You’ve met many challenges throughout your life, and you’ve never been one to back away from a difficult task. But as you get older, you may find yourself wondering how to handle complex issues such as your will, your estate, and future medical needs.
Unfortunately, there is no simple answer, but you can take on this challenge with a little help. Our elder care lawyers in Marietta can offer solutions, draft documents, and explain some of the more complicated but important legal issues that come with getting older.
Our team at Nelson Elder Care Law has served over 7,000 families and helped them protect their loved ones. Contact us today to request a Legacy Planning Meeting to discuss your situation.
What Does an Elder Care Lawyer Do?
An elder care lawyer, sometimes called an elder law attorney, focuses on the legal needs and challenges facing older adults and their families. Our duty is to protect your legal rights, help manage and make decisions on finances, and assist with healthcare planning.
Working with an elder care lawyer can benefit people such as:
- Older people anticipating or planning for nursing home admissions
- Adult children who care for their aging parents
- Seniors and their families who are concerned about asset protection
- Executors or trustees who manage an older person’s estate or trust
Our elder care attorneys in Marietta focus on our clients’ overall well-being and handle each case with the compassion it deserves. We are not only your attorneys; we are your trusted source of advice and information during what could be a difficult time.
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Our Practice Areas in MariettaAmong the key concerns facing many older people and their families are asset protection and medical care. We focus on practice areas that seek solutions to many of these important issues. Contact us if you need help from a:
- Medicaid Lawyer in Marietta: For most older individuals who anticipate the possibility of a nursing home admission, finding a way to protect assets while remaining eligible for Medicaid is a major concern.
- Guardianship/Conservatorship Lawyer in Marietta: Serving as a guardian and/or conservator is a significant responsibility, but it’s extremely important for protecting a loved one who can’t legally make decisions for themselves.
- Estate Planning Lawyer in Marietta: Making smart choices and putting the right legal documents in place can ensure your wishes are honored and protect your assets for the future.
- Probate Administration Lawyer in Marietta: In Georgia, you may need to go through the complicated probate process, even if your loved one had a will.
If you are facing these challenges or any others related to elder care, contact us today to discuss your situation.
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Medicaid Planning
Medicaid is a health insurance program run jointly by the state of Georgia and the federal government, with strict eligibility requirements for income and assets. Many seniors encounter Medicaid when they move into a nursing facility, but it is smart to plan well ahead.
Nursing facilities are expensive, and most people can’t afford the full cost of care each month. After spending down most of your assets, you can apply for Medicaid. At this point, Medicaid requires an accounting of your assets, with a five-year lookback window.
After the Medicaid recipient passes away, the state may pursue repayment through its Estate Recovery Program, which can include placing a claim on a cherished family home. Our attorneys can help you take steps to protect your assets while remaining eligible for Medicaid benefits.
Guardianships and Conservatorships
When an older adult develops a condition that impairs memory and decision-making, and a doctor determines they are legally incompetent, they can no longer make legal decisions on their own.
This includes signing documents related to healthcare and finances or establishing a power of attorney. If a power of attorney document wasn’t created before the person became incapacitated, family members may be legally blocked from making critical decisions.
Our Marietta elder care lawyers can assist you in petitioning the court for a guardianship or conservatorship. A guardian is appointed to make healthcare and personal decisions, while a conservator is appointed to handle your loved one’s financial matters.
Estate Planning
Estate planning encompasses a wide range of legal tasks. You should begin the process as early as possible, often around retirement age. This can avoid emergencies and surprises later on. Some of the legal tools involved in estate planning include:
- Medical and financial powers of attorney, which name agents who can act on your behalf for medical and financial matters when you are unable.
- Medical advance directives outline your wishes for life-sustaining treatments in cases when you are not able to speak for yourself.
- Wills, to make sure your wishes regarding your estate are fulfilled after you pass away.
- Medicaid Asset Protection Trusts can safeguard some of your assets while remaining eligible for benefits.
Probate Administration
Probate administration in Georgia is the legal process of managing and distributing a person’s estate after they pass away. It involves:
- Validating the will (if one exists)
- Appointing an executor
- Locating and valuing assets
- Paying debts and taxes
- Distributing the remaining property to heirs or beneficiaries.
Probate is usually a requirement under Georgia law, even when a will exists. Our elder care attorneys can help you through the process and advise you each step of the way.
Contact an Elder Care Attorney in Marietta
If you or a loved one is currently facing the financial and medical challenges of aging, putting the right legal framework in place is essential. Legal tools such as powers of attorney, wills, and trusts can protect assets and prevent confusion.
Our elder care attorneys in Marietta are your advocates and your source of legal information. We can help you make sense of many of the confusing laws and regulations and make choices that benefit you and your family.
At Nelson Elder Care Law, we have been helping older individuals and their families handle the complex problems that come with aging since 2014. Contact us today and schedule a Legacy Planning Meeting.