Elder Law and Guardianship
Protecting assets for long-term health care needs is a fact of life for many families. Elder Law includes asset protection planning, preservation of assets, disability planning and planning to qualify for Medicaid for nursing home care. These areas are rapidly changing and require expert knowledge of exempt transfers and trusts. We have the knowledge to advise our clients regarding their options.
We recommend an independent geriatric care manager who works closely with clients to create the best care plan for the family member. This includes hospital discharge planning, developing a home care plan or aiding with placement in an appropriate facility. In the event of an emergency, we are ready to act quickly to help the family deal with the crisis, and help you avoid undue stress by having plans in place.
We are familiar with resources and services both publicly and privately available to meet your needs and are available to discuss any issues which may arise. We can guide you patiently through this difficult process and assist you with your individual situation.
In addition, we are thoroughly familiar with Guardianship law. Guardianship is a legal relationship between a competent adult (the "guardian") and a person who because of incapacity is no longer able to take care of his or her own affairs (the "ward"). A person can be incapacitated through age or disability and is unable to take care of their personal needs or property management. The guardian can be authorized to make legal, financial, and health care decisions for the ward, in some areas or in all areas depending on whether an incapacitated person can still make some responsible decisions or not. This relationship is called a “limited guardianship,” in which the guardian may exercise only those rights that have been removed from the ward and delegated to the guardian.
Because guardianship involves a profound loss of freedom and dignity, state laws require that guardianship be imposed only when less restrictive alternatives have been proven to be ineffective. We can guide you through these various options to help you make the best decision for your specific circumstances.
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