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April 6, 2022

What is the Difference Between Elder Law and Estate Planning?

Elder law and estate planning serve two different—but equally vital—functions. The main difference is that elder law is focused on preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die. Elder law planning is concerned with ensuring that seniors live long, healthy, and financially secure lives. It usually involves anticipating future

Elder Law

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January 24, 2022

What is an Elder Law Attorney and Do I Need One?

Elder law is a practice area defined by the people whose legal needs are served—senior citizens. It is an area of law which grew out of the need for estate planning attorneys to address legal problems facing older clients and their children. Elder law is a remarkably diverse area of practice. It encompasses issues affecting the lives of the “elderly,” a population

Elder Law

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January 24, 2022

How to Have a Financial Management Conversation with an Elderly Loved One

Guest Blog By SilverBills Having a conversation with an older adult relative about financial matters may be challenging. However, conversations such as these are essential as they provide an opportunity to talk about what a loved one may need help with as he or she ages. Starting these conversations can sometimes be problematic, as the idea of allowing others to help

Elder Law

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May 11, 2021

The Passage of the Elizabeth Whitefield End-of-Life Options Act

While there are certainly wide-ranging views on this law, there are many who will find peace in having a lawful option for ending their suffering on their own terms.

Elder Law

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January 21, 2021

How to Spot the Signs of Elder Abuse

Elder care can be challenging for families to navigate. Whether they arrange care at home or decide to move a loved one into a facility, families want to make sure their loved ones are well cared for. Unfortunately, elders’ social isolation, mental impairment (such as in instances when they are facing dementia), and reliance on others for care makes them

Elder Law

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July 13, 2020

A Lesson in Elder Financial Abuse: It Can Happen to Anyone

Larry was 84-years old when he passed away last year.  His wife of 62 years died in 2018.  His only child, David, lived overseas and he had no other living family.  Larry was fiercely independent and was reluctant to ask for assistance with anything.  Concerned for his well-being and knowing that he would never consider moving into an assisted living

Elder Law

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May 22, 2020

Webinar: Planning Ahead for Dementia Caregivers

On Tuesday, May 19, 2020, PBWS attorneys Daniel J. Monte and Margaret A. “Peggy” Graham joined the Alzheimer’s Association of New Mexico to present a webinar to their Dementia Caregivers group discussing legal options for caregivers. If you have a loved one who has been diagnosed with dementia or Alzheimer’s or are wanting to ensure you have your documents in

Elder Law

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August 30, 2017

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

Elder Law

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November 16, 2016

Having Difficult Conversations with Your Aging Parents

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 in disrepair and is not the neat and tidy home you are used to seeing the refrigerator is full of food that

Elder Law

June 7, 2016

Proud to be a Certified Elder Law Attorney

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 take pride in the fact we are uniquely trained to work with the elderly, their families, and special needs clients.

Elder Law

October 19, 2015

Elder Abuse, Financial Exploitation, and Undue Influence

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 scams or overly friendly neighbors and caregivers, who may persuade older adults to hand over funds or change their wills.

Elder Law

March 5, 2015

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

Elder Law

November 18, 2010

Continuing Care Retirement Facilities

We all live where we want to, until we can’t anymore.  Then, housing becomes a much bigger issue than we ever thought it would be.  It is not about which town, or which neighborhood, or split level or ranch.  It is about what type of housing will accommodate us as we age, and, to be honest, as we grow more

Elder Law

October 4, 2010

Who Is Protecting Seniors?

Ads have been running on TV paid for by the Coalition to Protect Seniors, Inc., which state that people on Medicare should oppose health care reform because it will take away $445 million in Medicare benefits.  Our law firm works very hard to protect seniors, and we have studied the Affordable Care Act, and we do not think that it

Elder Law

September 22, 2010

What It Takes to Stay at Home

As we age, we can lose many of the faculties that we have taken for granted for years such as, hearing, sight, balance, memory and mobility, to name a few. Even with very good health, these functions upon which we have depended for years can fail us. The familiarity of our homes becomes one of the things that we can

Elder Law