As people age, their concerns and the concerns of their family members may turn to long-term care planning. Johnson, Johnson, & Nolan‘s elder law services are designed to help you and your family members prepare for the eventuality of nursing home care, protect your assets from the rising cost of this care and protect your rights should problems arise while in care.
Do you have an elder law question that requires attention from a lawyer? Call Johnson, Johnson, & Nolan, Attorneys at Law at 618-207-4137 to schedule your free initial consultation. You may also e-mail us and we will be in touch with you promptly.
Experienced Medicaid Planning Services
At Johnson, Johnson, & Nolan, we understand planning for a loved one’s nursing home stay can be an emotional and stressful time. We have helped many families just like yours through the decision making process. We frequently work with elderly parents, adult children and entire families to ensure sound decisions are made. With guidance from our attorneys, your loved one’s assets can be protected from the rising cost of nursing home care and he or she can become eligible for Medicaid.
In partnership with our wills, trusts and estate planning services, we can identify the most advisable methods for offering asset protection. Options can include Medicaid spend downs, establishing trusts and gifting. We find the best possible legal steps that can be taken to protect most – if not all – of your assets from the costs of long-term care.
Establishing and Contesting Guardianship
Guardianships are frequently established when a person is incapacitated due to medical condition that affects their ability to communicate or to make decisions regarding finances and personal well being. A guardianship allows a family member or trusted friend to make important decisions when a person can no longer make decisions for themselves. The courts do not grant guardianships lightly; you will need to make a strong case for why guardianship is necessary. When family knows in advance that a person’s mental capacity will diminish over time (as with Alzheimer’s), it is often possible to avoid the need for a guardianship proceeding by establishing a durable power of attorney early on, while the person is of sound mind.
Sometimes problems develop with guardianship. Family members may believe that an elder needs a guardian, but the elder himself does not believe so. Sometimes a guardian acts inappropriately – misusing money, investing unwisely, or unduly influencing the elder in financial or estate planning matters, such as changing a will. Or a guardian may fail to safeguard the health and well being of the person in their charge. In such instances, family members will contest the guardianship in court, asking the probate court judge to name a new guardian or to invalidate a new will.
The attorneys at Johnson, Johnson, & Nolan, Attorneys at Law represent people who wish to establish a guardianship as well as those who are contesting a guardianship.
We handle claims that arise from elder abuse and financial exploitation by guardians or family members. This can include bringing a case in civil court to reclaim the victim’s money.
What are your elder law needs? Johnson, Johnson, & Nolan, Attorneys at Law looks forward to helping you. Contact us to arrange your free consultation.