Practice Areas

Elder Law and Disability Planning

Elder Law Associates, P.A. has expertise in the areas of elder law and disability planning. Clients are assisted in planning for the possibility of disability, incapacity, home healthcare, and/or nursing home placement. The firm assist its clients to avoid impoverishment from the escalating cost of nursing home care and to maintain their right to make healthcare decisions and avoid unnecessary medical treatment.

Some of our professional services include the following:

• Medicaid Planning: Elder Law Associates, P.A. advise clients on how to achieve public benefits, including Medicaid. The firm utilizes various creative legal techniques and instruments, which protect and distribute assets appropriately.

• Durable Powers of Attorney: This is a fully detailed document providing legal authority for the client's designee to act on the client's behalf when the client is unable physically and/or mentally to act on their own. The language in this Power of Attorney relates distinctly to the elderly or disabled client.

• Designations of Healthcare Surrogate: This document allows the client to choose a loved one to make vital healthcare decisions for them when they are unable to make them for themselves. It holds up in all healthcare arenas and is very detailed in nature.

• Living Wills: This legal document specifies the client's wishes with regard to all life sustaining devices. It is up to date with new and evolving laws.

• Long-Term Care Insurance: The firm advises and assists clients in planning for Long-Term Care Insurance, a vital asset preservation tool. Long-term Care Insurance can reduce the financial risk of long-term disability and provide financial security for your loved ones.

• Long-Term Living Arrangements: Our office advises our clients on the best long-term living arrangements for their particular situation and helps with facility placement. Our Geriatric Care Managers can identify the most appropriate placement and facilitate movement and admission therein.

• Geriatric Care Management: Elder Law Associates, P.A. provides geriatric care management services to help with the ongoing daily needs of our elderly and disabled clients.

Special Needs Trusts

As the average life span of our population continues to increase, and the elderly handicapped live longer than ever before, attorneys are challenged to properly protect them. The United States government provides financial assistance through Medicaid and Supplemental Security Income (SSI) to some extent, but it is rarely sufficient to meet all the needs of the recipient. The use of a Special Needs Trust is an excellent vehicle to provide the assets to care for and protect the elderly and handicapped in addition to and in conjunction with their government benefits.

Elder Law Associates, P.A. are expertly prepared to handle pre and post settlement needs, as well as all proper planning for their future with regard to disabled individuals.

The benefits of highly successful Special Needs Trusts are as follows:

• Continue eligibility for pubic benefits.

• Provide funds to pay for "extras," e.g. homes, automobiles, and prescription drugs.

• Protect a case settlement from being immediately depleted due to the high cost of care.

• Keep assets in the family bloodline.

Special Needs Trusts may be created with the proceeds from a judgment or settlement or by a loved one with concerns for a disabled beneficiary.