Senior Citizen Planning
You may feel concerned about your assets and what you will be able to leave behind. We can help you to prepare for the future and not fear losing your assets. Medicaid planning is an amazing service that can save you thousands of dollars and help you qualify for Medicaid care, even if you or your spouse is already in a care facility. We can also advise you with estate planning and other documents that protect you.
Qualifying for Medicaid may seem impossible for some people, especially when you have a large estate. Over the course of only a few years, nursing homes or care facilities can cost anywhere from 150 to 300 thousand dollars. Through Medicaid planning, we can help you put your money into exemptions and protect it, and get you qualified for Medicaid. Even if you or your spouse is currently in a nursing facility, often we can help you. We can help you prepare and know what to expect, while providing you with legal protection for your assets and property.
Guardianships & Conservatorships
A Guardian is a person appointed by the Court to make medical and placement decisions for a loved one who is no longer capable of handling his or her own affairs. Once appointed, the Guardian directs medical care, makes placement decisions, and files an Annual Guardian’s Report with the Court.
A Conservator is a person appointed by the Court to manage the finances and assets of a loved one who is no longer able to administer his or her property. Once appointed, the Conservator is in charge of managing the income and assets, and is responsible for paying all expenses. Each year, the Conservator is required to file an Annual Accounting with the court.
Guardianship and Conservatorship proceedings may be necessary for either incapacitated adults or minor children. Additionally, it is not uncommon to petition the Court to appoint both a Guardian and Conservator in the same proceeding.
Before petitioning the Court to be appointed as Guardian or Conservator, it is important to determine if a less restrictive option is available. Examples of less restrictive options include the nomination of a Health Care Representative under an Advance Directive or an Agent under a Durable Power of Attorney.
Planning for Incapacity
Also referred to as life planning, creating a plan for possible incapacity is imperative for any person. two out of every five adults over age 65 have a disability or are incapacitated. Many people don’t make plans for incapacity, and as such, their family has to face that challenge alone. We can prepare documents for you (that must be signed before a person is incapacitated) that protect them in case it does happen. Some of these include:
Durable Power of Attorney
This document names a guardian and/or a personal representative for you in case you become incapacitated. You can limit these powers as you choose. This kind of power of attorney can last even until shortly after a person’s death.
Healthcare Power of Attorney
his is a power of attorney that specifically gives permission to a personal representative to make decisions on behalf of an individual regarding their healthcare. This includes things like DNR orders, selecting a longterm care facility, and more.
Advanced Healthcare Directive
This document prepares your desires for your own healthcare decisions if you become incapacitated, including: DNR (Do Not Resuscitate) orders, refusal of treatments, a statement of intent, provisions for pain medications, food, and water.
Final Disposition Instructions
This is a document that allows a person to designate another individual to carry out their funeral arrangements and determine what is to be done with their remains. This can also include a statement of intent from the person that expresses their wishes and desires for what should be done.
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Mr. Jimmenez listened to all I had to say and was able to win our case without having to go to court. I chose Payne and Jimmenez because I felt they really wanted to help me and that they cared about me. Very knowledgeable and caring people.
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