The needs of the Elderly commonly include retirement planning, life insurance, medical costs, and estate planning. Attorneys who specialize in Elder Law usually have expertise in matters related to:
- Medicare, Social Security, Veterans Disability, and other government benefit programs
- Powers of Attorney, which provide a person with the ability to make medical or financial decisions on another person's behalf
- Health and personal care planning, including medical care directives, long-term care plans, and end of life decisions
- Retirement planning
- Insurance
- Wills & Trusts
- Financial planning
Elder law attorneys also handle affairs concerning elder abuse. This includes physical abuse and financial abuse. Financial abuse occurs when someone takes advantage of an elderly person’s physical or mental lack of capacity.
When to Hire an Elder Law Attorney
It is best to seek an elder law attorney’s services before illness or incapacity becomes an issue. At Leggett Law, we can assist you by drafting legal documents detailing exactly how certain situations should be handled if you are not able to make decisions for yourself. That means you can retain control of the care and treatment you receive regardless of your ability to assertyour wishes in the future.
GUARDIANSHIP
Sometimes it becomes necessary to take control of an adult’s ability to make his or her own personal and financial decisions. The individual may be disabled due to an injury, illness or developmental disability and unable to understand or accomplish simple financial tasks such as check-writing. Navigating the court processes that allow someone to act on behalf of family members or friends, called “Guardianship”, can be time-consuming, complex, and expensive. Securing legal advice and assistance is an important component of success in these efforts.
MEDICAID
Medicaid is a need-based program primarily designed to pay the medical care for people with limited income and assets. What is required to be eligible for Medicaid changes from program to program. At Leggett Law, we help determine which program may assist you and your family then guide you through the requirements of that program. In Georgia, there are four different types of Medicaid:
- Aged, Blind & Disabled
- Qualified Medicare Beneficiary
- Family Medicaid
- Waiver Programs
SPECIAL NEEDS PLANNING
As a country, we have decided that we will not allow our elderly and disabled to live on the streets. We recognize the value of their lives, and we decided to create programs, known as Public Benefits, to assist these classes of individuals and allow them to live with dignity.
MILLER TRUST
An irrevocable trust, established to hold all INCOME of the Grantor(s) when income is over the threshold to qualify for Medicaid/TennCare benefits, but such income is insufficient to pay for nursing home care.
ASSET PROTECTION TRUST
Designed to hold ASSETS of the Grantor, typically with the children of the Grantor as the beneficiaries/trustee(s), in order to exclude such assets in calculating eligibility for VA and/or Medicaid benefits. Transfers to this trust are subject to a “look-back” period. The Grantor(s) cannot retain nor receive any direct benefit from the assets held in this trust, EXCEPT the continued use of a primary residence. This trust has a separate tax ID number (EIN) and careful management and accounting is required to preserve the asset protection benefits of this trust.