- Divorce
- GuardianshipHow are Elder Law documents different? Traditionally a power of attorney is used in the estate planning process to make sure that someone has the ability to make changes to your finances including paying your bills when you are no longer able to do so. It is a critical document that everyone over the age of 18 should have to avoid the need for a guardianship or a conservatorship action. For Elder Lawyers the power of attorney takes on an even greater role. Elder Lawyers use numerous techniques such as half a loaf gifting, promissory notes, caregiver agreements, transferring property to different names or entities. In many cases the client’s health has declined to the point that they are no longer able to carry out business and financial transaction on their own. That means in order to protect their assets the Agent under the power of attorney will need to carry out the plan. Whether or not the Agent will have the power to protect their loved one is the key. The Agent can only undertake strategies and transactions for which they have a specific grant of authority under the power of attorney. If the power of attorney does not allow them to undertake a half a loaf strategy, then the assets cannot be protected. Accordingly, the power of attorney used by an Elder Lawyer is considerably longer than the traditional power of attorney for estate planning. That is because the elder law power of attorney enumerates countless methods that can be undertaken by the agent to protect their loved one. The proper power of attorney is the lynch pin that allows an Elder Law attorney to help families. Without it, if the client no longer has the capacity to sign legal documents, the only option would be to seek a guardianship or conservatorship and then attempt to gain court approval employing an asset protection plan. While not impossible, it adds additional complexity, time and cost to the process than can be avoided by simply making sure the power of attorney provides all the powers needed.
- Medicaid PlanningNon-crisis Medicaid planning is for people who are currently healthy but want to ensure that if they do become incapacitated, they will be prepared and able to protect their life savings. We have designed numerous plans that allow individuals and families to protect their assets and adequately manage their personal and financial affairs in the event of incapacity. It is extremely important that a firm that focuses on elder law prepares your plan. Having a well-drafted plan in place not only ensures you will be well cared for if you become incapacitated, it can help you enjoy greater peace of mind.
- Estate PlanningThere is an enormous difference between the practice of Elder Law and the practice of Estate Planning. They both have their purpose and serve families well when used at the correct time.
- Wills
- TrustsThe loss of a loved one is both painful and traumatic. It is made even more difficult by the need to deal with a host of critical financial and legal matters while grieving. At Jones Elder Law, we have the experience and compassion necessary to make the complex processes of probate and trust administration as stress-free as possible. We will guide your loved ones through the confusing legal maze with great sensitivity, and work closely with executors, personal representatives, trustees and other advisors to ensure your wishes are carried out.
- Power of AttorneyAs a legal adult, privacy laws can prevent parents from making medical and financial decisions on their child’s behalf. For that reason, parents of graduating seniors are urged to help their child prepare HIPAA forms, a Power of Attorney, and an Advance Health Care Directive
- Bankruptcy
- Tax LawIf you are over the age of 18 and do not have your legal affairs in order, do yourself and your family a favor and contact us now to schedule a Vision Meeting. At a minimum, you should be aware of the risks you are accepting by not having proper planning in place