Growing older inevitably comes with challenges, and many people worry about burdening their loved ones upon their incapacitation and eventual passing. With the proper planning, you can put your mind at ease knowing that you and your family will be taken care of.
Estate Planning is a way for you to create a comprehensive plan for your health care directives, financial obligations, living arrangements, and other issues that may arise when you are no longer able to make your own decisions. A Marietta Elder Law and Estate Planning lawyer can explain how to effectively address end-of-life matters and walk you through your available options. Between Wills, Trusts, and other estate planning tools, the skilled lawyers at Nelson Elder Care Law can help determine the best fit for you and your needs.
In Georgia, Advance Directives for Health Care allow you to dictate what medical treatment you want to receive and when to cease further medical interventions in the event that you cannot communicate your desires. Our experienced elder law attorneys can help you determine if this estate planning tool is right for your situation. If so, we can assist with drafting a document that accurately reflects your wishes.
The benefit of an Advance Directive is that it combines features of a Living Will and a Durable Power of Attorney (DPOA) into a single written document, making it easier to execute. A seasoned lawyer in your area can help tailor an Advance Directive that is legally enforceable and fits your goals for your future medical care.
To create any Advance Directive for Health Care, an individual must be of sound mind and at least 18 years old. Additionally, Advance Directives for Health Care in Georgia must contain the following elements:
There are many ways of establishing your medical choices to prepare for scenarios where you are incapacitated. Our well-practiced elder law attorneys can tailor a strategy that works for you. However, assistance with health care directives is only part of what an estate planning lawyer can offer; our firm can also help you prepare for the important financial matters that may arise as you grow older.
In planning for your future finances, a lawyer who practices both elder law and estate planning can assess your eligibility for age-related federal assistance. Certain programs, such as Medicare and most Social Security benefits, are needs-based. However, to qualify for benefits like Medicaid and Supplemental Security Income, you must meet specific financial requirements.
There are certain ethical and legal ways to engage in “pre-need planning,” a strategy to improve your chances of qualifying for means-based benefits. However, it is important to be proactive and start working with an attorney early on if you are considering this type of planning. For instance, gifting large amounts of money or selling your property could disqualify you from Medicaid eligibility if it occurs within five years of filing the application paperwork.
One of the ways our attorneys can help you avoid Georgia’s income cap for Medicaid eligibility is by creating a Qualified Income Trust (QIT). A QIT allows you to deposit income monthly into a designated account during the time that you need long-term care services, such as nursing home care. The amount you deposit will keep you below the income cap for Medicaid qualification.
If you are wondering whether you will be eligible for Medicaid or other federal programs for elders, speak with the knowledgeable estate planning attorneys at our Marietta office about protecting your finances and ensuring your medical care will be covered.
As you age, it is crucial to consider future healthcare decisions and the need for long-term assistance. Getting sick and growing old are inevitable parts of life, so it is better to be prepared when the time comes.
This area of law can be complex, but you do not have to navigate the planning process alone. A Marietta elder law and estate planning lawyer can devise a strategy to protect your family’s future and ensure that your wishes will come to fruition. Call Nelson Elder Care Law today to discuss your goals with a member of our team.
