Areas of Practice

Incapacity and Disability Planning

Long Term Care Planning

At some point, most adults will likely need temporary or permanent help in meeting the requirements of daily life. This could be from illness, injury or simply the effects of aging. Long term care may be provided at home, at an adult day services location or in a nursing home or hospice facility.

Long term care expenses can decimate an estate. The goal of Long Term Care Planning is for you and your estate to be prepared.

Planning tools include long term care insurance, Medicaid planning, revocable living trusts, powers of attorney, guardianships and health care directives. Much of this work falls under the category of Elder Law, an area of legal practice dealing with issues impacting older Americans.

Health Care Directives

Health Care Directives are a critical part of estate planning which serve two functions. First, they identify the individuals entrusted to make medical decisions for you when you lack decision-making capacity. Health Care Directives also set forth your specific health care wishes including end-of-life care decisions. Finally, Health Care Directives includes a HIPAA Authorization which allows your doctor to discuss your medical condition and medical records with your loved ones.

Health Care Directives include a Health Care Power of Attorney, a Living Will and HIPAA Authorization.

Incapacity and Disability Planning

Advancements in healthcare have dramatically increased American life spans. They have also dramatically increased the threat that personal incapacity or disability will deplete your estate. Proper planning for managing personal and financial matters during a period of incapacity is an essential part of estate planning.

Guardianships and Conservatorships

Legal proceedings that can result from improper incapacity or disability planning; a judge along with an attorney will be required to help to manage your affairs. Guardianships and conservatorships can add cost and delay to conducting your affairs.

Durable Powers of Attorney

A Durable Power of Attorney authorizes another person to sign his or her name on your behalf so that your financial affairs can be managed in the event you become incapacitated or disabled.

Revocable Living Trusts

A Revocable Living Trust is a Will substitute which provides asset protection. Instead of using a Will to distribute your property to loved ones, you transfer your property to the Revocable Living Trust. You and/or your spouse are the trustee of the Revocable Living Trust. The trustee has full power to manage and protect assets held in trust in the same way as if the assets were still in your name. While you are alive and able, you serve as the trustee.

If incapacity strikes, your successor trustee steps into your shoes and continues the management and protection of trust assets according to your guidelines. Your successor trustee’s powers are limited to assets owned by the trust. After death, your successor trustee will distribute the property according to the terms of the trust which operates much the same way that a Will operates. However, while a Will has to go through the public probate process, the property in your trust is distributed privately without court involvement which is more costly and time consuming.