We are devoted to legal issues commonly experienced by
"Elder Law" began just a couple decades ago being recognized as a new special area of law.
The practice of elder law is devoted to legal issues commonly experienced by senior citizens. Such issues include, but are not limited to, incapacity planning, death planning, and further protecting assets by qualification for certain long-term care benefits. Such long-term care benefits include Medicaid and VA for payment of in-home, assisted living, and nursing home costs.
TYPES OF ELDER LAW
How It Works
The first appointment can be scheduled quickly if the situation requires such. This is usually only a day or two. At the appointment, you will talk with an attorney who collects information and discusses your goals for a Missouri or Kansas Medicaid Lawyer. The attorney will provide options for your specific case and answer questions to help you make decisions.
After 2 to 3 weeks, you will again meet with the attorney to review and likely sign your estate planning documents.
In 2 to 3 weeks, you’ll have what is likely your last face-to-face appointment to receive the original and copies of your documents and begin retitling your possessions and beneficiaries, depending on whether you opted for a Will or a Trust.
Unless a major event occurs in your life, requiring changes for your documents, the attorney will contact you in approximately three (3) years for a brief review to ensure your current estate plan remains relevant to any changes that may have occurred.
Frequently Asked Questions
“Elder law” consists of several subparts: nursing home Medicaid qualification, long-term asset protection planning, guardianships, and general estate planning for seniors, to name a few. As a general rule of thumb, nursing home Medicaid qualification is usually less than the cost of two months of nursing home costs, so very quickly a profitable decision to make. The other costs vary depending on the facts and circumstances, but seldom more than Medicaid issues.
Neither a Will nor a Trust can be completed until the client answers two questions: 1) Who will be in charge; and, 2) Who gets what? This is who should be listed as the executor of the Will and/or the successor Trustee of the trust. An idea of who are to be the successors to the initial appointees are also important. This is especially true if a spouse will be listed as the first person who is in charge after the other spouse becomes incapacitated or dies.
It is usually helpful if the client brings any previous Wills, Trusts, durable powers of attorney, etc. done in relation to their estate planning. Also, if a client brings asset information, such as statements, it can be helpful. Typically, the balances are not as important as the titles and the beneficiary designations for the possessions.
The trust discussed in this section is commonly referred to as a Living Trust and it does not offer such protection. The Living Trust is used primarily to make it easier to manage a person’s possessions in case of incapacity and also to make it easier to wind-up the distribution and related matters after a person passes away. There are other types of trusts available that do protect possessions.