Elder

Care Law

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.

Medicaid Planning

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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The information contained in this website is provided for advertisement and general informational purposes only and should not be construed as legal advice on any matter. The information on this website, in whole or in part, does not constitute or create an attorney-client relationship between our firm and any reader. You should not send us any confidential information in response to this webpage. The material of this website may not reflect the most current legal developments and is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all of the content of this site to the fullest extent permitted by law. Do not act or refrain from acting upon the information contained on this website without seeking professional legal counsel.