The Elder & Estate Planning Law Firm is committed to helping the elderly, the disabled and their families resolve their unique legal problems and concerns. The Elder & Estate Planning Law Firm can assist you with a variety of issues, including the following:
Understanding your options is just the first step in the process of resolving these issues. When you need that understanding, find the people with experience, knowledge and an ethic of care - the attorneys and staff of The Elder & Estate Planning Law Firm.
Our firm is dedicated to helping or clients get the nursing home help he or she needs while preserving your families assets.
Powers of Attorney
Consideration must be given to the possibility that someone may have to act for in the event that you or someone in your family is disabled by illness or injury. A durable of power allows you to make certain decisions because of mental of physical incapacity. A "durable" power of attorney continues indefinitely until revoked. We recommend that all adults have both a financial power of attorney and a medical power of attorney. Serious consideration should be given to having a living as well, which provides that no life sustaining procedures will be utilized if a person's condition is terminal, irreversible and incurable. A medical decision maker can be given guidelines for making those decisions -- whether to refuse life support to use all efforts to sustain life. a discussion with an attorney of the possible circumstances and applications of powers of attorney is helpful in determining what legal documents are appropriate.
Planning in advance for your family can help them avoid unnecessary problems that complicate and delay their ability to receive benefits and protections they deserve. Professional estate planning allows you to ensure that the property you designate will go to the people you designate after your death. Legal advice for estate planning may avoid expenses that deplete the value of the estate you pass on to your heirs. There are several ways to accomplish your objectives based on your unique circumstances. Wills, a variety of trusts, different forms of property ownership, and insurance are just a few of the many tools available.
Our firm has years of experience in reducing and/or eliminating any estate tax exposure you might potentially incur. For estates over $1 million, an analysis of the potential estate tax levied against your estate must be conducted. This is true even given the potential elimination of the estate tax in 2010. Much uncertainty still exists in this area.
Guardianships and Conservatorships
In some cases, a family member may become legally incapable of making his or her own personal and financial decisions because of mental illness, physical incapacity, or some other disability. Without powers of attorney, a court proceeding may be required in order to appoint someone to make necessary decisions for such an individual, designated an incapacitated or protected person. The guardian makes personal and health care decisions for the incapacitated person, while the conservator makes financial and property decisions for the protected person. A guardianship and conservatorship may be either limited or unlimited, depending on the circumstances and the degree of impairment of the person, Being a guardian and/or conservator is a position of responsibility and anyone taking on that duty must be aware of his or her role and accountability to the court. Our firm can help you in these situations. We can act very quickly to get your case into court in an emergency situation. We are also experienced in handling highly contested matters, as in cases where families cannot agree on whom should serve.