Elder Law

Elder Law is simply estate planning for those persons who are age 55-60 or above, or for those persons who are afflicted with a disability or other illness or condition. Put another way, generally Elder Law is estate planning for older adults who do not have taxable estates (i.e. do not have an estate exceeding one million dollars ($1,000,000.00), although occasionally there are exceptions to this rule of thumb, usually concerning individuals who have estates up to two million dollars ($2,000,000.00) but who are concerned about asset protection in the “Medicaid” context). Described yet another way, the Elder Law client is an older client whose chief concern is disability and long-term care planning, not estate tax avoidance. Our Elder Law clients generally do not have estate tax problems – they have long-term care problems and asset preservation problems, as well as incapacity management problems. In modern law practice, Elder Law also includes the following areas: Medical Assistance (Medicaid) planning, special needs planning, asset protection, nursing home selection and placement, fiduciary representation, guardianship, Veterans benefits, and Social Security issues (SSDI and SSI).

What is an Elder Law attorney?

Elder Law attorneys are not just lawyers, they are counselors. A good Elder Law attorney is empathetic to the needs of clients and the situations they face. This “practice with empathy” approach is what distinguishes Elville & Associates, as our focus is on following: the individual, problem solving and solutions, comprehensive counseling, use of the “planning team” concept, including the strategic use of geriatric care professionals, and more.

As individuals enjoy longer and longer lives, families are struggling with long-term care expenses, maintaining the dignity of loved ones in end-of-life care situations, protecting a financial legacies from the continually rising costs of living and medical care, the plight of the caregiver, and much more. The elder lawyers at Elville & Associates, P.C. understand that families need answers as well as empathy. In all matters relating to Elder Law, contact our skilled attorneys who can help protect your assets and address your very unique needs and concerns.

When should I visit an Elder Law lawyer?

Much like timing the stock market, it borders on impossible to know the “right” time to address your Elder Law planning needs. Any time you have questions about protecting assets and making resources last through retirement, disability, special needs, or critical care situations, it definitely makes sense to seek professional advice sooner than later. While there is a plethora of information available on the internet and from other well-intentioned sources, much of the information is conflicting, and many times simply wrong. No print or online resource can address specifically the demands of your particular situation. Further, unfortunately it has been our repeated experience that by the time many clients come to us for counseling, an incorrect or poorly conceived course of action has already been taken, resulting in undesirable consequences; or, a course of action that should have or could have been implemented years earlier was not, resulting in lost opportunity.

Can I plan in advance?

Absolutely! Gandhi said, “The future depends on what we do in the present.” The peace of mind you have worked hard to attain in your retirement years can be destroyed by the problems of caring for aging parents, a spouse afflicted with an unexpected illness, or by an accident. These problems can be both financial and physical (labor and time intensive). With advance planning advice from the attorneys at Elville & Associates, it is possible to protect your home and other assets and resources from the unexpected consequences of a medical crisis. Contact our office to schedule an appointment.

What makes the attorneys at Elville & Associates the best resource for my family?

Simply put, experience. As the costs of care continue to rise and as the baby boomer generation enters their retirement years, many attorneys are trying to catch up and learn how to assist their clients with Elder Law needs. At Elville & Associates, our attorney-counselors have devoted their careers to the specific fields of elder law, estate planning, and special needs planning. Furthermore, our high-touch, client-oriented, empathetic approach, in combination with our problem-solving model, is what separates Elville & Associates from the competition. In times like these, you shouldn’t settle for anything less.