Attorney Betty Dillon handles a variety of elder law issues for clients in Bethel Park, Pa and the Pittsburgh, PA area including guardianship, long-term care, trusts, estate planning, estate administration, retirement issues, asset protection, financial power of attorney and healthcare power of attorney.  Attorney Dillon has provided many years of elder law services to clients throughout Pennsylvania.  She is a Member of ACBA Elder Law Committee which keeps her informed of up-to-date information.  Attorney Dillon offers home and hospital visits for those clients who may have difficulty with transportation.

Common Questions Regarding Elder Law Issues Include:

Living Wills:
	I have decided that I do not want to be kept alive by machines if there's no quality left to my life. I've already told my kids my wishes. Should I have a living will?
Asset Protection:
	My husband died recently. Should I add a child's name to my bank accounts?

My husband died recently. Should I add a child's name to my bank accounts?

Rather than adding your child's name as a co-owner of the account, I would advise you to give that child power of attorney. By adding a child's name to the account, you're running the risk of paying inheritance tax on your own money if your child should predecease you. The account would also be subject to execution by a judgment creditor of your child. While the jointly titled accounts would not be subject to probate upon your death, neither could any of your other children lay claim to any portion after your death. An alternative that lets you remain in control of the accounts during your lifetime but allows them to pass free of probate (though subject to inheritance tax) is leaving them in your name, "MARY SMITH", "in trust for (ITF) JANE SMITH". As with most estate planning questions, whether your assets are modest or more substantial, you are advised to speak personally with an attorney.

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I have decided that I do not want to be kept alive by machines if there's no quality left to my life. I've already told my kids my wishes. Should I have a living will?

It is critical that your desires in this regard be expressed in writing. Living Wills are now valid in Pennsylvania. The "form" living will allows you to answer yes or no to specific treatments you would or would not want if you are terminally ill or in a persistent vegetative state, which essentially means a coma you're not likely to come out of. One of these conditions must exist before the living will can have any effect. This greatly limits the utility of a living will. The document I recommend is a Health Care Power of Attorney and Advance Directive. In this document you appoint an agent to make medical decisions when, and only when, you are unable to make such decisions for yourself. It also functions as a living will, setting forth your wishes in regard to treatment serving only to prolong the dying process, without the limiting requirement that you be terminally ill or in persistent vegetative state. Whichever document you choose, be sure to discuss its contents with your health care providers, and be sure copies are in your medical records. Family members likely to be involved in these decisions, and of course, any agent(s) you appoint to make health care decisions should also have a copy.

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