An elder law and special needs attorney properly plans for the possibility of disability, incapacity, home health care and/or nursing home placement and advises clients on how to receive public benefits, including Medicaid. In so doing, an elder law and special needs attorney prepares sophisticated Durable Powers of Attorney to provide authority for the client’s named designee to act for him or her regarding financial and legal matters and prepares complex Designation of Healthcare Surrogate forms in which the client chooses a loved one to make vital healthcare decisions for them when they are unable to act for themselves, as well as detailed Living Wills which specify the client’s wishes with regard to all life sustaining devices.

An elder law and special needs attorney practices in the Guardianship Court and is able to secure someone to properly handle an incapacitated person’s personal and financial affairs and some elder law and special needs attorneys are able to litigate guardianship issues including who should be chosen as a guardian, removing a guardian who mishandles the person’s affairs, and objecting to guardianship entirely.

An elder law and special needs attorney may be proficient in litigation for or against a beneficiary or a fiduciary under a will or trust or other asset which has a named beneficiary like an IRA. An elder law and special needs attorney advises clients on long term care insurance, long term living arrangements and facility placement and can provide Geriatric Care Managers for daily, hands-on care. Elder law and special needs attorneys are up to date with the new and evolving laws geared more and more to our aging and disabled population. You need an elder law and special needs attorney…