Elder Law & Advocacy Services

At Smith Debnam, our Elder Law and Advocacy attorneys seek to provide seniors, along with their loved ones, with the peace of mind that comes from knowing you have the proper legal documents, and financial and estate plans in place for living life protected and secure after retirement.

Life Planning for your Golden Years

• Over the course of your retirement years, your healthcare needs may change – Are you properly prepared?
• What would you do if you required extended, long-term care – Will your post-retirement income be enough?
• What if you lost the capacity to make decisions about your health care or finances – Who would handle your affairs and protect your interests?

Our Elder Law & Advocacy services incorporate many areas of law, especially estate planning. Our attorneys will help you put the proper documentation in place to protect your rights, your wishes, and your assets. From drafting and executing a last will and testament or a durable power of attorney – to devising complex trusts or intricate tax planning, our elder law attorneys will help you remain as independent as possible while keeping private family matters out of the public arena and out of the courtroom.

Medicaid Planning

• Planning for asset protection
• ​Qualifying for Medicaid for skilled care nursing and special assistance
• Planning with trusts (irrevocable income only trusts, special needs or supplemental needs trusts, etc.)
• Transferring real property​ ownership

Veterans Benefits

• Aid & Attendance
• Disability compensation
• Survivor benefits

Estate Planning 

• Last Will & Testament
• Durable power of attorney
• Health care power of attorney
• HIPAA authorization release forms
• Consent to health care for a minor
• Living Will/Advance Directive
• Trusts (revocable living trusts, special needs trusts, pet trusts, etc.)
• Life Estate deeds
• Incompetency & Guardianship

Probate & Estate Administration

• Initiating probate proceedings with the proper authority
• Gathering information to prepare income and estate tax returns
• