Elder Law

Under the umbrella of what is termed "elder law" falls a variety of legal services for seniors. Often tied in with estate planning, elder law includes reviewing assets and income to determine if steps can be taken to protect assets and prepare in case a senior may need skilled nursing care in a skilled nursing facility.

When a senior needs skilled nursing care but a spouse will be staying at home, there is more complex planning to provide asset and income protection for the "community spouse."

If a senior's income exceeds the income cap for skilled nursing benefits but is not enough to cover the monthly cost of nursing care, then either the senior or their agent under a durable power of attorney can establish a Medicaid Income Only Trust.

If a senior's assets exceed the asset cap and there is a family member serving as a caregiver or care manager, then a personal services contract is often an effective asset protection tool.

And finally, elder law includes the expanding area of law to prosecute and recover assets from individuals who have taken advantage of a vulnerable adult. Working together with law enforcement and adult protective services, the elder law attorney can advise regarding potential litigation to recover assets or for guardianship or estate planning to further protect the senior.

Elder law planning can be sought by an agent or attorney in fact under a durable power of attorney for the benefit of the senior.

Please contact Attorney Richardson to learn more about asset protection and elder law.