Disability Planning and Elder Law

Elder law is a specialty of law that caters to the needs of older clients and those with disabilities. This is the only area of law defined by the clients we serve rather than the areas of law in which we practice. We like to deal “holistically” with our clients in talking about long-term planning for health care and financial viability; family dynamics, health care and long-term care decisions, personal values and personal preferences. Therefore, not only does this office counsel clients about planning for incapacity with alternative decision making documents, but we also assist our clients in planning for possible long-term care needs. Locating the appropriate type of care, coordinating private and public resources to finance the cost of care, and working to ensure our clients’ right to quality care are all part of our practice.

Guardianships and Conservatorships

Sometimes court intervention and the appointment of a legal guardian for a disabled individual becomes necessary. This can occur when a disabled child approaches adulthood or when it is not possible to plan ahead for an incapacitating illness. It is our goal to avoid costly litigation if possible and to bring families together for the benefit of their disabled member, but we also recognize that there may be times when a court action is necessary. For this reason we have focused a significant part of our practice on guardianships and conservatorships.

Guardianships and conservatorships both involve court appointment of a surrogate decision maker. A guardianship requires a medical finding of incapacity and therefore does not require consent of the incapacitated individual. A conservatorship may be appropriate where the individual is not incapacitated but needs assistance in managing his or her property. The vulnerable person must consent to the appointment.

Medicare, Medicaid and Other Public Benefits

We work hard to help you reduce the financial burden of the high cost of care by locating community agencies that offer assistance in a variety of areas and determining what government benefits may be available to your loved one and working with you to obtain those benefits – from application to qualification.

Medicare provides very limited coverage for skilled nursing facility care. Often services are denied initially by the facility or by Medicare but through vigorous advocacy we can often obtain up to the maximum 100 days of coverage.

Medicaid is the primary payor for long-term care, especially in a facility setting. There are strict income and resource limits for Medicaid coverage, as well as penalties for transferring wealth. However, there are ways that assets can be preserved for a community spouse, disabled child, or in other limited situations. We assist families with Medicaid planning, applications and appeals.