Elder Law
As you grow older, protecting you independence and dignity requires special planning. Issues such as guardianship, conservatorship, powers of attorney and death with dignity grow in importance. Your wishes can't be honored unless you have the right legal tools in place.
Sensible Solutions in elder law
When thinking about your unique circumstances, consider how the following can help you:
Long term care expenses are the greatest single threat to the financial well-being of many families. We have the knowledge to help you prevent a financial disaster. If you or a family member do need nursing home care and Medicaid payment assistance, we can provide counsel for the complesx application process. We have helped many families save thousands of dollars.
Conservatorship is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her property or has become susceptible to fraud or undue influence. Because establishing a conservatorship may remove considerable rights from an individual, it should only be considered after alternatives to conservatorship have proven ineffective or are unavailable.
Guardianship is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person or has become susceptible to fraud or undue influence. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable.
Living alternatives for the elderly, and the associated levels of care, cover a broad spectrum of options, ranging from living at home to skilled nursing care.
Remaining at home may be possible with some outside assistance from a home health care provider, which can be as limited as home delivered meals to 24 hour assistance. Like living at home, independent living may be either a townhome or apartment setting where property maintenance, transportation and some meals may be provided. You still have the freedom to come and go as you please, with the added benefit of a social network.
Assisted Living arrangements offer a higher level of care while still allowing a level of independence. Skilled nursing homes provide the highest level of care.
Making long term care arrangements can be one of life's most difficult decisions. As unique as every person is, each long term care arrangement has its own attributes which make it more suited to each individual's particular needs. With proper placement, you can have some peace of mind that you are doing "what's best" for you or your loved one.
If the individual cannot consent to the long term care placement, his or her agent under a power of attorney or health care power of attorney, if authorized under the power, may provide consent. If the individual resists admission, or if no such authority is granted under a power of attorney, a guardianship may be necessary for such placement.
Long term care expenses can quickly deplete resources. When an individual cannot pay for his or her care, the government, through the Medicaid program, will pay for such care if the individual meets certain eligibility requirements. These requirements include income and asset limitations. Relative to these limitations, strategies exist which may protect financial resources, especially for married couples.
The Medicaid application can be quite cumbersome. Understanding the application process and providing the required documentation with the initial application can prevent delays in the approval process. After years of experience in preparing Medicaid applications, we know the obstacles and can steer you through the approval process.