Elder law is unlike virtually every other field of law. It is focused not so much on any particular subject matter but on a particular type of client – the elderly. Our firm focuses on the legal needs of the elderly and works with a variety of legal tools and techniques to meet the goals and objectives of the older client.
For example, we can recommend the right estate and tax plan and counsel about planning for incapacity with alternative decision-making documents. In addition, we can assist in planning for possible long-term care needs, including locating the appropriate type of care, coordinating private and public resources to finance the cost of care, and working to ensure the client’s rights to quality care.
The laws and regulations that affect the elderly are growing in number and becoming more complex. Often a single action taken by an older adult may have an unintended negative legal impact. The National Academy of Elder Law Attorneys (www.naela.com) believes it is important for attorneys dealing with the elderly to have a broad understanding of the laws that have an impact on a given situation, to avoid future problems.
Our Winston-Salem elder law attorneys and professional staff offer you and your loved ones more than an expertise in the areas of elder law that fit our client’s special needs. Our dedication to elder law brings with it the knowledge that allows us to ignore the myths relating to aging and the competence of the elderly. At the same time, we can take into account and empathize with some of the true physical and mental difficulties that often accompany the aging process. Our understanding of the afflictions of the aged allows us to determine more easily the difference between physical versus the mental disability of a client. We are aware of the real life problems, health and otherwise, that tend to crop up as our clients age. In addition to our firm’s social worker, we can refer you to other elder care professionals who may be of assistance to you.
Our goal is to make our clients comfortable when dealing with us and help ease the way legal problems are resolved.
Medicaid Planning: Advice on qualifying for long-term care benefits, including preparation of Medicaid application forms and representation at Administrative or Court hearings.
Housing: Advice concerning admission, residents’ rights, transfer and discharge. Referrals to community resources and aging networks. Review nursing home contracts.
Living Wills and Medical Power of Attorney: Assure that your wishes for medical care will continue to be met in the future should you become incapacitated.
Wills, Trusts, and Durable Powers of Attorney: Designed especially to fit you, your spouse and children, with special attention to disabilities.
Estate Tax Plans: Tailored plans minimize your estate and inheritance taxes.
Real Estate Transfers: Important elements of Medicaid and tax planning.
Guardianship of Property and Person: We will explore options and alternatives for you to consider or administrate them when they are the best option.
Probate: We offer estate administration.
Special Needs and Disability Trusts for Disabled Adults and Children:
Social Security and Medicare Appeals:
Medicare and HMO Advocacy, Representation and Appeals:
Trust Administration: See Estate Planning
Disability has an instant effect on a person and family. It can bring long term problems with both legal and financial issues that must be addressed on an immediate basis. For some, the challenge is how to maintain control of resources and income when the future is uncertain. For others, the issues may be how to pay for long-term nursing care or how to maintain control of medical decisions through failing health.
In all cases, our clients and their families must know their legal rights as well as laws enacted federally and within the state of North Carolina. Our Attorneys are committed to representing you with the integrity, honesty, and confidentiality you expect.