It’s a fact of life, our goals and priorities change as we grow older. At O’Connell Law we’ve found that those who are retired, or are heading into retirement, are at a pivotal period where special planning is needed. The common term used for this type of planning is elder law planning.
We prefer to call it life planning. But most people don’t realize they need life planning for the future. If you are retired or are getting ready to retire, or if you are the loved one of someone who is, read on. See if any of the following questions resonate with you:
- Are you or your loved one beginning to find that things that were once easy to do are no longer easy? Or are you or your loved one starting to experience health issues or a cognitive decline?
- Are you worried that something may happen in the future and want to protect your wealth and property?
- If your loved one is in a nursing home or heading for one, do you know what is needed to ensure their nursing home costs are covered?
- Is your loved one in crisis mode because of health or cognitive decline? Do you have the legal documents needed so that your loved one can be taken care of?
We thrive on helping our clients achieve their life goals, no matter how advanced in age you or your loved one may be. We take the time to talk with you and your family, analyze your or your loved one’s whole situation, and then guide and help you implement what you or your loved one needs to do to accomplish those planning goals–whether they be short-term planning or long-term planning goals.
Services Offered by Our Team Of Elder Law Attorneys and Elder Lawyers
We have found that one size does not fit all when it comes to helping our elder law clients achieve their short-term planning and long-term planning objectives. Because of this, we have several different services available depending on where along the life journey path you or your loved one is:
- Protection Plan: If you want to protect your wealth and property, we’ll help you determine if using an irrevocable trust is right for you. If an irrevocable trust is not the best option for you, we’ll help you find something else that would be more appropriate.
- Life Plan: If you or your loved one is experiencing a decline and know that help is needed now, we’ll help you create a plan that makes sense for the situation.
- Guardianship/Conservatorship: If your loved one doesn’t have capacity and never did proper estate planning, we can help get a guardian and/or conservator appointed so your loved one can be appropriately provided for.
- Medicaid Application: If your loved one needs to go on Medicaid because of being in a nursing home or heading for one, we can help you plan how to get approved for benefits. We can then help you get that Medicaid application done.
- Incapacity Documents: If your loved one has capacity and does not have legal documents which authorize someone to handle financial matters for them and make health decisions for them (e.g. a Durable Power of Attorney and Health Care Proxy), we can help your loved one get those essential legal documents in place.
What Makes Us Different From Other Elder Law Firms When It Comes To Medicaid And Long-term Care Planning?
Unlike some other elder law firms, our team of elder law attorneys does not automatically encourage our clients to protect their assets for their heirs by applying for Medicaid’s long-term care program. We believe each situation is unique and we welcome having an in-depth discussion about whether it is in a client’s best interest to participate in Medicaid’s long-term care program. Therefore, we take a holistic approach to long-term care planning and consider and ask our clients to consider if their or a loved one’s life quality and health would be optimized if they had access to long-term care available thru other avenues outside of Medicaid. This allows the senior in- question and their loved ones to give thought to where and how the best possible care would be received, and how limits and restrictions that apply to Medicaid’s long-term program might impact the senior. It encourages the senior and their family members to focus on both emotional/mental health and physical health by ensuring funds are available to provide for a lifestyle that supports both kinds of optimal health.
How Estate Planning and Elder Law Intersect
If you’re feeling confused about whether or not you should be meeting with one of our estate planning lawyers or elder lawyers, that’s because there is some overlap and intersection between the two practice areas, as we explain in our blog about how estate planning and elder law are intertwined. But, our team can help you understand the differences and nuances between the long-term planning services you’ll need.
Get Answers To Your Elder Law Questions
We know the following questions, and similar ones, about elder law are very common and we want to be your resource for answers:
- When should I hire an elder law attorney?
- What do elder law attorneys do?
- How much do elder law attorneys charge?
Of course, our team is always here to assist you, but you may find an answer to an immediate question you have related to elder law services in our Elder Law FAQs.
As elder law attorneys and elder care attorneys, we’re here for the life and healthcare journey you or a loved ones has ahead of you. If you’re interested in learning how we can help you on this journey, then the next step is to reach out and schedule a complimentary session with us. If you’re not ready to schedule but want to read up on how Medicaid works, you can download our free guide for more information.
