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Elder Law

Area of legal practice focusing on the special needs and problem areas of those generally over fifty years old. Our firm possesses a comprehensive knowledge in the area of Elder Law. The goal is to enable every person to continue to live with dignity and without undue dependency on their family or the Welfare System.

What is an Elder Law Attorney?

Attorneys who work in the field of elder law bring more to their practice than an expertise in the appropriate area of law. They also have knowledge of the senior population and their unique needs as well as the myths related to competence and aging. They are aware of the physical and mental difficulties that often accompany the aging process. Because of their broad knowledge base they are able to more thoroughly address the legal needs of their clients.

For example, when planning an estate, an elder law attorney would take into consideration the health of the person or couple, the potential for nursing home care and the wishes and concerns of the person or couple if that event were to occur. If need arises, the elder law attorney will associate other legal experts.

Elder law covers all aspects of planning, counseling, education, and advocating for clients. Elder law attorneys are a resource to their clients because they understand their clients' needs may extend beyond basic legal services and stay informed about and connected to the local networks of professionals who serve the elder population.

LEGAL ISSUES

Elder law attorneys deal with legal issues involving the following:

Health and personal care planning, which include the following topics: powers of attorney and living wills; lifetime planning; family issues;

Fiduciary (financial) representation; financial planning; housing opportunities and financing; income, estate, and gift tax matters;

Planning for a well spouse when the other spouse requires long term care; Asset protection; public benefits such as Medicaid and insurance; Veterans' benefits;

Capacity; guardianship and guardianship avoidance;

Resident rights in long term care facilities; nursing home claims;

Will and estate planning;

Elder law encompasses all aspects of planning for aging, illness, and incapacity. The specialization requires a practitioner to be particularly sensitive to the legal issues impacting elder clients.

These goals can be achieved by proper Asset Protection, Asset Planning, Health and Personal Care Planning. The documents to further these goals are drafting a Will, Living Will, General Durable Powers of Attorney and Estate planning when appropriate. Also if applicable, give advice in applying for government assistance so that the spouse and children are left with adequate income and resources. Lastly if required our office can file guardianship proceedings when required.

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