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What Does an Elder Care Attorney Do?

Phelps LaClair, serving the Phoenix Valley, is an estate planning firm with experience in tax law and elder care law. We understand the ins and outs of Arizona law as it relates to each of these areas, and we know how to help you create a plan that will satisfy your needs in all three aspects of your financial portfolio. If you’re not familiar with elder care attorneys and why it’s valuable to work with a firm that is knowledgeable in both estate planning and elder care law—please, read on!

Medicaid and State Laws

Medicaid is a federal program. But each individual state in America is given the responsibility of administering Medicaid for their state. That means the law, as it pertains to Medicaid, can be quite different from one state to another.

In addition, each state’s laws have specific language and rules about a variety matters concerning wills and trusts, advance medical directives, financial and medical durable powers of attorney, choosing trustees for estates, and more. Using proper wording in legal documents that complies with a state’s language and regulations is critical for complying with Medicaid, so that finances and coverage aren’t compromised. This is one of many reasons it’s unwise to attempt a DIY approach to matters of long-term care planning or estate planning. Simply put, that online form often used to create wills or other legal documents may not work when held to the scrutiny of state laws.

Elder Care Attorneys

Elder care attorneys focus on the needs of seniors. They understand the laws for their particular state concerning Medicaid, Veterans Benefits, and other laws relating to the care of the elderly. They take into consideration each aspect of life that affects the older population: housing, ongoing financial needs, physical well-being, and quality of life. Elder care attorneys are able to create a plan for future needs pertaining to assisted living or custodial care, without draining the family estate. An attorney well-versed in elder care law will help with advance directives and the establishment of durable powers of attorney, in the event that the grantor of an estate or their spouse is incapacitated. Familiar with nursing home costs and long-term care costs, they are able to give counsel on what is needed to be financially prepared for the future.

Most importantly, elder care attorneys CARE about the needs of the elderly. As we mentioned at the beginning of this blog post, our Phelps LaClair firm has experience in the three vital areas that tie in to creating a whole plan: your estate plan, your long-term care plan, and your tax needs. If you’re located in the Phoenix Valley and you need a long-term care plan that works with your estate plan, give us a call, or connect with us on our website. We’ll be glad to sit down with you and answer any questions you may have. And we’ll help design a plan that covers your end-of-life needs and keeps your estate plan strong.


Images used under creative commons license – Commercial Use (7/20/18) Rafabordes (Pixabay)

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