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What is Elder Law?
Elder Law is an area of law concentrating on the legal needs of the elderly and special needs clients. A well-rounded Elder Law attorney will address a client’s general estate planning issues while also advising them on planning for incapacity and possible long-term care needs, including nursing home care. Additionally, they will have knowledge of Veteran’s Benefits, Medicaid (MO HealthNet), and other government benefit programs to assist with paying for long-term care and skilled nursing care.
Nursing Home Planning
Estate planning is necessary to properly honor your wishes after death. Wills and Trusts serve different purposes, but often the words are interchanged. Find out the difference and what is right for your situation:
Anyone can become incapacitated at any time. Consulting with a lawyer about the different types of powers of attorney and advanced planning will help protect you in that situation. To find out more:
An irrevocable trust can help protect your assets for the future. However, there can be pitfalls when placing assets into a trust which is not revocable. To find out if an irrevocable trust is right for you:
What is the purpose of a Supplemental Needs Trust? To balance the eligibility of a person receiving benefits from government programs while keeping other family resources protected. To find out more:
There is a lot to plan and prepare for when considering your future long term care needs, including being prepared for potentially entering a nursing home. It's a complicated process and each person's situation is different. To find out how you can prepare:
If you're considering Medicaid to assist with paying for the nursing home but are worried about having too many assets, then it's time to talk to a lawyer. A lawyer practicing in Elder Law can assist you before and during your Medicaid application process. To find out more:
A lawyer accredited through the Department of Veterans Affairs can discuss with you how pension programs developed for seniors may assist with your long term care needs. It is important to understand how your assets and potential future Medicaid needs fit into the big picture. Find out more:
Dealing with property ownership of a deceased family member can be tricky. It is essential to determine whether probate is required. Properly handling most ownership issues must occur within one year of a person's death. To find out how a lawyer can help you in this situation:
Every business owner knows that building a business takes dedication, commitment, hard work, sacrifice, sweat equity, and yes, a little luck. There is nothing quite like the sense of pride and accomplishment that comes from owning a successful business, whether it is a partnership or family-owned. To maintain the fruits of your labor, you should … Read more
Estate planning conversations shouldn’t focus solely on what will happen to your assets after death, but also on what may happen if you experience diminishing mental capacity during your lifetime as a result of an accident, disease, medication, or dementia. It can happen at any age. A General Durable Power of Attorney (POA) focuses primarily … Read more
Did you know that access to an electronic record is considered a digital asset? You should establish a way to keep track of important logins, passwords, access keys and personal identification numbers (PINs) to ensure your family and power of attorney can access important online and electronic records when the need arises. Make a list … Read more
The most important decision you make as a business owner, whether starting a new business, purchasing a business, or reviewing a current business entity, is choosing the legal structure that will protect your personal assets. Three options to consider: Doing Business As (DBA): This option is simply filing a fictitious name registration for your business … Read more
A New Year means it’s time to act on your resolutions. Getting organized is one of the top 10 New Year’s resolutions, according to a recent Reader’s Digest survey. Organizing your home and office are lofty goals and can lessen the chaos of your everyday life. However, consider how important it is to have your … Read more
These may be the four most important words for an entrepreneur or small-business owner who often operates on a “handshake” principle: Get it in writing. The challenge and excitement of starting a new business can lead to entering business agreements haphazardly or with complete trust of the other party, especially if it is with a … Read more
Wartime veterans or their surviving spouse with limited income may be eligible to receive the VA Aid and Attendance benefit to help pay for assistance they may need in everyday activities or with long-term elder care, home care aides, skilled nursing, or adult daycare. The VA announced new rules going into effect on October 18, … Read more
It makes sense for you to name a transfer-on-death (TOD) beneficiary for your vehicles. That way, your vehicle can be transferred to the beneficiary quickly and easily, without probate court approval. (Beware: the beneficiary inherits any outstanding debts on the vehicle, as well as the vehicle.) If you have a Trust, be sure to make … Read more
Wills and revocable trusts are beneficial planning documents used to pass assets on to beneficiaries after death. However, there are very distinct differences. To make the best decision for your family, you should know the three major distinctions between wills and revocable trusts. Privacy When a will is administered, it must go through the court … Read more
Purchasing a business is exciting, but the process can be tricky and confusing. There are a variety of variables you should consider before signing on the dotted line. Here are seven common pitfalls: Not forming a business entity. Don’t begin signing contracts, leases, or loan agreements in your own name without planning and implementing your … Read more