Elder Law
The term “Elder Law” has a myriad of possible definitions. I
view the practice of Elder Law as taking a holistic
approach to address all of an elderly client’s legal concerns.
These concerns include:
- providing a client with estate planning documents that
are specifically designed to deal with the legal issues that
are unique to seniors,
- explaining the complex eligibility rules for government
benefits in a way that the client can understand,
- discussing the various options the client has in
planning for long-term care, and
- planning for the possibility of incapacity in
the future due to illness or injury so that trusted family
members can manage your affairs for you.
If any or all of these elder law issues are a concern, then I
can sit down with you and your family members, either in my
office or in the comfort of your own home, to discuss your
options, the pro’s and con’s of each option, and recommend a
course of action.
A Family Process
I understand that the majority of my elderly
clients rely heavily on close family members, and so the elder
law planning process is usually a process that the family must
go through together. I believe that, in most cases,
an effective approach to elder law issues should include the
involvement of key family members and I welcome their input
and participation.
New Medicaid LawsThe Medicaid planning landscape has changed dramatically
since February of 2006 when new Medicaid eligibility laws were
created. As a result, many misunderstandings about the
availability of planning options have developed among the
general senior population.
Although it is true that there are
fewer planning opportunities than there once were, it would be
unwise to assume that transferring any assets within the next
five years is no longer possible. This currently seems to be
the most common misconception. Contact me if you and your
family members would like to hear an explanation of the new
Medicaid laws and learn what your current options are for
protecting your assets and leaving a legacy for the family’s
next generation.
Should we Transfer the House?
Transfer of real estate is the most common question that families have
when there is a possibility that an elderly family member may
need nursing home care in the foreseeable future. A home is
usually the elder’s biggest asset and there may be a great
deal of emotional value to the house. There is often a deep fear
among family members that the house will be lost to the
nursing home.
This is not a transfer that should be taken lightly. There are
several important issues that must be considered, including
tax-related ramifications, Medicaid eligibility, whether or
not a “life use” interest should be retained and
landlord-tenant law issues. I can meet with the family and
facilitate a comprehensive discussion about all the benefits
and risks of changing ownership of a house in order to protect
it from a Medicaid spend-down. If the conclusion is that
ownership of the house should be transferred, I can assist the
family with the actual transfer by preparing the deed and
recording it on the town land records.
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