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Marietta Elder Law and Estate Planning Lawyer

2414 Dallas Highway Suite 100

Marietta, GA 30094

As we age, many of us worry about burdening our loved ones. We will age, get sick, become more dependent with more medical needs and eventually we will pass. 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 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.

Advance Directives for Health Care

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.

Requirements for Advance Directives in Marietta

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:

  1. Appointment of an agent to carry out health care decisions in the event that you are no longer able to decide for your self
  2. Expressed wishes regarding when to withdraw or withhold life support and whether to accept or refuse supplemental hydration and nutrition
  3. Nomination of a guardian, if the court deems it necessary

There are many ways of establishing your medical choices to prepare for when you are incapacitated. Our well-practiced Elder Law attorneys can tailor a strategy that works for you. Assistance with health care directives is only part of what Elder Law attorney can offer; our firm can also help you prepare for the important financial matters that will arise as you grow older.

Financial Planning and Eligibility for Federal Programs

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. To qualify for benefits like Medicaid and Supplemental Security Income, you must meet specific financial requirements.

As Medicaid is need-based, 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.

Qualified Income Trusts

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, or if you want to start planning now since we will all need long term care, speak with the knowledgeable estate planning attorneys at our Marietta office.

Call Our Marietta Elder Law and Estate Planning Lawyers

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.

Hear From Our Clients
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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
Client Reviews

Truly care and have a passion for assisting their clients!

By: Beth J.

Title: Truly care and have a passion for assisting their clients!

Description: Our family started doing business with Nelson Elder Care Law in 2016. From day one, the level of service we have received is top notch. They invest their time to get to know you personally so the best plan can be put in place for the specific needs of your family. We have been working directly with Josh for a few months now; he has been very helpful to our family as we have had to navigate through some difficult situations. He is extremely knowledgeable in all areas and takes the time to answer all your questions. He has a unique way of communicating so that you walk away with a full understanding of what has been put into place and what the laws are. They truly care and have a passion for assisting their clients!

Rating: ★★★★★ 5 / 5 stars