Do I really need a will if I don't have many assets?

Yes — a will isn't just about money. It determines who raises your minor children, who handles your affairs, and how even modest assets are distributed. Without one, Pennsylvania's intestacy laws decide all of that for you, and the outcome may not match your wishes.

What's the difference between a will and a trust?

A will takes effect after you die and goes through probate — a public court process. A trust takes effect immediately, avoids probate entirely, and can manage assets during your lifetime if you become incapacitated. For many families, especially those with real estate or blended family situations, a trust provides far greater protection and flexibility.

When is the right time to start Medicaid planning?

Earlier than most people think. Medicaid has a five-year look-back period, meaning transfers made within five years of applying can result in penalties and delayed eligibility. The best time to start planning is well before a nursing home becomes a possibility — ideally in your 60s or early 70s.

Do I need a Pennsylvania attorney to buy a home in the Poconos?

Pennsylvania doesn't legally require an attorney for a real estate transaction, but it's strongly advisable — especially for out-of-state buyers. Pennsylvania law, title requirements, and disclosure rules differ significantly from New York and New Jersey. An attorney reviews your contract, identifies title issues, and protects your interests at closing in ways a real estate agent cannot.

If I leave money to my child with a disability, will it affect their benefits?

It can — and often does. Leaving assets directly to someone receiving SSI or Medicaid can disqualify them from those programs. A Supplemental Needs Trust allows you to provide for your loved one's quality of life without jeopardizing the government benefits they depend on. This type of planning requires careful drafting, and getting it wrong can have serious consequences.

Healthcare Proxies vs. Living Wills: What's the Difference?

Estate Planning

Apr 7

Written By William Onofry

People often use these terms interchangeably — but they serve two different purposes. Both are essential. Neither replaces the other. In Pennsylvania, as opposed to other states, we use one joint document formatted by the State to address both.

A healthcare proxy (also called a healthcare power of attorney) names a specific person to make medical decisions on your behalf if you can't make them yourself. This person — your agent — can speak with doctors, review your records, and make real-time decisions based on your condition and values.

A living will (sometimes called an advance directive) is a written statement of your wishes regarding specific medical treatments — particularly end-of-life care. It answers questions like: Do you want to be kept on life support? Do you want aggressive intervention in a terminal situation? It speaks for you when you can't speak for yourself.

Referring to the Pennsylvania form, both parts work together. Your living will provides the framework; your healthcare proxy makes decisions within that framework. Without a proxy, even a clear living will can create confusion in a fast-moving medical situation. Without a living will, your proxy may face agonizing choices without guidance.

Finally, don’t worry if you’re moving into Pennsylvania from a state that uses two separate documents. Health care proxies and living wills validly executed in another state are valid in Pennsylvania. But, if you’ve moved and things have changed - the initial agent or alternate is further away or can’t serve, a change may be appropriate.

These documents are part of our basic plan, which doesn’t take much of your time or effort to put in place. Don't wait. Call (570) 904-2098.

Jacobs, Wilson & Onofry · jwolawyers.com · (570) 904-2098

DISCLAIMER: This article is intended for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws vary by jurisdiction and individual circumstances differ. Please consult an attorney for guidance specific to your situation.

Estate PlanningHealth Care ProxyHealth Care Power of AttorneyProxyHealth Care AgentLiving WillMilford PAMilfordPike County

William Onofry

Healthcare Proxies vs. Living Wills: What's the Difference?

What Is a Trust and Is It Right for Your Family?

What Is a Power of Attorney — and Do You Need One?