Comprehensive Elder Care Law Services

Providing trusted legal guidance to protect seniors, support families, and plan with confidence.

Elder Care Law

Elder law is a term coined to describe an area of law that places an emphasis on those specific issues that affect the growing aging population. It encompasses all aspects of planning for aging, illness, and incapacity. It is often compared with/overlaps with estate planning, but there is a crucial distinction: estate planning deals primarily with "post-death" planning, i.e., with what happens after you die, whereas elder law deals with "pre-death" planning - with a primary focus on those issues that affect seniors in the last 10–15 years of their life.

Family discussing paperwork together on couch

Legal Planning for Seniors

With estate planning, the focus is primarily on tax planning and post-death distribution of assets. Elder law, on the other hand, is concerned with planning for the specific legal, financial, social, and health care needs of seniors and the disabled. Legal issues for the elderly, disabled, and their families are complex.

Expertise Beyond the Law

Attorneys who work in this field must have expertise not just in the laws and regulations that apply to the elderly (Medi-Cal, Medicare, Social Security, state and federal benefits, etc.) but also have knowledge of the senior population and their unique needs, as well as the myths related to competence and aging.

The Services Under The Protection

The services we provide include:
 

  • Long-Term Care Planning: Advice and assistance on planning for long-term care, including evaluations on the various benefit programs (including SSI, IHSS, “waiver” programs), providing assistance for elders and the disabled in the community, home loans, etc., to keep the elder in his/her home for the remainder of his/her life.
  • Medi-Cal Planning: We will help your loved one get the nursing home care they deserve while legally protecting your family’s assets so that the spouse and children are left with adequate income and resources. We focus on 3 areas with Medi-Cal planning: i) qualifying for Medi-Cal, ii) maximizing the “at-home” spouse's income when the “ill-spouse” needs to go to a residential facility, and iii) avoiding estate recovery when the “ill-spouse” passes away.
  • Preparation of advance directives for health care and financial powers of attorney specifically tailored towards long-term care and disability planning
  • Preparation and/or amending of wills and trusts to ensure flexibility in qualifying for long-term care and avoiding the impoverishment of the at-home spouse when the other spouse enters a nursing home.
  • Assistance with Conservatorship proceedings.
  • Advising on and advocating for seniors in assisted living facilities or nursing homes (we have also advised nursing homes on compliance with laws and regulations regarding care in their facilities)
  • Reviewing and advising on admission contracts to assisted living/nursing facilities and continuing care retirement communities for both elders and nursing homes
  • Preventing and remedying instances of financial elder abuse, be it at the hands of a financial services "scam" or where the elder is taken advantage of by caregivers, etc.
  • Advice and assistance with resources and contacts within the community to help both the elder in need and the caregiver who has taken on the responsibility of caring for their loved one.
  • Provide support for those adult children and relatives who are becoming caregivers to their aging parents/relatives while raising families of their own. These responsibilities often impose tremendous emotional hardships on all family members.
Elderly pair discussing paperwork at home

Conclusion

The Law Offices of Patrick McNally, like many other elder law firms, adopts a holistic approach to dealing with the issues facing an elder and his/her family. We can help build a team of elder law professionals such as geriatric care managers, care placement assistants, home health providers, etc., to help the elder receive the best possible care and provide support for those adult children and relatives who are becoming caregivers to their aging parents/relatives while raising families of their own.

Helping Families Find Answers and Reassurance

We understand the needs of the elder community. Furthermore, we will also evaluate the residential, health, and financial facts of the elder's particular situation. Our goal is to provide you with the answers you need and provide peace of mind to the whole family.

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