We serve as legal counsel to many families who are dealing with the disability of a loved one and the overwhelming costs of long-term care. Whether the individual is an elderly parent struggling to live independently, someone with a chronic condition, an accident victim who has received a settlement or a child with special needs, we can help provide solutions to meet his or her needs.
Our legal assistance often involves powers of attorney and patient advocate designations, or filing for guardianship or conservatorship to name decision makers for your loved one, thereby ensuring that his or her best interests are being met. It may also involve analysis of the financial situation, the available options for long-term care and the possible sources of funding for the care, from private assets to insurance, Veteran’s benefits, Medicare and Medicaid. We provide advice on spend-down strategies, asset transfer and asset sheltering strategies. The tools we use include Sole Benefit Trust, Divestment Trust, Testamentary Trust, Medicaid Payback trust, Third Party Special Needs Trust and Pooled Account Trust. We also are capable of preparing and filing Medicaid applications and asset declarations.
In addition to elder law and Medicaid planning, we have helped many clients plan for lawsuit settlements or insurance proceeds without disqualifying their loved one from public benefits. We are also skilled at helping families who wish to provide for a special-needs child in their estate without disturbing benefits.
We are able to advise trustees on their duties pertaining to various trusts and on how to make appropriate distributions that will not affect the beneficiary's eligibility for public benefits.