Elder Law Services For Your Peace Of Mind
There are certain aspects of estate planning that become more important as we get older. At Ruberg Law PLLC, in Crestview Hills, we help seniors and adult caretakers with a wide variety of legal matters. Here are elder law arrangements that need timely completion.
Preparing In Time For The Future
If health issues of either you or your spouse are increasing, it may be a good idea to look at your will, trust or other estate documents that may need updating. Perhaps you wish to update your power of attorney and health care directive. You may want to add a trust so your estate does not have to go through probate. If you or your spouse may be entering a nursing home, you need to plan financially.
Planning For Medicaid
Medicare does not cover nursing home expenses. Medicaid will pay for nursing home expenses, but it is a needs-based program. You will have to spend down your assets to a very low level before you will become eligible. You can protect some of your assets through transfers and the creation of a special needs trust. However, the process needs to happen at least five years before you need Medicaid to be valid.
Making Your Wishes Known
Communicating your end-of-life care wishes through a health care directive and living will means that your family members will not have to make difficult decisions for you if you are in a terminal condition and unable to communicate. This makes things easier for your loved ones since they will know what care you want and do not want.
Establishing Conservatorship And Guardianship
Legal documents called durable powers of attorney allow you to designate an agent to make financial and personal care decisions for you if you are incapacitated. However, a person may only make these designations if they have legal capacity. Once a person is incapacitated, it is too late.
If your loved one did not complete a durable power of attorney or a health care power of attorney, and they become incapacitated, you will need to be appointed your family member’s guardian (for personal care decisions) and/or conservator (for financial decisions), Our lawyers will guide you through the legal process and advise you concerning your responsibilities.