Guardianships

A guardian is a court-appointed person who is responsible for the care of an incapacitated individual, referred to as a “ward.” Like the guardian of a minor child, a guardian of an adult individual is responsible for all aspects of the ward’s living, including food, shelter, clothing, and medical care.

Conservatorships

A conservator is a person appointed by the court to manage the financial affairs of a person whose assets are in need of protection for reasons such as mental or physical disability, or where there is a risk that his or her assets will be wasted or dissipated.

Medicaid Planning

Medicaid planning helps clients structure their financial resources and prepare documentation to ensure the greatest possibility of being accepted into the Medicaid program. The process includes the creation of trusts, asset transfers, and conversion of countable assets into exempt assets to ensure eligibility and preserve a family’s resources. Planning may also protect a family home from Medicaid recovery, and help ensure there is adequate income and resources safeguarded for the non-applicant spouse to continue living independently during and after the time when their partner is receiving care assistance.

​

Medicaid eligibility is very complex. The rules change frequently. They differ in each state, and they differ by program within each state. The consequences of being denied by Medicaid are severe and can negatively impact the comfort, happiness, and even the health of the individual applying and their entire family.

Social Security & Disability

Social Security and Social Security Disability considerations are an important part of an estate plan and considerations in elder law. 

Social Security doesn't just pay retirement benefits to retired workers; in some circumstances, it also provides benefits to a worker's spouse or ex-spouse and to a deceased worker's surviving spouse. In other instances, if you are unable to perform any substantial work because of a medical condition, and your medical condition has lasted, or is expected to last at least one year, or results in your death — then you may be entitled to disability benefits. Such benefits may extend to spouses and children. All of these considerations will affect most estate plans.

Veterans Benefits

While most VA pensions and benefits are only for veterans who were actually wounded or disabled while serving in the armed forces, it is estimated that millions of wartime veterans and their spouses may be eligible for special monthly pension benefits — solely because they are over 65 years of age and are homebound, in assisted or supportive living, or in a nursing home. Those veterans and/or their survivors only need to prove that their medical expenses exceed certain income and asset limitations. The maximum benefit available can provide significant help in paying for long-term care costs.

​

We can help you understand the options available to you as you struggle to provide dignified long-term care for a wartime veteran and/or their spouse.

Medical Directives & End of Life Planning

Although many things are covered in a conventional understanding of an estate plan, other considerations for end-of-life planning may not be so understood, these include: completing an advance directive or living will, appointing an individual with a durable power of attorney, having a document for distribution of assets, specifying preferences for type and place of care, funeral and burial instructions, the creation of a Pet Trust, instructions for digital assets, end of life housing arrangements, Do Not Resuscitate Orders, elections regarding life-sustaining treatment, and life insurance considerations. All of these aspects are essential to completing a comprehensive estate plan.

Elder Abuse & Neglect

Elder abuse is an intentional act or failure to act that causes or creates a risk of harm to an older adult. An older adult is someone age 60 or older. The abuse occurs at the hands of a caregiver or a person the elder trusts. Common types of elder abuse include:

Physical abuse is when an elder experiences illness, pain, injury, functional impairment, distress, or death as a result of the intentional use of physical force and includes acts such as hitting, kicking, pushing, slapping, and burning.

Sexual abuse involves forced or unwanted sexual interaction of any kind with an older adult. This may include unwanted sexual contact or penetration or non-contact acts such as sexual harassment.

Emotional or Psychological Abuse refers to verbal or nonverbal behaviors that inflict anguish, mental pain, fear, or distress on an older adult. Examples include humiliation or disrespect, verbal and non-verbal threats, harassment, and geographic or interpersonal isolation.

Neglect is the failure to meet an older adult’s basic needs. These needs include food, water, shelter, clothing, hygiene, and essential medical care.

Financial Abuse is the illegal, unauthorized, or improper use of an elder’s money, benefits, belongings, property, or assets for the benefit of someone other than the older adult.

Real Estate

Estate planning would not be complete without considering real estate implications including the disposition and sale of real property assets, and proper transfer thereof. Additionally, there often are mortgage, landlord/tenant, and title implications which must also be handled with any comprehensive estate plan.  

Tax Issues

Although Transitions Law Group is not a firm with tax attorneys and does not provide tax advice, we work with accountants and tax professionals to provide an estate plan that considers tax implications.