https://www.donohew.com/articles/ Articles on aging in place, estate planning, elder law, Medicaid and long-term care by attorney Monty L. Donohew. en-us https://www.donohew.com/2026/10/how-to-build-family-command-center-for https://www.donohew.com/2026/10/how-to-build-family-command-center-for Mon, 26 Oct 2026 13:00:00 GMT When a parent’s health changes, the first casualty is usually communication. One sibling is told about the fall, another hears it secondhand. The doctor’s instructions live in one person’s head. Three people bring casseroles on… https://www.donohew.com/2026/10/should-i-prepay-for-funeral-how-to https://www.donohew.com/2026/10/should-i-prepay-for-funeral-how-to Wed, 21 Oct 2026 15:00:00 GMT Few families want to talk about funerals. Most of us will be asked sooner or later. Should I pay for mine in advance? There is no single right answer. Prepaying can spare your family a stressful round of decisions. It can lock in… https://www.donohew.com/2026/10/smart-home-devices-and-mental-health https://www.donohew.com/2026/10/smart-home-devices-and-mental-health Mon, 19 Oct 2026 13:00:00 GMT We have written a lot on this blog about technology that helps people stay in their own homes. Fall-detecting watches. Voice assistants. Daily check-in calls. Cameras and smart locks. A fair question follows . Do these devices… https://www.donohew.com/2026/10/one-wrong-checkbox-what-new-irs-ruling https://www.donohew.com/2026/10/one-wrong-checkbox-what-new-irs-ruling Wed, 14 Oct 2026 12:00:00 GMT A married couple did everything right. One spouse signed an irrevocable trust whose primary purpose was to benefit descendants, funded it from investment accounts, and told the accountant the trust was meant to benefit future… https://www.donohew.com/2026/10/sorting-out-ssns-tins-itins-and-eins https://www.donohew.com/2026/10/sorting-out-ssns-tins-itins-and-eins Mon, 12 Oct 2026 12:00:00 GMT At a glance "TIN" is the umbrella term. Social Security numbers, EINs, and ITINs are all TINs.. When a form asks for a "TIN," it wants the number of whoever owns the account: you, your trust, an estate, or a business. An… https://www.donohew.com/2026/10/the-trusts-new-tax-id-simple-form-that https://www.donohew.com/2026/10/the-trusts-new-tax-id-simple-form-that Fri, 09 Oct 2026 12:00:00 GMT At a glance When the grantor dies, a revocable trust usually becomes irrevocable and needs its own employer identification number (EIN). The application is free and online, but a few entries decide where IRS mail goes and which… https://www.donohew.com/2026/10/who-was-isolating-whom-michigan-will https://www.donohew.com/2026/10/who-was-isolating-whom-michigan-will Wed, 07 Oct 2026 12:00:00 GMT In April 2016, an 88-year-old Michigan man named Brownie Kachar stood in his kitchen holding a barbecue fork. His son Stanley and the home-care nurses had been discussing his care without him. Brownie was angry. He insisted he… https://www.donohew.com/2026/10/the-private-care-agreement-paperwork https://www.donohew.com/2026/10/the-private-care-agreement-paperwork Mon, 05 Oct 2026 12:00:00 GMT A Private Care Agreement (PCA) is one of the most useful and most frequently mishandled tools in aging-in-place planning. Families usually meet it as a single document: pay a child to keep Mom at home, write it down, hope… https://www.donohew.com/2026/10/protecting-deceased-persons-identity https://www.donohew.com/2026/10/protecting-deceased-persons-identity Fri, 02 Oct 2026 12:00:00 GMT At a Glance- Thieves target the weeks right after a death, when no one is watching the accounts. The first steps cost nothing and need no court order: a careful obituary, a secured home, a protected phone line, and controlled… https://www.donohew.com/2026/09/you-dont-lose-your-voice-at-front-door https://www.donohew.com/2026/09/you-dont-lose-your-voice-at-front-door Wed, 30 Sep 2026 12:00:00 GMT A recent piece from ElderLawAnswers laid out something families planning for a facility move often