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Elder Law

What is Elder Law?

Elder law is estate planning specifically for people who are above the age of 55 years old. Elder law is also useful for older persons who are disabled or have fallen ill.

Why is Elder Law beneficial?

Elder law is great for anyone who needs help with planning related to growing older. For example, most of our clients come to us for help planning disability and long-term care, retirement planning, as well as asset protection in the Medicaid context. 

Our team can assist with all aspects of elder law and estate planning, including: 

  • Estate Planning Documents
  • Long-Term Planning 
  • Retirement Planning
  • Assisted Living & Nursing Home Care 
  • Asset Protection & Preservation
  • Guardianship
  • Last Will & Testament
  • Power of Attorney (to address financial control issues)
  • Advance Medical Directive (to help with health care decisions)
  • Medicaid & Medical Assistance
  • Trusts 
  • Probate

When should I visit an Elder Law attorney?

We recommend that our clients meet with us to discuss elder law options when they reach age 55 or above. We also encourage our clients with elderly parents to explore their elder law options. Here are just a few examples of milestones that warrant a consult with your elder law attorney:

  1. You turned 55 years old or are already above age 55.
  2. You are/have an elderly parent that needs care.
  3. You are/have an elderly parent that is disabled or has medical concerns.
  4. Your elderly parent was in an assisted living or a nursing home that was negligent with their care. 

Elder Care F.A.Q

  1. What is an estate plan? An estate plan designates how your assets will be distributed after death with tax benefits in mind, outlines how you would like to receive care as you grow older, and who can make decisions for you on your behalf. 
  2. What is probate? Probate is the legal process to distribute the estate of a person after they pass away. If the deceased person has no will and testament, the state law will determine how the assets are distributed.
  3. What is a trust? A trust minimizes taxes and maximizes benefits for the person entitled to it. Trusts are a great way to distribute wealth to specific individuals. 
  4. What is a last will and testament? A last will and testament is the legal document that outlines how your wealth will be distributed after death.
  5. What is an advance medical directive? Advance medical directives designate how you would like to receive medical care and treatments should you not be able to make the decision yourself. 
  6. What is the power of attorney? Power of attorney defines who has the authority to make your legal and financial decisions when you pass away or if you are no longer able to make them for yourself.
  7. What is negligence? Negligence is the failure to take proper care. In the case of elder law, negligence is usually when an assisted living or a nursing home employee has failed to take proper care of an elderly person.
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