Approximately 85% of my practice is focused on this very unique and meaningful area of the law.  Since elder law is a sub-set of estate planning, I also represent clients in the drafting of wills, trusts, powers of attorney, and health care directives.  I have to consider the future for every client whether they are the elderly or a 65 year old. Once family members see how we handle their loved ones, they often retain us for their own planning.

My colleagues and I pride ourselves in returning phone calls and emails in an expeditious manner.  We recognize that lawyers have a reputation for ignoring phone calls and emails.  We are not a typical law firm and have a tested response system.  We also recognize that many questions can be intelligently answered by staff members.  In fact, many requests to speak to one of our attorneys are better handled by a staff member since he or she is actively involved in that aspect of your matter.  In the event your question requires an attorney’s attention, however, a meeting will always be scheduled for a mutually convenient time.

Elder law attorneys who focus their practices in this area are well versed in the legal disciplines that affect many elder law matters.  Based on education and experience, we know that even the simplest matter may involve knowledge of tax, trust, real estate law, Medicaid and the Veterans Administration.  Many well-meaning general practitioners miss some important aspects of the plan and inadvertently create new problems.

Yes. I will accommodate your loved one either in one of our three offices or, if necessary, in a residence or hospital.

I am very careful to hire attorneys and staff who understand that part of the practice of law is the client experience.  My colleagues and I distinguish ourselves by taking accountability in everything we do. We combine this with constant education and training in elder law to create a well- rounded, courteous, professional, and happy team.  From secretarial duties to legal or financial plans, we always do the best we can with that given task. Many of us have also gone though this journey with loved ones so we understand our clients challenges when dealing with a long term care crisis. Furthermore, we are firmly entrenched in the elder care community.  We consistently interact with local assisted living facilities, nursing homes, geriatric care managers, financial advisors, accountants, and other attorneys.  If we don’t have the answer, we will find someone who does.

Elder law is so much more than Medicaid planning.  We also help seniors establish estate plans to help them distribute assets upon death and potentially save their heirs estate tax.  We also help seniors qualify for Veterans Administration benefits in order to continue to private pay longer, rather than having to rely on Medicaid to pay for their care.  Another service is to counsel clients on appropriately spending their money in the face of a long term care need.

Depending on how you feel about “equitable inheritance”, one solution might be to execute a promissory note that is repaid by the child’s share upon your death.  There are other options as well, but all must be carefully evaluated in order to avoid creating unnecessary problems down the road.

If you wish to pre-plan for a potential long term care need in the future, we recommend transferring assets out of your name.  However, it is rare that we would recommend transferring a large asset (especially a home) to another person.  The potential problems include: the son’s possible creditor issues, divorce, predeceasing you, tax consequences.

The simple answer is a testamentary Supplemental (Special) Needs Trust (“SNT”).  This is a trust contained in your will which springs into being upon your death.  It allows a trustee to pay for certain items over and above what government benefits will cover.  This prevents an inheritance from jeopardizing benefits.  Another solution is a standalone SNT.  This is usually used for clients with greater wealth or those who have received a financial settlement from an accident.  It is funded during life.

We find that the best way to address this issue is to have him speak to one of our attorneys.  An objective third party is often better received than a close family member who may be seen as the irresponsible child that they once were.

Our veterans deserve to be treated with respect and to be rewarded for their time in service of our country.  The VA Aid & Attendance program awards veterans and their spouses up to $2100/month to help pay for their long term care needs.  We counsel clients on how to qualify for this valuable program which can make the difference between receiving high quality professional care and being cared for by an unskilled family member or friend.