don't hear until it's too late: moving into a nursing home doesn't mean surrendering the right to make decisions about your own… https://www.donohew.com/2026/10/isolation-through-manufactured-conflict https://www.donohew.com/2026/10/isolation-through-manufactured-conflict Tue, 29 Sep 2026 12:00:00 GMT Exploitation of an older adult rarely starts with a locked door. More often it starts with a story. The story says the children are greedy. It says the sister "never calls anymore." It says the neighbor who checks in is really… https://www.donohew.com/2026/09/using-special-needs-trusts-and-able https://www.donohew.com/2026/09/using-special-needs-trusts-and-able Mon, 28 Sep 2026 12:00:00 GMT Families planning for a loved one with disabilities often face a difficult balancing act: how to provide meaningful financial support without jeopardizing eligibility for needs-based public benefits such as Supplemental Security… https://www.donohew.com/2026/09/when-workforce-walks-why-staffing https://www.donohew.com/2026/09/when-workforce-walks-why-staffing Fri, 25 Sep 2026 12:00:00 GMT A Harris Poll commissioned by Workforce Edge and Strategic Education surveyed more than 1,500 U.S. healthcare workers and 300 employers in June and July 2026. Fifty-nine percent of all workers said they are likely to look for a… https://www.donohew.com/2026/09/a-local-column-points-at-statewide-need https://www.donohew.com/2026/09/a-local-column-points-at-statewide-need Thu, 24 Sep 2026 12:00:00 GMT Sally Kelly writes the “Senior Life” column for The Portager , a locally owned news outlet serving Portage County. In her September 9, 2026 piece, “ Become a guardian volunteer for vulnerable neighbors ,” she wrote about… https://www.donohew.com/2026/09/california-court-reins-in-familys-20 https://www.donohew.com/2026/09/california-court-reins-in-familys-20 Wed, 23 Sep 2026 13:00:00 GMT Family trust litigation often turns on a single sentence buried in an otherwise routine distribution clause. A new published opinion from California's Fourth District shows exactly how much can ride on that sentence, and how far… https://www.donohew.com/2026/09/daily-wellness-check-in-services-for https://www.donohew.com/2026/09/daily-wellness-check-in-services-for Mon, 21 Sep 2026 13:00:00 GMT *The image is a Grok-AI generated image and does not depict a specific service/product One of the most common and persistent worries for families supporting an older adult who lives alone is simple: “Is she okay today?”… https://www.donohew.com/2026/09/what-murdoch-trust-fight-teaches https://www.donohew.com/2026/09/what-murdoch-trust-fight-teaches Fri, 18 Sep 2026 13:00:00 GMT Most trust litigation stays quiet. The filings get sealed, the settlement gets signed, and the rest of us never see how a judge actually weighs a trustee's motives against a trust's own terms. A newly unsealed Nevada probate file… https://www.donohew.com/2026/09/the-11-million-man-nobody-knew https://www.donohew.com/2026/09/the-11-million-man-nobody-knew Thu, 17 Sep 2026 13:00:00 GMT Joseph Stancak lived alone on Chicago's Southwest Side. He drove an old car. He wore old clothes. Neighbors guessed he might have been an electrician. Nobody knew much else about him. He died in 2016 at 87. He left no will. He… https://www.donohew.com/2026/09/cant-we-all-just-get-along-fostering https://www.donohew.com/2026/09/cant-we-all-just-get-along-fostering Wed, 16 Sep 2026 14:00:00 GMT Estate administration can test even the closest families. Old resentments surface, expectations clash, and grief and money can turn minor misunderstandings into lasting rifts. The worst cases devolve into violence . The good news… https://www.donohew.com/2026/09/why-i-almost-never-recommend-naming https://www.donohew.com/2026/09/why-i-almost-never-recommend-naming Mon, 14 Sep 2026 13:00:00 GMT When clients ask whether all three children, or all their beneficiaries, or just three trusted people, should serve together as co-successor