By Jill Roamer, JD

According to the U.S. Department of Health and Human Services, there is an almost 70 percent chance that your client will need some type of long-term care by the time they are sixty-five. That care might be provided as in-home help or at an assisted living or nursing home facility. As an elder law attorney, it is important that you discuss with your client the type of care they would prefer and create a plan to pay for it.

From an Internal Revenue Service memorandum regarding the modification of irrevocable grantor trusts, to a US Supreme Court dismissal of an ADA tester case and a new final rule regarding beneficial ownership information under the Corporate Transparency Act, we have recently seen significant developments in estate planning, elder law, and business law.

To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning, elder law, and business law practice.

By Brian Andrew Tully, JD, CELA

A comprehensive estate plan should encompass, at a minimum, the client’s legal, financial, and incapacity concerns. I believe, however, that most of us focus more on the legal and financial aspects of estate planning than on incapacity concerns. The realities of aging require that we give our clients greater attention and guidance about their long-term healthcare needs. The Alzheimer’s Association estimates that one in three seniors will die with cognitive decline resulting from Alzheimer’s disease or some form of dementia. The Family Caregiver Alliance reports that an additional one in three of us will have substantial long-term care needs, which means that we will need functional assistance with three or more activities of daily living.