Our
Practice
The legal needs of the elderly
and disabled are many and diverse. Our firm works with a variety
of tools and techniques to meet the goals and objectives of
our elderly and disabled clients. This includes:
Planning and Management:
Planning for management of
assets in the event of disability, protection of life savings,
and planning for distribution of assets upon death are major
concerns of older persons and their families. Planning involves
not only these matters, but also includes the issues of health
care planning, retirement questions and other special legal
matters associated with aging.
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Nursing Home Asset Protection:
Nursing home asset planning
for the expense of long-term care as well as planning for other
problems associated with aging and disabilities are an important
part of our practice. When planning for nursing home care, our
firm can assist you with the following:
- Protecting your assets from the cost of nursing care and
long-term care.
- Ensuring the financial security of your family.
- Assisting you in the difficult process of applying for Medicaid
and other public benefits.
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Special Needs Trusts:
Special Needs Trusts can
be an effective management tool when preservation of public
benefits is, or in the future may be, essential to the well-being
of a family member. Funds held in a properly drafted Special
Needs Trust will not count toward qualification for SSI, Medicaid
or some other types of public benefits.
However, it is important
to strike a balance between the need to maintain public benefits
and the burden of the restrictions inherent in Special Needs
Trusts. The chief restriction of a Special Needs Trust is that
the disabled person (the “beneficiary” of the trust)
loses control of the funds. The burden of these restrictions
can be minimized with the use of trustees and advisors who are
trained and experienced in managing Special Needs Trusts.
The following individuals
can benefit from a Special Needs Trust:
- Injury victims facing very special challenges, who may receive
a large settlement.
- Individuals over the age of 65.
- Families involved in Nursing Home Asset Protection Planning.
- Parents with disabled children.
- Individuals who are receiving Medicaid or SSI.
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Guardianships:
Guardianships, and the many
available alternatives, are a significant part of the firm’s
elder law practice. Our law firm has substantial expertise in
establishing, defending and administering a guardianship whenever
a guardianship is necessary or required to meet the needs of
an elderly or disabled family member. When a guardianship becomes
necessary, our firm can help you with the following:
- Obtaining a court order appointing you as the guardian of
your spouse or parent.
- Ensuring that necessary health care decisions are made and
that necessary health care is provided.
- Assisting you as guardian to ensure that your family’s
money is secure and properly utilized for the benefit of your
family.
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Health Care Power of Attorney:
A health care power of attorney
is a formal agreement appointing a person to make health care
decisions for you when you are not capable of making these decisions
your self.
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Wills:
Wills are a vital part of
your estate planning. Even if you have a Living Trust, you must
have a Will. Your Will is an important legal document and is
especially valuable when used in conjunction with your Living
Trust or your Special Needs Trust. It can also be a significant
component of your nursing home asset protection plan.
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Trusts:
With a Living Trust you can ensure that your assets are managed
for you by a trustee you have selected and that your assets
are managed and distributed according to your trust agreement.
An important benefit of the Living Trust is that it provides
an alternative to guardianship for person who may have a disability
that precludes them from managing their own financial affairs.
Our firm can assist you in developing a Trust which will ensure
that your legacy will go to the recipients you select, as well
as minimize the taxes which might otherwise be assessed against
your estate.
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Health Care Decisions:
In dealing with the disabled
and older clients and their families, our firm has frequently
confronted the issue of personal control of health care decision
making. We are familiar with the issues and problems facing
older clients as they make plans for their health care. Our
office is able to assist in providing an integrated health care
plan including the following:
- Appointing a trusted family member or friend to make decisions
for you in the event that you are unable to make those decisions
yourself.
- Properly documenting your wishes should you not wish that
“heroic measures” be utilized to keep you alive.
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Financial Power of Attorney:
A Financial Power of Attorney
is a formal agreement giving someone you select the authority
to make decisions on your behalf. There are four (4) kinds of
powers of attorney:
-
A general Power of Attorney will give
your agent broad powers to make decisions on your behalf
while you have the capacity to manage your affairs; however,
the power ceases if for any reason you lose capacity to
manage your own affairs.
-
A general Durable Power of Attorney will
give your agent broad powers to make decisions on your behalf
while you have the capacity to manage your affairs. This
power continues to be effective even if you lose your capacity
to manage your own affairs.
-
A Springing Power of Attorney will give
your agent broad powers to make decisions on your behalf;
however, this power only becomes effective when your doctor
has documented that you have lost your capacity to manage
your own affairs.
-
A Limited Power of Attorney will give
your agent limited or restricted powers to make only specified
transactions on your behalf. This power ceases once the
specific transaction is completed.
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Probate,
Trust and Estate Administration:
When a family member has
passed, the survivors will need to collect the deceased’s
assets, pay the outstanding bills including any obligations
due to the Internal Revenue Service and distribute the estate
to those who are entitled.
Our office is able to assist
the surviving family members throughout the probate process,
which is a court supervised administration of the decedent’s
final affairs. In the event that there is a proper trust, a
probate may be avoided, in which case, our firm can assist your
family in the administration of the trust. In the absence of
a will or trust, our firm can provide other options that may
still avoid probate.
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