parent because they couldn’t agree about who should get their mom’s teapot. Unfortunately, most estate planning and probate attorneys can tell you these stories have a…
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…
There are many reasons clients are motivated to do their estate planning, but the two I hear most are they are going to be travelling, usually overseas, or they have an upcoming surgery. Nothing like flying across the ocean or…
This is the third and final installation of the 3-part series: Alternative Dispute Resolution for Seniors and Their Families. Taking into account the previous questions addressed in this series, we will be discussing how to work through disputes with family…
Continuing on in the 3-part series: Alternative Dispute Resolution for Seniors and Their Families, we are building off the first part where we discussed why a family would need to resolve a dispute and the common disputes that arise when…
This is the first part of a 3-part series dealing with common questions when it comes to issues with seniors, their families, and alternative dispute resolutions. This first part we will discuss why a family might need to go down…
Tis the Season- Holidays can be a stressful time in general, but particularly for children with a disability such as autism, Asperger’s or a sensory processing disorder. All of the hyped-up energy, excitement and new adventures is multiplied by…
What is a reverse mortgage? Created in 1989 by the US Department of Housing and Urban Development, a reverse mortgage is a home-equity loan for homeowners that are aged 62 or older. A reverse mortgage allows a homeowner to access…
What are the “powers” in Powers of Attorney? It is very common for clients to say to us, “My mom/dad/friend/sister/etc. just made me their Power of Attorney. What does that mean?” Here are some general rules to keep in…
About 6 million kids in America receive special education, according to the U.S. Department of Education. One out of every 10 children under the age of 14 has some type of special need, which includes any physical, cognitive, or…
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…
When a loved one passes away, families often face a huge amount of logistical hassles and tasks in the midst of their grief. The last thing you want to deal with on top of all the other arrangements are court…
Do you have a charity that is close to your heart? Maybe your church, your favorite animal shelter, or your alma mater. Consider including them in your estate plan and/or in lifetime gifts. If you don’t have a particular charity…
Hospitals must now give Medicare recipients notice when they are in the hospital under observation status. The notice requirement is part of a law enacted in 2015 but that just took effect. Signed by President Obama in August 2015, the…
The Ugly There are many unflattering descriptions of the divorce process: “Knock down/drag out”, “scorched earth”, fight to the death”, “battle” and so on. Sadly, many divorces live up to these pejorative terms. Former partners fight for months or years.
Scared of Probate?! First of all, you probably shouldn’t be. Probate in New Mexico is not that expensive or overly drawn-out process that you might have heard about in other states. The cost of opening probate in New Mexico is…
Do you have financial and healthcare powers of attorney? Most people equate estate planning only with dying, but there are other important components of an estate plan that are relevant while you are alive, one of those is powers of…
The Special Needs Trust Fairness Act (SNTFA) was signed into law by President Obama, after being approved by the House and Senate, in 2016. While Special Needs Trusts have been since the Omnibus Reconciliation Act was passed in 1993, there…
18.5% of American Children under age 18 are Special Needs Children. That doesn’t mean that they aren’t smart, talented or capable. Just that they have specific challenges that a “normal” student would not face. There are four major types of…
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…
Many clients come to us because they have heard they should have a trust. The usual reason for this is to avoid probate. Although trusts can accomplish the purpose of avoiding probate, if this is the only purpose to be…
First, let’s clarify what your estate planning documents are. Of course, they include your Will and any Codicils, and perhaps your trust or trusts. But they also include any powers of attorney (both financial and health care) as well as…
As usual, the answer is, it depends. Special Needs Trusts (SNTs) are a way to save money for disabled persons that do not risk a person’s eligibility for government funded programs, such as Medicaid and Supplemental Security Income (SSI). There…
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…
There are many causes of mental and physical incapacity and there are many people who are very bad a managing money, and for one reason or another, should not be left in charge of their own investments. In these cases,…
When Elder Law is a primary focuses of your law practice, you often have clients come to you to discuss their aging parents. They start seeing the signs: the yard is not being cared for the house is…