trustees, I generally recommend against it. It may feel like the "fair" or inclusive… https://www.donohew.com/2026/09/the-benefits-of-owning-529-plan-in-trust https://www.donohew.com/2026/09/the-benefits-of-owning-529-plan-in-trust Fri, 11 Sep 2026 13:00:00 GMT A 529 education savings plan is one of the most tax-efficient ways to save for qualified education expenses. When the account is owned by an individual, however, control, continuity, and multi-generational planning can be… https://www.donohew.com/2026/09/the-ultimate-smart-home-toolkit-for https://www.donohew.com/2026/09/the-ultimate-smart-home-toolkit-for Wed, 09 Sep 2026 21:00:00 GMT Aging in place isn't just about staying home; it's about living well at home, with technology quietly handling the heavy lifting so you can focus on the moments that matter. This 2026 update to our original smart home toolkit… https://www.donohew.com/2026/10/no-contest-clauses-in-ohio-and-missouri https://www.donohew.com/2026/10/no-contest-clauses-in-ohio-and-missouri Wed, 09 Sep 2026 12:00:00 GMT A no-contest clause is a warning written into a will or trust. It says: challenge this plan, and you lose what the plan gives you. Lawyers call it an in terrorem clause, Latin for "in fear." The name fits. The clause works best… https://www.donohew.com/2026/09/the-missing-pillar-in-succession https://www.donohew.com/2026/09/the-missing-pillar-in-succession Fri, 04 Sep 2026 22:00:00 GMT A recent piece in the Wealth Strategies Journal , " Putting the Success in Succession Planning " by Katherine M. Sheehan, J.D., AEP, ATFA, lays out a genuinely useful framework for family business owners: successful transitions… https://www.donohew.com/2026/09/selling-family-farm-to-farmer-new-way https://www.donohew.com/2026/09/selling-family-farm-to-farmer-new-way Wed, 02 Sep 2026 12:00:00 GMT Many of the families we work with have the same quiet question at the kitchen table. Mom and Dad are ready to stop farming. A neighbor or a young farmer wants the ground. But the land has been in the family for decades, and the… https://www.donohew.com/2026/08/the-missing-words-12-million-lesson-in https://www.donohew.com/2026/08/the-missing-words-12-million-lesson-in Mon, 31 Aug 2026 13:00:00 GMT We've written on this blog before about how a general durable power of attorney can end up far weaker than the person who signed it ever intended. A Seventh Circuit decision handed down this summer is a clear illustration of that… https://www.donohew.com/2026/08/the-roommate-solution-unconventional https://www.donohew.com/2026/08/the-roommate-solution-unconventional Fri, 28 Aug 2026 13:00:00 GMT A recent CNN a rticle on New Yorkers finding creative ways to afford the city, from moving into convents, RVs, even a stranger's spare bedroom, mostly told the story from the young renter's side: how to survive $4,200-a-month… https://www.donohew.com/2026/08/alabama-supreme-court-confirms-circuit https://www.donohew.com/2026/08/alabama-supreme-court-confirms-circuit Thu, 27 Aug 2026 22:00:00 GMT Families with a loved one under a conservatorship in Alabama got an important, if technical-sounding, piece of good news this week. On August 24, 2026, the Alabama Supreme Court ruled unanimously that circuit courts retain the… https://www.donohew.com/2026/08/before-you-call-contractor-walk-route https://www.donohew.com/2026/08/before-you-call-contractor-walk-route Wed, 26 Aug 2026 13:00:00 GMT Most aging-in-place planning starts with the wrong question. A family notices Mom is slowing down, or Dad grabbed the counter a little too hard last week, and the first phone call is to a contractor for a remodeling estimate.