What is Elder Law?

November 24, 2014

As estate planningPlanning in advance of disability, incapacity, or death to make sure that key life issues have been addressed while the person is still of sound mind and able to understand and sign key documents such as Power of Attorneys, Power of Attorneys for Health Care, Wills, and Trusts to form a strategy and provide for the administration and disposition of his or her assets upon death or upon incapacity. attorneys, we are often asked what the term Elder LawA term used  to distinguish an area of law that addresses the needs of aging, including dealing with Federal and State laws that apply to the rights and privileges of the elderly and encompasses areas of law such as Estate Planning, Irrevocable Trusts, Revocable Trusts, Wills, Will Contests, Durable Power of Attorneys, Power of Attorney for Health Care, Advance Medical Health Care Directives, Funeral Directives, Special Needs Trusts, Probate, Avoiding Probate, Disability Planning, Nursing Home Planning, Guardianships, and Protecting Assets from Nursing Homes. (Further reading: What is Elder Law?) means. “Elder LawA term used  to distinguish an area of law that addresses the needs of aging, including dealing with Federal and State laws that apply to the rights and privileges of the elderly and encompasses areas of law such as Estate Planning, Irrevocable Trusts, Revocable Trusts, Wills, Will Contests, Durable Power of Attorneys, Power of Attorney for Health Care, Advance Medical Health Care Directives, Funeral Directives, Special Needs Trusts, Probate, Avoiding Probate, Disability Planning, Nursing Home Planning, Guardianships, and Protecting Assets from Nursing Homes. (Further reading: What is Elder Law?)” is an area of law that addresses the needs of aging, including dealing with Federal and State laws which apply to the rights and privileges of the elderly.

Elder LawA term used  to distinguish an area of law that addresses the needs of aging, including dealing with Federal and State laws that apply to the rights and privileges of the elderly and encompasses areas of law such as Estate Planning, Irrevocable Trusts, Revocable Trusts, Wills, Will Contests, Durable Power of Attorneys, Power of Attorney for Health Care, Advance Medical Health Care Directives, Funeral Directives, Special Needs Trusts, Probate, Avoiding Probate, Disability Planning, Nursing Home Planning, Guardianships, and Protecting Assets from Nursing Homes. (Further reading: What is Elder Law?), therefore, is an area of legal services that emphasizes people’s changing needs as they grow older. The focus areas range from planning for minor children, grown children or even grandchildren. The areas also include planning for the possibility of disability, or incapacity, of either oneself or of loved ones. In short, Elder LawA term used  to distinguish an area of law that addresses the needs of aging, including dealing with Federal and State laws that apply to the rights and privileges of the elderly and encompasses areas of law such as Estate Planning, Irrevocable Trusts, Revocable Trusts, Wills, Will Contests, Durable Power of Attorneys, Power of Attorney for Health Care, Advance Medical Health Care Directives, Funeral Directives, Special Needs Trusts, Probate, Avoiding Probate, Disability Planning, Nursing Home Planning, Guardianships, and Protecting Assets from Nursing Homes. (Further reading: What is Elder Law?) encompasses legal aspects of planning for aging, for illness and incapacity and for caring for one’s heirs after death.

As Wisconsin Elder Law attorneys practicing in the greater Kenosha and Racine area, our work often encompasses the following areas of law:

Traditional Estate Planning

• Wills
• Trusts and Revocable Trusts
• Trusts for Grandchildren and Children
• Care Arrangements and Care Agreements
• Avoiding probateThe court process proving the validity of a Will and conducting the orderly Inventory, Accounting, and Administration of a decedent’s assets under a Will or under Intestacy laws if there is no Will. The probate process in Wisconsin typically takes between six to twelve months in Wisconsin and can take longer in some cases. Probate can be avoided by proper Estate Planning and through the use of beneficiary designations, Transfer on Death Deeds, Marital Property Agreements and Trusts. and preserving assets and wealth for future generations
• Advance Medical Directives such as Power of Attorney for Health CareA document that authorizes a person, called an agent, to make health care decisions in the event that the person creating the document becomes incapacitated and can no longer make his or her health care decisions. A power of attorney for health care should also set-forth desires on the use or non-use of artificial equipment and feeding tubes in the event that the creator becomes incapacitated.
• Living WillIn Wisconsin this is referred to as a Declaration to Physicians and is used to provide very limit directions to a doctor with respect to certain health care matters if the creator of the document is incapacitated. This is not a replacement for a Power of Attorney for Health Care as this form is too limited in scope and will not avoid the need for a guardianship in Wisconsin. A living Will is not a Trust and is not a Last Will and Testament. (Declaration to PhysiciansSee Living Will.)
• Funeral Directives to name who you want in charge of your funeral
• Authorization for Final Disposition to detail what funeral arrangements you desire

Probate and Avoiding Probate

• TrustThe arrangement creating the legal ownership of assets by a trustee for the benefit of the Settlor and/or other beneficiaries. and ProbateThe court process proving the validity of a Will and conducting the orderly Inventory, Accounting, and Administration of a decedent’s assets under a Will or under Intestacy laws if there is no Will. The probate process in Wisconsin typically takes between six to twelve months in Wisconsin and can take longer in some cases. Probate can be avoided by proper Estate Planning and through the use of beneficiary designations, Transfer on Death Deeds, Marital Property Agreements and Trusts. Estate AdministrationA process during which the deceased persons assets pay debts, claims and funeral expenses and the remaining estate funds are then distributed according to the wishes of the deceased person set forth in the Will or Trust. The Administrator is in charge of the process and must follow what is set forth in the Will or Trust. If there is no Will or Trust, the distributions and payments are made according to the law of the applicable state and is called intestate succession.
• Avoiding ProbateThe court process proving the validity of a Will and conducting the orderly Inventory, Accounting, and Administration of a decedent’s assets under a Will or under Intestacy laws if there is no Will. The probate process in Wisconsin typically takes between six to twelve months in Wisconsin and can take longer in some cases. Probate can be avoided by proper Estate Planning and through the use of beneficiary designations, Transfer on Death Deeds, Marital Property Agreements and Trusts. through asset titling
• Transfer on Death Deeds
• Trusts

