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Four Steps to Naming a Legal Guardian

July 23, 2018 by Kristina

naming-legal-guardianIt’s something no parent likes to think about, but accordingly there’s no better time than the New Year to handpick legal guardians who can raise your children if something happens to you.

Statistics show that 69% of US parents do not have legal guardians named to care for their kids in the event of sudden death or incapacity.  If both parents should pass away at the same time a judge will have no choice but to step in and make painful custody decisions on your child’s behalf. [Read more…]

Filed Under: Blog, Guardianship Tagged With: Guardianship, legal guardian

Telemarketing Fraud: Steps to Protect Elders

June 2, 2018 by Kristina

CellphoneElder abuse comes in many forms. An overwhelming majority of it is financial abuse. If you have an elder parent or family member who lives alone, he or she may be at risk of a new wave of telemarketing fraud targeting the elderly.

One recent case of telemarketing fraud billed elderly consumers for medical alert devices they never ordered. Telemarketers would claim they were calling in response to a request for information from the person or a family member and then try to sell them the device.  Even those who didn’t order were sent a bill along with the shipment. The company behind the telemarketing fraud would then use threats and intimidation to induce the victims to pay.

If you don’t think telemarketing fraud can happen to your loved one, consider this. According to a study by the AARP, seniors over age 50 are disproportionately at risk for becoming victims of telemarketing fraud.   The study found that the average age of victims was 69 and that women were twice as likely as men to become victims.

Telemarketing fraud is also becoming increasingly sophisticated. Fast-talking predators use high pressure sales techniques and psychological ploys to overcome a senior’s initial resistance. Some other common schemes involve low-cost, high-risk investments, fake charities, time-sensitive product deals, or prize winnings that seniors are told they have to pay taxes or a fee to collect.

When a senior becomes a victim of telemarketing fraud, it can be financially devastating. Because these crimes are hard to trace, it is very difficult for victims to get their money back. Sadly, many incidents of telemarketing fraud against the elderly simply go unreported. Elderly victims may be embarrassed, don’t know where to go to report the crime, or fear they will lose their independence if they do report it.

Here are some steps you can take to help protect your elderly parents or family members from becoming victims.

  1. Talk to your parents about types of telemarketing fraud and remind them never to pay up front for a product or service, or to give out personal information such as a credit card or social security number over the phone.
  1. Offer to help them manage their personal finances so you can monitor bank and credit card statements for any unusual activity.
  1. Have them sign up for national Do Not Call list (888-382-1222, www.donotcall.gov) to help cut down on telemarketing calls.
  1. Design a call script, such as “I don’t give out personal information over the phone,” to aid them in ending calls from pushy telemarketers.
  1. If your elderly parent has dementia, or is otherwise incapacitated, you may want to contact an elder law attorney to advise you on utilizing your parent’s durable power of attorney and/or obtaining a guardianship or conservatorship.

For more suggestions on how to identify and prevent elderly telemarketing scams, visit the Federal Trade Commission’s consumer education website.

The best protection against telemarketing fraud and elder abuse is to ensure that your loved ones are properly cared for and that their assets are protected. Proper estate planning can help give you and your loved ones piece of mind. Contact us to discuss various planning options today.

Photo Credit: Tim Dorr

Filed Under: Blog, Conservatorship, Elder Needs, Family, Guardianship, Uncategorized Tagged With: Conservatorship, Durable Power of Attorney, elder abuse, Guardianship, power of attorney, telemarketing fraud

Many Power of Attorney and Health Care Proxy Documents Should be Revised in Massachusetts

May 17, 2012 by 3mediaweb

If you’ve had legal documents drafted in Massachusetts pertaining to your health, financial, and long-term care wishes, you should have them reviewed and revised now! Massachusetts laws relating to powers of attorney and health care proxies have recently changed. This along with federal medical privacy laws can affect your already-created documents.

The federal law, known as the Health Insurance Portability and Accountability Act (HIPAA), generally prevents health care providers from disclosing your personal medical information to anyone other than you and someone you’ve named as your “personal representative.” Frequently you will sign medical releases at your physician’s office allowing them to communicate with any specialists you are seeing, like a podiatrist or a cardiologist. Protecting your medical privacy is very important but the law can create some complications. [Read more…]

Filed Under: Blog, Conservatorship, Durable Power of Attorney, Elder Needs, Estate Plan Review, Guardianship, Health Care Proxy, Uncategorized Tagged With: Conservatorship, Durable Power of Attorney, Estate Plan Review, Guardianship, Health Care Proxy

Let Someone Know Your Medical Wishes For National Healthcare Decisions Day

April 13, 2012 by Kristina

National Healthcare Decisions Day is on April 16th, and it’s an important reminder for every adult to let someone know their most private wishes about medial treatments and possible end-of-life care. [Read more…]

Filed Under: Durable Power of Attorney, Family, Guardianship, Health Care Proxy, Living Will, Uncategorized Tagged With: Durable Power of Attorney, Family, Guardianship, Health Care Proxy, Living Will, preparedness

Worcester Estate Planning Attorney: How to Physically and Financially Protect Your Children If Something Happens To You

February 27, 2012 by Kristina

Parents in Worcester, Massachusetts rely on a lot of outside help when it comes to raising their children.  From family members to school systems to friends who pass on advice and hand-me-downs, it really does take a village to raise a child.  When it comes to estate planning, however, it is up to you to determine what is best for your minor children. [Read more…]

Filed Under: Blog Tagged With: Conservatorship, Guardianship

Guardianship Alternative for Minor Children Living With Non-Parent

August 14, 2009 by Kristina

Occasionally a minor child will end up living with someone else besides his or her parents. This could be temporary, semi-permanent, or permanent. Perhaps the parent is in the military and was called to active duty so the child goes to live with a grandparent. Maybe the parents have a health or substance abuse issues and an aunt/uncle take charge of the child. Or perhaps a child chooses to live with a relative so that they may attend a specific school.

In situations such as those it used to be that in order for the caregiver to have the authority they needed to deal with health care providers, medications, and the school systems, a guardianship was needed. This process was costly, time consuming, and actually replaced the parent’s rights to make decisions for their children during the time that the guardianship remained in effect. A trip to the Probate Court was needed to initiate and terminate the process. [Read more…]

Filed Under: Estate Plan Review, Family, Guardianship, Uncategorized Tagged With: caregivers, estate plan, Guardianship, minor children

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Vickstrom Law


Vickstrom Law, PC
Kristina R. Vickstrom, Esq.
255 Park Avenue, Suite 507
Worcester, MA 01609
508.757.3800


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