Working for the law firm Pregenzer, Baysinger, Wideman & Sale allows me to participate in different pro bono activities in our community. Last month I had the opportunity to talk to a class of 4th graders about the Constitution. The…
Avoiding probate is a common reason for creating trusts. One thing to note is that only a funded trust will avoid probate. Meaning, only assets that have been transferred and titled in a trust will avoid probate. When properly funded,…
A little over eight years ago four lawyers of diverse background and experience decided to open a law firm. Each of us had personal reasons for making a change but important to all of us was a belief that we…
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…
Trusts are funded by re-titling or transferring title by deed or assignment of individual assets to the revocable trust. Assets may include stocks, bank accounts, real estate, timeshare interests, or business interests. Once assets are transferred into the trust, a…
Posted on July 5, 2016 by The Arc. To read the original article, please click HERE. By Wendy H. Sheinberg, CELA written…
A will, also known as a “last will and testament”, is a legal document that gives instructions to an agent, known as a personal representative in New Mexico, about how to distribute your assets at your death to people and/or…
Each state has different criteria for wills to be legal or valid. It is important to understand your state requirements when executing a Will. For a will to be legal in New Mexico: -You must be over the age…
Last week I received an email from the new President of the Board of Directors of the National Elder Law Foundation (NELF). As a Certified Elder Law Attorney (CELA) myself, his words struck a chord with me. As CELAs, we…
The recipe for summer fun looks a little something like this: 1/3 preparation, 1/3 spontaneity and 1/3 awesome people to share it all. If only staying safe this summer were that simple. Between sunburns and the waves of nausea that erupt during long…
Just yesterday, I was asked by a friend “Do you think that I need a trust?” “Well,” I said, in my usual lawyerly fashion, “it depends.” In our law firm, we draft many trusts for many different reasons. We also…
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?…
Organ donation can be a difficult subject to discuss with family members, and can be an even more difficult subject when family members are faced with the decision after a loved one’s death. However, donating an organ or even…
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…
March is Developmental Disabilities Awareness Month! While many advances have been made for people with developmental disabilities, there is still a long road ahead. In the Special Needs Alliance article, Robert B. Fleming, discusses advances and setbacks surrounding developmentally…
How often are we sitting in traffic, running late, hitting every red light, and becoming more and more frustrated? Or maybe waiting in a line that never seems to move, or in a doctor’s office waiting room well past your…
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…
My cat Jaspurr stopped eating sometime in the fall of 2015. I did not notice this because the other cat was finishing up the left overs in all the dishes. But I finally did notice when he became emaciated to…
When you think of a 529 plan, you probably think of the 529 college-savings plan. Well, there’s a new 529 plan available now – the 529 ABLE (“Achieving a Better Life Experience”) account. The 529 ABLE account will provide eligible…
What is Guardianship? The court approved process of appointing a person or agency to act on behalf of an incapacitated adult who is unable to manage some or all aspects of his or her care. What is Conservatorship? The court…
The New Year brings many new beginnings. We often start the New Year with good intentions and resolutions to lose weight, exercise more, curtail some of our other less than healthy habits, be kinder, more patient, travel more, and maybe…
The Disability Military Child Protection Act 2015 was signed by President Obama December 19, 2014. Congress is allowing members of the military to name special needs trusts as the beneficiaries of Survivor Benefits Plans (SBP). What does this mean for…
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…
Just because you have retired and grown older does not mean you have lost the ability to make decisions about your life or to decide for yourself who will inherit your assets when you die. Perhaps you do not have…
Good question! You’ve thought through your estate plan and you’ve gone to your attorney to prepare a Will or Trust just how you want it. Then what? You lock them up in your home safe, put them in your safe…
It’s that time of year – flu season! The Centers for Disease Control and Prevention (CDC) recommend getting a flu shot annually. Please see the questions and answers below regarding flu vaccines and other vaccines. Q: Why do we need…
In September, 2015, testimony was heard about the ABLE Act by the Legislative Committee on Disabilities of the New Mexico Legislature, and the members of that committee present voted to support passage of an ABLE Act for New Mexico. On Nove
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.
