Unique Aspects of Elder Law in Georgia

Specific state laws will always play a major role in your Estate Planning choices. In general, these laws are fairly uniform around the country. However, the unique aspects of Elder Law in Georgia will have a direct impact on your future and that of your heirs.

Reaching out to our seasoned attorneys at Nelson Elder Care Law can help you better understand these essential concepts. We can assist with the creation of an Estate Plan that both accurately reflects your desires and conforms with all relevant laws. In addition, having a knowledge of the unique laws that govern your ability to make choices about your future can serve as a way to maintain autonomy over medical decisions and property rights.

Preparing for Decisions in the Event of Incapacitation

While most people think of Elder Law as dealing with the movement of property after a person’s death, the fact is that it is just as important to maintaining control over your property and life prior to passing away. Some ways to achieve this are to create Advanced Directives for Medical Care, Powers of Attorney, or Guardianship.

Elder Law in Georgia is unique concerning Advanced Directives for Medical Care in that it provides a template that you may use to provide instructions to medical providers. Under state law, providers must follow these desires as long as they fit within the ethics of the medical profession.

Powers of Attorney function as a way for you to empower another to act on your behalf if you are unable to due to injury or illness. This may take the form of a General Power of Attorney that grants broad powers for an unlimited length of time, or specific documents that limit the authority of the holder to a certain task or limited timeframe. State law also provides a template that you may use to give these wishes the proper legal impact, present in Official Code of Georgia Annotated § 10-6B-70.

Another possible option includes Guardianship. If you or no longer able to make decisions to care for your own well-being, a loved one may ask a court to institute a Guardianship order. This allows your Guardian to make decisions about housing, property, and legal rights on your behalf.

Understanding Medicaid and Shielding Assets from Liquidation

Not every aspect of Elder Law applies at the state level. Federal laws can also impact your retirement and senior years. One prime example is the Medicaid program and how it interacts with nursing homes.

People needing to move into a nursing home may find that they are unable to pay for this vital care. Medicaid can help by paying for some or all the monthly nursing bills. However, Medicaid is a needs-based program, and people with any level of asset will not qualify. It is understandable to want this help but also to protect valuable assets like a family home. Our Georgia Elder Law attorneys can explain how legal documents such as Trusts can keep an asset in the family while helping you qualify for government benefits.

Call Our Georgia Attorneys to Discuss the Unique Aspects of Elder Law

While Trust and Estate law focuses on handling your property after your eventual passing, the unique aspects of Elder Law in Georgia help protect your rights and property during your life. Our team at Nelson Elder Care Law can assist you with both. Call today to book a consultation with our team to learn more about how we could help you.

Hear From Our Clients

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce

Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

- Marcia

I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

- Ben