… https://www.donohew.com/2026/08/from-clinical-to-stylish-new-face-of https://www.donohew.com/2026/08/from-clinical-to-stylish-new-face-of Mon, 24 Aug 2026 13:00:00 GMT For years, “aging in place” design often meant a clinical checklist: grab bars, walk-in tubs, wider doorways, and step-free entries. While these features remain important for safety, a new trend is reshaping how homes for adults… https://www.donohew.com/2026/08/your-voice-can-now-be-faked-can-your https://www.donohew.com/2026/08/your-voice-can-now-be-faked-can-your Fri, 21 Aug 2026 13:00:00 GMT For as long as elder law has existed as a practice area, verification of identity over the phone has rested on one simple, unspoken assumption: you know your own grandchild’s voice when you hear it. That assumption no longer… https://www.donohew.com/2026/08/when-nobodys-coming-to-check-family https://www.donohew.com/2026/08/when-nobodys-coming-to-check-family Thu, 20 Aug 2026 18:00:00 GMT Most of what we discuss on this blog assumes a certain baseline: that somewhere in an aging person's life, there's at least one family member paying attention; someone who'll notice the new hesitation on the stairs, the grocery… https://www.donohew.com/2026/08/family-wealth-is-evaporating-as-cost-of https://www.donohew.com/2026/08/family-wealth-is-evaporating-as-cost-of Wed, 19 Aug 2026 13:00:00 GMT Economists have long described the coming transfer of wealth from baby boomers to younger generations as the greatest in history. Estimates have ranged from $68 trillion to $84 trillion expected to change hands over the next two… https://www.donohew.com/2026/08/prenuptial-agreements-and-premarital https://www.donohew.com/2026/08/prenuptial-agreements-and-premarital Mon, 17 Aug 2026 12:00:00 GMT Prenuptial agreements ("Prenup") are often portrayed as tools reserved for the ultra-wealthy or for young couples with complex business interests. That view is outdated. Seniors entering a second or third marriage or blended… https://www.donohew.com/2026/08/when-courts-look-beyond-paper-note https://www.donohew.com/2026/08/when-courts-look-beyond-paper-note Fri, 14 Aug 2026 13:00:00 GMT In our recent discussion of Estate of Fields , we examined how the Fifth Circuit Court of Appeals disregarded the formal structure of a late-life family limited partnership and pulled the underlying assets back into the… https://www.donohew.com/2026/08/ninth-circuit-decision-allows-ftc-to https://www.donohew.com/2026/08/ninth-circuit-decision-allows-ftc-to Thu, 13 Aug 2026 12:00:00 GMT On August 4, 2026, the U.S. Court of Appeals for the Ninth Circuit issued a decision that should give pause to anyone relying on Domestic Asset Protection Trust (DAPT) for asset protection, particularly against federal agency… https://www.donohew.com/2026/08/michigans-new-guardianship-protections https://www.donohew.com/2026/08/michigans-new-guardianship-protections Wed, 12 Aug 2026 13:00:00 GMT In July 2026, Michigan Governor Gretchen Whitmer signed two bipartisan bills, Senate Bill 585 and Senate Bill 586 , aimed at strengthening protections for adults under guardianship. These measures, welcomed by advocates including… https://www.donohew.com/2026/08/protecting-seniors-from-ai-generated https://www.donohew.com/2026/08/protecting-seniors-from-ai-generated Mon, 10 Aug 2026 13:00:00 GMT On July 29, 2026, the Senate Special Committee on Aging held a hearing titled “ The AI Deception Machine: Deepfakes, Chatbots, and the New Frontier of Senior Fraud .” Paul Benda, Executive Vice President for Risk, Fraud and… https://www.donohew.com/2026/08/when-courts-look-beyond-paper-lessons https://www.donohew.com/2026/08/when-courts-look-beyond-paper-lessons Sat, 08 Aug 2026 12:00:00 GMT At a glance Five weeks before Anne Fields died of Alzheimer’s disease, her agent moved about $17 million of her assets into a family limited partnership. The estate reported her partnership interest at $10.9 million, a discount… https://www.donohew.com/2026/08/late-life-will-changes-and-magical https://www.donohew.com/2026/08/late-life-will-changes-and-magical Fri, 07 Aug 2026 12:00:00 GMT When an older adult suffers a serious health event, such as a stroke, and then executes or changes a will, the stage is often set for conflict. A recent Texas case, In re Estate of Corbett , shows how quickly those conflicts can… https://www.donohew.com/2026/08/elderly-abuse-cases-rising-in-ohio https://www.donohew.com/2026/08/elderly-abuse-cases-rising-in-ohio Wed, 05 Aug 2026 12:00:00 GMT A recent news segment and accompanying investigative reporting have brought renewed attention to serious concerns about care quality at facilities operated by the Arbors of Ohio nursing home chain. The reporting highlights a… https://www.donohew.com/2026/08/when-estate-inherits-ira-new-irs https://www.donohew.com/2026/08/when-estate-inherits-ira-new-irs Tue, 04 Aug 2026 22:00:00 GMT One of the most common and costly retirement-account mistakes is failing to identify beneficiaries on an IRA. When no beneficiary is designated (or the designation fails), the account passes to the decedent’s estate by default.… https://www.donohew.com/2026/08/trustee-personally-liable-for-rent-free https://www.donohew.com/2026/08/trustee-personally-liable-for-rent-free Mon, 03 Aug 2026 12:00:00 GMT A recent decision from the New Hampshire Supreme Court delivers a clear and costly reminder to trustees: living rent-free in trust-owned property and using trust funds for personal renovations constitutes a breach of fiduciary… https://www.donohew.com/2026/07/a-written-right-of-sepulcher-belongs-in https://www.donohew.com/2026/07/a-written-right-of-sepulcher-belongs-in Thu, 30 Jul 2026 16:00:00 GMT A recent Texas case illustrates a recurring and painful problem: when someone dies without clear written instructions about their remains, disputes among family members (or between family and a non-family partner) can create… https://www.donohew.com/2026/07/premature-qtip-trust-terminations https://www.donohew.com/2026/07/premature-qtip-trust-terminations Thu, 30 Jul 2026 12:00:00 GMT A recent U.S. Tax Court decision serves as a stark warning for families who attempt to “unwrap” or terminate a Qualified Terminable Interest Property (QTIP) trust early. In Linda M. Lewis v. Commissioner and Peter F. McDougall v.… https://www.donohew.com/2026/07/unauthorized-practice-of-law-how https://www.donohew.com/2026/07/unauthorized-practice-of-law-how Wed, 29 Jul 2026 12:00:00 GMT In our previous article we examined a Texas Court of Appeals decision that dismissed a trust’s appeal because its non-lawyer trustee tried to represent the trust pro se. That case is only one illustration of a much broader and… https://www.donohew.com/2026/07/ohio-steps-up-to-combat-romance-scams https://www.donohew.com/2026/07/ohio-steps-up-to-combat-romance-scams Tue, 28 Jul 2026 16:00:00 GMT Romance scams are among the most heartbreaking forms of financial exploitation facing older adults. Scammers create fake online relationships, build emotional trust over weeks or months, and then extract money, often under the… https://www.donohew.com/2026/07/texas-court-of-appeals-trustee-cannot https://www.donohew.com/2026/07/texas-court-of-appeals-trustee-cannot Tue, 28 Jul 2026 12:00:00 GMT A recent Texas Court of Appeals decision delivers a clear and important reminder for trustees, settlors, and families who rely on trusts: a non-lawyer trustee cannot represent the trust in court. Doing so constitutes the… https://www.donohew.com/2026/07/guardianship-when-protection-becomes https://www.donohew.com/2026/07/guardianship-when-protection-becomes Mon, 27 Jul 2026 14:20:45 GMT Protective placement and guardianship are among the most powerful tools the state can use against an adult. They can strip a person of the right to decide where to live, how to spend money, what medical care to accept, and even… https://www.donohew.com/2026/07/michigan-supreme-court-medicaid-ruling https://www.donohew.com/2026/07/michigan-supreme-court-medicaid-ruling Mon, 27 Jul 2026 12:00:00 GMT The Michigan Supreme Court Ruling in In re Estate of Sizick restores an important Medicaid planning tool for married couples while highlighting the ongoing risks of crisis-driven legal proceedings. The case, also styled Gries v.…