Elder & Special Needs Planning

Elder Law and Special Needs Planning That’s Beneficial, not Stressful

“Diane impressed me from our first meeting as a dedicated advocate for seniors. I felt confident that she understood the complexities of elder care issues. I recently recommended her to a client and was “wowed” by her tenacity and dedication. Do not be mislead by Diane’s small stature! She is a force…I will continue to recommend her with confidence.”
Tracy Chastain, CSA
Owner/Director at Visiting Angels of Roswell

Planning for the legal needs of elderly and/or special needs family members can be a worrisome, complicated and even painful undertaking. The attorneys at Morgan and DiSalvo help ease this process and ensure all parties involved are comfortable and that every issue and need is considered and effectively addressed.

Our staff includes experts in elder law and special needs planning, including an attorney who focuses solely in these matters and has extensive experience, not only in practice, but in advocacy, lecturing and publishing relating to elder law and special needs issues.

What’s Involved with Elder Law and Special Needs Planning?

Long-Term Care and Public Benefits Planning
Seniors encounter three pressing issues of aging: maximizing medical insurance benefits, identifying social and housing needs, and assessing financial ability to pay for their needs over the long term.

Seniors and their families often need help performing a realistic and objective initial assessment and successfully identifying and applying for long-term care benefits to which seniors may be entitled. These benefits include but are not limited to Veterans Benefits, Medicaid and Medicaid waiver programs.

Special Needs Trusts
Gone are the days when families disinherit their disabled children to allow these children to receive public benefits. Federal law actually allows disabled individuals and their families to create “special need trusts” to meet those individual’s needs without impacting the individuals’ eligibility for public benefits including Medicaid and Supplemental Security Income. These trusts can pay for a wide variety of expenses that the disabled individual may encounter, including education costs, medical treatments or devices not covered by Medicaid, accessibility improvements to a house, and even entertainment expenses.

Special needs trusts require careful planning and execution to ensure that they satisfy all of the state and federal requirements. Additionally, there are several different types of special needs trusts available to disabled individuals, from stand-alone trusts created specifically for that person to “pooled” trusts that manage several hundred special needs trusts. This area of law is highly specialized, and families need to consult with an attorney trained to identify the issues associated with drafting and executing special needs trusts.

Guardianships & Conservatorships
Sometimes, it becomes necessary to take control of an adult’s ability to make his or her own personal and financial decisions. The individual may be disabled due to an injury, illness or developmental disability and unable to understand simple financial tasks such as check-writing. Navigating the court processes that allow someone to act on behalf of family members or friends is time-consuming and complex. Securing legal advice and assistance is an important component of success in these efforts.

Advocacy can take many forms, not the least of which is protecting an elderly parent from financial abuse perpetrated by an adult child or other relative. On a broader scale, advocacy can include negotiating contracts with assisted living, long-term or other care facilities and protecting residents’ rights once they have moved to the facility.

We invite you to use the wealth of information provided on this website to educate yourself on elder law and special needs planning, as well as the other areas in which we practice. Check in often, as news, updates and insights are added frequently in our ongoing efforts to provide our clients and prospective clients with the tools they need to help plan their futures.

In addition, to ensure you receive periodic information and insights, please sign up for our newsletter, “The Passionate Estate Planner,” by sending a request to info@morgandisalvo.com.

Of course, we welcome the opportunity to speak with you, as well. Call us at 678-720-0750 or send us an email to arrange your elder and/or special needs planning consultation so we can sit down and discuss a customized plan that’s right for you and your loved ones.

Elder and Special Needs Planning

Elder and Special Needs Planning

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