What is elder law?

Elder law is a very specialized practice area unique to the legal needs of those approaching their elder years, such as:

Elder Care Contracts

This area includes: advising on the best form of providing family assistance and in home care for clients and how to best compensate that family member or significant other for assistance. Drafting Home Care Contracts and advising on the tax benefits and costs of employing the family member or significant other. Preparation of and filing of all required income tax and employer forms related to employment of a family member or significant other under a Home Care Contract.

Long Term Care Contracts

As the potential need for in home assistance, assisted living needs or nursing home care approaches, there are several ways to meet your long term care needs. One such option is to purchase a long-term care contract. I can assist you with determining what options you should look for in the contract.

Medical Assistance Planning

Medical Assistance is a welfare benefit and you must be impoverished to receive the federal and state payments toward your nursing home care. As the potential need for nursing home care approaches, there are several ways to meet your long term care needs. One such popular option is to gift your assets to your children in such a manner to qualify for public assistance if the need for nursing care arises. Planning for the payment of nursing care must be done well in advance of the need for the care because the regulations are strict on gifting assets to qualify for medical assistance. There are spousal impoverishment provisions so that if only one spouse of the husband and wife couple needs nursing home care, the community spouse doesn’t have to be impoverished, too.

Powers of Attorney forms

One of the needs of many elderly clients, if they haven’t already done so, is to provide them with disability planning, i.e. powers of attorney for property and powers of attorney for health care, which empower a person to act on their behalf in the event they are incompetent.
Wills and other estate plan documents.

If you haven’t established an estate plan already, then you should do so now. Do not wait too long, because once you are no longer competent it is impossible to establish documents on your behalf and court proceedings will be required to empower an agent (i.e. a guardian) to handle your affairs.