Estate Planning for Asset Protection For Long Term Care/ Nursing Home Care

• Gifting
• Irrevocable Trusts
• Re-titling of Assets
• Spend Downs
• Spousal Impoverishment where a spouse enters a nursing home
• Long Term Care Planning

Disability Planning and Public Benefits Planning

• Special Needs Trusts for Disabled Beneficiaries such as one-self or children or grandchildren
• Public benefits relating to aging such as Title 19, Medical Assistance and Medicaid

Avoiding Taxes and Unnecessary Fees and Expenses

Planning through the use of proper documents and advice to protect assets and avoid probateThe court process proving the validity of a Will and conducting the orderly Inventory, Accounting, and Administration of a decedent’s assets under a Will or under Intestacy laws if there is no Will. The probate process in Wisconsin typically takes between six to twelve months in Wisconsin and can take longer in some cases. Probate can be avoided by proper Estate Planning and through the use of beneficiary designations, Transfer on Death Deeds, Marital Property Agreements and Trusts., taxes, and fees, by using techniques such as Revocable and Irrevocable Trusts, and Transfer on Death Deeds.

Protecting Your House

We are often called upon to discuss and when appropriate, determine the appropriate technique to protect our clients’ houses for the next generation.

Experienced Elder Law Attorneys

As experienced Elder LawA term used  to distinguish an area of law that addresses the needs of aging, including dealing with Federal and State laws that apply to the rights and privileges of the elderly and encompasses areas of law such as Estate Planning, Irrevocable Trusts, Revocable Trusts, Wills, Will Contests, Durable Power of Attorneys, Power of Attorney for Health Care, Advance Medical Health Care Directives, Funeral Directives, Special Needs Trusts, Probate, Avoiding Probate, Disability Planning, Nursing Home Planning, Guardianships, and Protecting Assets from Nursing Homes. (Further reading: What is Elder Law?) lawyers we understand and apply the numerous areas of Elder LawA term used  to distinguish an area of law that addresses the needs of aging, including dealing with Federal and State laws that apply to the rights and privileges of the elderly and encompasses areas of law such as Estate Planning, Irrevocable Trusts, Revocable Trusts, Wills, Will Contests, Durable Power of Attorneys, Power of Attorney for Health Care, Advance Medical Health Care Directives, Funeral Directives, Special Needs Trusts, Probate, Avoiding Probate, Disability Planning, Nursing Home Planning, Guardianships, and Protecting Assets from Nursing Homes. (Further reading: What is Elder Law?) to assist our clients in completing the appropriate estate plan to reach the client’s goals. Having practiced Elder LawA term used  to distinguish an area of law that addresses the needs of aging, including dealing with Federal and State laws that apply to the rights and privileges of the elderly and encompasses areas of law such as Estate Planning, Irrevocable Trusts, Revocable Trusts, Wills, Will Contests, Durable Power of Attorneys, Power of Attorney for Health Care, Advance Medical Health Care Directives, Funeral Directives, Special Needs Trusts, Probate, Avoiding Probate, Disability Planning, Nursing Home Planning, Guardianships, and Protecting Assets from Nursing Homes. (Further reading: What is Elder Law?) for many generations, we know and have seen the end results of our efforts and have saved many families from unnecessary disputes, and saved our clients many millions in unnecessary fees, taxes, and expenses. Our experience and holistic approach to our clients’ issues, as well as our genuine care for our clients, allows us to determine what is appropriate for each client’s individual wants and needs.

Having practiced in the area of Elder LawA term used  to distinguish an area of law that addresses the needs of aging, including dealing with Federal and State laws that apply to the rights and privileges of the elderly and encompasses areas of law such as Estate Planning, Irrevocable Trusts, Revocable Trusts, Wills, Will Contests, Durable Power of Attorneys, Power of Attorney for Health Care, Advance Medical Health Care Directives, Funeral Directives, Special Needs Trusts, Probate, Avoiding Probate, Disability Planning, Nursing Home Planning, Guardianships, and Protecting Assets from Nursing Homes. (Further reading: What is Elder Law?) for decades, we know that we can help you when life and aging require an attorney to review and address your estate planningPlanning in advance of disability, incapacity, or death to make sure that key life issues have been addressed while the person is still of sound mind and able to understand and sign key documents such as Power of Attorneys, Power of Attorneys for Health Care, Wills, and Trusts to form a strategy and provide for the administration and disposition of his or her assets upon death or upon incapacity. and Elder LawA term used  to distinguish an area of law that addresses the needs of aging, including dealing with Federal and State laws that apply to the rights and privileges of the elderly and encompasses areas of law such as Estate Planning, Irrevocable Trusts, Revocable Trusts, Wills, Will Contests, Durable Power of Attorneys, Power of Attorney for Health Care, Advance Medical Health Care Directives, Funeral Directives, Special Needs Trusts, Probate, Avoiding Probate, Disability Planning, Nursing Home Planning, Guardianships, and Protecting Assets from Nursing Homes. (Further reading: What is Elder Law?) needs.