Elder abuse in the form of financial exploitation can be devastating to the victims and their families. It is pervasive throughout New Mexico and the nation. Most of us are familiar with the harm that can be caused by telephone…
No, New Mexico does not allow physician Aid in Dying…yet. This is a controversial and extremely polarized subject. Where some consider physician Aid in Dying to be assisted suicide, others look at it as opportunity to die with dignity. Oregon…
Discussing finances and end-of-life decisions is not an easy discussion to have with loved ones, but it is an important one. Often many problems in probating an estate or caring for an elderly parent or grandparent can be avoided by…
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…
We have heard the time worn adage “One man’s treasures are another man’s junk.” Put more personally, when I have moved from one residence to another, I have always been surprised by boxes that are never unpacked, or by discovering…
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…
July 30, 1965, President Johnson signed the Social Security Amendments of 1965 into law. This law created not only Medicare, but also Medicaid. Medicaid is the joint state and federal health insurance program for low-income people and also allows seniors…
The United States Supreme Court Upholds the Right of Same-Sex Couples to Marry. On June 26, 2015, the United States Supreme Court, in a 5-4 decision, authored by Justice Kennedy, upheld the right to marry as a fundamental right in…
In our firm, we work with many families that include people with disabilities, and disability issues rank high on our list of top priorities. We like to keep an eye out for laws that pertain to disability issues to keep…
Estate Planning- Is It for Everyone? Estate planning is not just for the rich and famous. Ask yourself this – -Do you have now or have you had a spouse/partner? -Do you…
Your child has been evaluated and determined to be in need of special educations service. Now you’ve been informed that there will be an IEP meeting for your child. This notification must be provided to you in writing and in…
In his latest book – Being Mortal – Dr. Atul Gawande explores disability, diminished capacity and the onset of dementia, not as medical issues but as the natural processes of…
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…
There are many resources available to help parents help their special needs children in many areas. There are resources for obtaining equipment such as walkers, wheelchairs, adaptive strollers, car seats, swings, high chairs and more. There are resources for obtaining…
Just like parenting a typically developing child, parenting a Special Needs Child is full of challenges and rewards. Milestones are anticipated and often met, but many times much later than the typical age and often with much therapy, intervention and…
Opportunities and Misconceptions March is Developmental Disabilities Awareness Month. Owing to parent advocacy and landmark legislation, communities have become significantly more responsive to the needs of people such as my daughter, Emily, who has cerebral palsy and autism. But challenges…
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…
Generally, peoples’ estate planning revolves around providing for their spouse and children, and maybe other family members and charities. While some people consider their pets to be their children, at a minimum, most people consider their pets to be part…
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,…
Many people in New Mexico have what they call “living trusts.” Although there are many seminars offered on living trusts, many people who have them do not need them. On the other hand, our office does prepare these trusts for…
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…
In the late 1980’s, people around the United States began asserting their right to self-determination to decide how their medical care should be managed during the last days or weeks of their lives. They invented the term “living will” to…
Charitable trusts are effective estate planning tools for providing benefits to charitable and non-charitable beneficiaries. Because the benefits of charitable trusts are split between these two types of beneficiaries, they are referred to as “split interest trusts.”…
Helpful Tips to Help You and Your Loved Ones Plan For Long Term Care Caring for a disabled family member can be exhausting and navigating the system for public benefits to provide for your loved one’s ongoing financial…
We learned about Paws and Stripes when they received an award for best new nonprofit in 2013. They have been in business since 2010 in Albuquerque. We need to recognize the number of disabled veterans that have returned from the…
It is very common for disputes about wills and trusts to arise after a loved one has passed away. Sometimes people feel they were unjustly excluded or they have not received the inheritance they were entitled to. To better help…
First, we have to understand the concept of a “hot document.” A hot document is one that confers authority. A Will is never a hot document until the Testator dies. A Power of Attorney usually confers authority at the time…
I attended a spring “boot camp” of the Special Needs Alliance last weekend. I have been a member of this organization since 2002. It is an invitation-only professional organization of lawyers who have expertise in planning with families who have…
Last Saturday, several of our clients, friends and their family members, attended our annual Trust School. We hold another session of the Trust School each fall, concentrating on Special Needs Trusts. But this spring session is all about all types…
An agent is a person chosen by another person to act on their behalf. The person who chooses an agent is often called the “principal.” The agent represents the legal rights and responsibilities of the principal, but the principal does…
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