michael s. simone, esq.
Elder Law is an area of legal practice focusing on the special needs and problem areas of those generally over fifty years old. Our firm possesses a comprehensive knowledge in the area of Elder Law. The goal is to enable every person to continue to live with dignity and without undue dependency on their family or the welfare system.
Attorneys who work in the field of elder law bring more to their practice than just an expertise in this area of law. They also have knowledge of the senior population and their unique needs as well as the myths related to competence and aging. They are aware of the physical and mental difficulties that often accompany the aging process. Because of their broad knowledge base they are able to more thoroughly address the legal needs of their clients.
For example, when planning an estate, an elder law attorney would take into consideration the health of the person or couple, the potential need for nursing home care and the wishes and concerns of the person or couple if that need arises. An elder law attorney will work with other legal experts as needed for the benefit of the client.
Elder law covers all aspects of planning, counseling, education, and advocating for clients. Elder law attorneys are a resource to their clients because they understand their clients’ needs may extend beyond basic legal services and they stay informed about and connected to the local network of professionals who serve the elder population.
Elder law attorneys deal with legal issues involving the following:
Health and personal care planning, which include the following topics: powers of attorney and living wills; lifetime planning; family issues;
Fiduciary (financial) representation; financial planning; housing opportunities and financing; income, estate, and gift tax matters;
Planning for a well spouse when the other spouse requires long term care; Asset protection; public benefits such as Medicaid and insurance; Veterans’ benefits;
Capacity; guardianship and guardianship avoidance;
Resident rights in long term care facilities; nursing home claims;
Wills and estate planning;
Elder law encompasses all aspects of planning for aging, illness, and incapacity. The specialization requires a practitioner to be particularly sensitive to the legal issues impacting elder clients.
These goals can be achieved with proper asset protection, asset planning and health and personal care planning. To further these goals it is important to draft documents such as a will, living will, general durable powers of attorney and estate planning documents when appropriate. Also if applicable, we can give advice in applying for government assistance so that the spouse and children are left with adequate income and resources. Lastly, if required, our office can file guardianship proceedings when required.
The core values of our team distinguish our firm from all others. We know there are many choices in legal representation and we appreciate you considering our firm for your legal needs. Our firm has maintained great relationships with our clients with some lasting over twenty (20) years. Our satisfied clients demonstrate the dependable, trustworthy, honest and efficient representation that we provide in order to vigilantly protect and serve our clients’ legal needs.
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