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Elder Law FAQs

Elder Law FAQs

  1. What is elder law? Elder law is a specialized area of law that focuses on the legal issues faced by seniors and their families, such as estate planning, long-term care planning, Medicaid and Medicare planning, guardianships, and more.
  2. What is long-term care planning? Long-term care planning involves creating a plan for how you will pay for long-term care if you need it, whether that be in a nursing home, assisted living facility, or at home. It may involve purchasing long-term care insurance or creating a Medicaid plan.
  3. What is Medicaid planning? Medicaid planning is the process of legally and ethically protecting your assets while still being eligible for Medicaid if you need long-term care. It typically involves setting up trusts, gifting assets, and creating a plan for spending down your assets.
  4. How can I ensure my wishes are followed if I become incapacitated? Creating a durable power of attorney and a healthcare power of attorney can help ensure that your wishes are followed if you become incapacitated. These documents allow someone you trust to make decisions on your behalf when you are unable to do so.
  5. What is a guardianship? A guardianship is a legal arrangement where a court appoints someone to make decisions on behalf of an individual who is unable to do so due to incapacity or disability.
  6. Can I protect my assets if I need long-term care? Yes, there are legal strategies available to protect your assets if you need long-term care, such as Medicaid planning and long-term care insurance.
  7. What is a living will? A living will is a legal document that outlines your wishes for end-of-life medical care, such as whether you want life-sustaining treatment if you are in a terminal condition.
  8. Can I name someone to make healthcare decisions on my behalf? Yes, you can name someone to make healthcare decisions on your behalf by creating an advance healthcare directive.
  9. What is a revocable living trust? A revocable living trust is a legal document that allows you to transfer ownership of your assets to a trust while still retaining control over them. It can help avoid probate and provide asset protection.
  10. What is a probate court? Probate court is a specialized court that handles the administration of estates, including the distribution of assets and payment of debts.
  11. Do I need a will? Yes, a will is an important part of any estate plan. It allows you to dictate how your assets will be distributed after your death and can help avoid disputes among family members.
  12. What is a guardianship? A guardianship is a legal arrangement where a court appoints a guardian to manage the personal and/or financial affairs of an incapacitated individual, who is known as a ward. 
  13. What is a conservatorship? A conservatorship is a legal arrangement where a court appoints a conservator to manage the financial affairs of an incapacitated individual, who is known as a protected person. 
  14. What is a Medicaid Asset Protection Trust? A Medicaid Asset Protection Trust is an irrevocable trust designed to protect your assets from the cost of long-term care while still allowing you to qualify for Medicaid benefits.
  15. What is a Special Needs Trust? A Special Needs Trust is a type of trust designed to provide for the needs of a person with disabilities without jeopardizing their eligibility for government benefits.
  16. Can I use a will to distribute assets to my special needs child? While a will can be used to distribute assets to your special needs child, it may not be the most effective tool. A Special Needs Trust is specifically designed to provide for your special needs child while protecting their eligibility for government benefits.

Contact Us Today

At GenWe Law, we are committed to helping you navigate the complexities of estate planning, business law, and elder law. Our experienced team is here to answer your questions and provide you the legal guidance you need to make informed decisions.

We offer a complimentary discovery session where we can discuss your specific legal needs. Our goal is to simplify the legal process and ensure it's not overwhelming for you. Contact us today and let's get started on finding the solutions you need!