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Elder Law Attorney Services

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What is Elder Law?

Elder law is a field of law that focuses on legal issues that affect older adults, including disability and special-needs planning, guardianship, estate and incapacity planning, and elder abuse.

Elder law attorneys help families navigate the legal complexities of aging. Elder law includes counseling families on the variety of long-term care options, helping families who have loved ones with dementia, Alzheimer’s or Parkinson’s, or explaining long-term care benefits programs.
Sometimes it’s hard for families to know just what to do when they are caring for a loved one. An experienced elder law attorney can help by asking the right questions to get at the specific issues a family may be experiencing and help find solutions.

Plans & Trusts

Asset Protection Plans

Asset protection planning is a method used to shield assets that would otherwise be susceptible to legal judgments or claims by creditors or former spouses. A number of legal devices exist to ensure that both personal and business assets remain in the possession of the asset-holder.

Special Needs & Miller Trusts

Special Needs Trusts are created for individuals who are currently receiving public benefits or may need public benefits in the future. Miller Trusts are meant to assist those applying for benefits whose income may be over the qualifying amount. They are planning tools to help people who need public benefits qualify for benefits, protect those benefits, and protect the assets of the person who needs the benefits.

Long-Term Care Planning

The type of estate planning document that best suits you depends on your circumstances and wishes.

What is a Long-Term Care plan?

At its simplest, a long-term care plan (LTC) is thinking through where you want to age and how you wish to be treated.
Questions to Consider:
At what point as you age would you consider hiring a healthcare worker to come into your home?
Am I physically able to age in place and what modifications may need to be made to allow me to stay in my house?
When you should consider Independent or assisted living?
Is my caretaker able to take time off from work to care for me?
If I chose to stay in my home, is it accessible for me?
Do I have long-term care insurance?
If you choose to remain at home how will you handle the isolation?
Do I have children or other dedicated caretakers who are available to take me to doctor’s appointments, grocery shop, and help prepare meals
How will I pay for care?

LTC Options

If you prefer to be social and have activities while being around others, there may be other options that would be more beneficial than remaining in your house.

Home Health Care

In this scenario you will remain in your home and enlist varying degrees of assistance. Depending upon your health, you may obtain assistance running errands, help with transportation, meal preparation, medical management, etc.

Independent Living

Independent living provides an array of options to allow active seniors to live independently. Benefits include companionship of many others who are experiencing the same conditions as they age. Living units contain kitchens, yet meal plans are available if you can’t or don’t wish to prepare your own meals. You remain independent and handle your own business concerns. In this communal living arrangement there are a wealth of activities and social outlets to enjoy.

Assisted Living

Assisted living becomes an option when someone requires more help such as bathing assistance, medication management, included meals, safety checks, and more. However, you remain in your apartment either alone or with a roommate depending upon finances. Activities, a van available for safe transport to events and for errands, planned social outings, and companionship are hallmarks of this arrangement.

Skilled Nursing

Skilled nursing comes into play when you require 24-hour care such as a memory ward or for your safety and medical issues. 24/7 care of this type usually necessitates a shared room environment and is extremely costly.

Continuous Care Retirement Community (CCRC)

A CCRC is an all-in-one aging solution offering multiple levels of care on the same campus. Many such campuses have independent living, assisted living, memory care, and skilled nursing. The biggest benefit of these communities is offering a continuum of care. They are designed to allow their residents to stay in the same place with the same people if their health declines.

The pricing models for CCRCs are different from other solutions. Many are buy-in structures that allow residents to essentially pre-pay for their care. For those with no long-term care insurance who want to ensure they have access to the care they need when they need it, a CCRC may be a solution to consider.

Need Medicaid Assistance?

We provide the following Medicaid services to better assist you with long-term care planning.

Assess Medicaid Qualifications

Qualification for long-term care Medicaid is complex and confusing. We advise people on the best approach for their specific needs.

Medicaid Application Assistance

We help clients prepare applications for Medicaid long term care services and follow it through the system until there is a resolution.

FAQs

As you are planning for your retirement, you should also start planning for your long-term care and thinking about what that looks like for your situation as you age.

If you are near retirement age, consult an elder care attorney to review your total financial picture including assets, finances, long-term care plan, and estate planning documents. Your powers of attorney need to have the proper powers included in them as you age. You should consult with an elder care attorney for Medicaid qualification; an elderly relative harming themselves or being harmed; assistance with an injured elderly relative who can no longer remain in their home; and advice on questions regarding your future and LTC plans as you age.

There are three ways to pay for long-term care. You may privately pay from your own financial resources, use long-term care insurance funds if you have an active policy, or utilize government benefits, such as Medicaid or veteran’s pension benefits. Sometimes people can use a combination of all.