“The insurance company is suggesting we need a Medicare Set Aside trust. Can you do this? What should it look like?”

 

 

If you are a family law attorney, you’re well acquainted with the intricacies of a number of areas when it comes to the dissolution of a marriage – division of marital property, child custody and support, and alimony. However, when that divorce involves a child with special needs, or a spouse with severe disabilities, the picture becomes considerably more complicated. Should you engage the services of a special needs planning attorney? Here .

 

"I am a personal injury attorney representing a client who was injured in an accident and I want your help with drafting a SNT (Special Needs Trust).

Can you help?”

If you're an attorney who's helping a client obtain a personal injury settlement, you can come to our office and we can help you with drafting a special needs trust. That is something that we do routinely.  And there are different kinds of special needs trusts.

There are .

After years of planning by the disability community and with strong bipartisan support, the Achieving a Better Life Experience (ABLE) Act was signed into law on December 19, 2014. This federal statute added a tool to the planning options available to persons with  disabilities,  and is codified at 26 U.S.C. §529A. Before ABLE accounts may be created, a state must pass legislation establishing a Qualified ABLE Program to administer the  .

 

“My mom went into a nursing home and lost everything. I want to put my house in an irrevocable trust. Can you help? Is that advisable?”

 

Many clients come to our office saying that they want to create an irrevocable trust now and they want to put their house in this irrevocable trust now and perhaps other accounts. When you create an irrevocable trust and then you put something into it, you retitle your house into that trust or a bank .

In 1900, average life expectancy in the U.S. was about 47. Today, it’s nearly 80. As we are getting older, the chances of needing long-term or nursing home care has increased dramatically. In fact, one estimate projects that 70% of people turning 65 will need long-term care at some point. If that is you or a loved one, you may be wondering how to pay for nursing home care should it become necessary.

 

If you are the parent or guardian of a child with special needs, you’ve already experienced the various challenges of navigating the complex world of government benefits programs and federal and state regulations for persons with disabilities. 

 

 

Is it too late to plan for Medicaid if my spouse already is in a nursing home?

Many individuals fully intend to take care of their spouse until the end of life, but ultimately must make a very difficult decision to place a spouse in a long-term nursing facility when the caregiving needs become overwhelming or there is a change circumstances. Frequently, the “at-home” or “community” spouse comes to our office believing it is too late to .

Question:

What is the difference between a “living will” and a “durable power of attorney for health care?”  Do I need both and, if so, which is more important?

Answer:

It is important to know about “advance directives” and how they work. Advance directives are specific instructions about the type of future medical care you want, or do not want, if you become unable to make decisions for yourself.  These are documents you prepare and sign in .

February 02

 

What is elder law and how do I find an elder law attorney?

Elder law is a focused practice for lawyers who choose to handle issues commonly faced by elderly and disabled individuals. Attorneys may advertise that they specialize in elder law if they have met specified qualifying criteria, which usually includes a written examination and evidence of extensive experience in the area.

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Attorneys
Ann N. Butenhof, CELA
Judith L. Bomster, Esquire
Judith K. Jones, Esquire
Juli D. Hincks, Esquire

Paralegals
Sonia Gianitsis
Renee Lubinski, EA

Administrative Staff
› Denise M. Aiken – Executive Assistant/Office Manager
› Caitlin M. Nelson – Receptionist
› Accounting Manager
› Clerk