As an elder lawyer, I advocate for the elderly and their loved ones. I represents individuals and families in a wide range of legal matters that affect elders or disabled individuals. This includes matters relating to last wills and testaments, probating the estate, executing all types of trusts, drafting durable power of attorney, power of attorney, advance directives (living will), health care proxies, guardianship, conservatorship, retirement, social security, Medicare, Medicaid, nursing home and other vital matters that help protect you from financial abuse.
In this specialty, I focus on the needs and requirements of older adults, which in many ways are vastly different and more focused than the needs of younger adults. Not only do I handle important financial and estate planning needs, but also the day-to-day issues affecting the personal and health care of elders, such as nursing home, assisted living and financial planning to meet issues faced later in life.
If you are an elderly individual with emotional or physical needs or a spouse of a child of that individual, I am prepared to handle the challenging situations that arise as a result of those needs. I can create new estate planning documents to isolate the misuse of money and assets.
As an attorney that represents the elderly, among other legal documents, I prepare the following:
Elder Law Services
The directions of the testator as to the manner in which his or her estate is distributed among the heirs or beneficiaries.
A term that includes many aspects of estates, conservatorships, guardianship, and involuntary commitment, among other areas.
Legal instruments that establish and hold assets for a period of time for the benefit of a beneficiary or beneficiaries. Trust may be structured as revocable, meaning the individual establishing and funding the trust may revoke and terminate the trust at any time for any reason. A trust may also be established as being irrevocable swearing the trust once established may not be terminated by the individual that established and funded the trust. Additionally, there are Medicaid approved trusts that would allow for nursing home coverage for individuals that might not otherwise be eligible for coverage. Finally, there are Special Needs Trusts that provide an avenue for support for individuals with special needs.
A written authorization to represent or act on another’s behalf in private affairs, business, or some other legal matter. A standard Power of Attorney ends if you become mentally incapacitated or die.
A written authorization to represent or act on another’s behalf in private affairs, business, or some other legal matters. A Durable Power of Attorney allows your “agent” to continue making financial decisions for you, even in the event of mental incapacitation. This kind of Power of Attorney automatically ends at death.
An Advance Directive, sometimes referred to as a Living Will, informs the attending physician of the health care directives of the patient concerning maintaining life support, food, and water in the instances of a terminal illness or a state of permanent unconsciousness.
The individual named in an Advance Directive as the Health Care Proxy ensures the directives of the patient are carried out by the medical team overseeing the care of the patient.
A position appointed by the Probate Court wherein the individual is responsible for making decisions, other than financial decisions, on behalf of ward, many times a parent or disabled child.
A position appointed by the Probate Court wherein the individual is responsible for the finances of the ward, many times a parent or disabled child.
Medicare is a federal program that provides health coverage if you are 65 or older or have a severe disability, no matter your income.
Medicaid is a joint federal and state program that helps with medical costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, like nursing home care and personal care services.
If you are eligible for both Medicare and Medicaid (dual eligible), you can have both. Medicare and Medicaid will work together to provide you with very good health coverage.
In addition to those documents, you will receive legal advice concerning your long-term care options and benefits, a patient’s rights, Medicare and Medicaid eligibility, income, and estate and gift tax matters.