Elder & Special Needs Law

The need for legal guidance and answers to critical issues of the expanding older population has grown increasingly important. Preservation of family assets hinges on implementation of proper planning. Individuals with special needs and their families face tough challenges finding legal solutions when securing financial resources to provide for that person’s lifetime care and support. A care management system is needed. We help clients develop and implement solutions to these problems and provide clients with security and peace of mind. Those are objectives of all estate plans. Our lawyers advise clients in connection with planning for aging, illness, incapacity, disability, and the costs of long-term care.

Types of Services

Advise clients and prepare living wills (Advance medical directives/powers of attorney for health care), health care proxies, general durable powers of attorney, and revocable and irrevocable trusts.

Advise clients regarding asset protection and government benefits (Medicaid, Medicare, Veterans benefits, Social Security Disability Insurance (SSDI), and Supplemental Security Income (SSI)).

We often implement action plans involving lifetime gifts and irrevocable trusts. Family business entities are analyzed from an asset protection perspective.

Counsel clients with regard to use of special needs or supplemental benefits trusts (current and in Wills) for minors or adult children with disabilities. Family asset protection becomes critical when faced with lifetime care and support of a person with disabilities.

Representation in uncontested/contested guardianship and conservatorship proceedings in court. The need for these proceedings sometimes arise and we help clients through all aspects of these sensitive matters.

Principal Areas of Concentration

• Special Needs Trusts
• Supplemental Needs trusts
• Medicaid Trusts
• Guardianships
• Conservatorships
• Planning for incapacity (asset protection and government benefits)

Representative Matters

Represent seniors and their families in planning for incapacity.

Planning for individuals with special needs (and their families).

Representation in personal injury and divorce matters (structuring settlements and awards for clients who have special needs; establishment of special needs trusts).

Represent corporate and individual trustees in special needs trust administration.

Represent individuals and corporate entities in guardianship or conservatorship matters.

Represent guardians and conservators.