What is Elder Law?

November 24, 2014

As estate planning attorneys, we are often asked what the term Elder Law means. “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 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 Law encompasses legal aspects of planning for aging, for illness and incapacity and for caring for one’s heirs after death.

Give Yourself Peace of Mind

A properly crafted estate plan can give you peace of mind, knowing your assets and family are well protected. Our estate planning lawyers will help you get there.

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 probate and preserving assets and wealth for future generations
  • Advance Medical Directives such as Power of Attorney for Health Care
  • Living Will (Declaration to Physicians)
  • 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

  • Trust and Probate Estate Administration
  • Avoiding Probate 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 probate, 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 Law lawyers we understand and apply the numerous areas of Elder Law to assist our clients in completing the appropriate estate plan to reach the client’s goals. Having practiced 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 Law for decades, we know that we can help you when life and aging require an attorney to review and address your estate planning and Elder Law needs.

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This article is intended as general legal information and not as legal advice to any particular client, nor is it intended as advice on any particular issue or matter. If you have any questions regarding the subject matter of this article, or wish to discuss how the subject matter of this article may apply to your situation, please contact us.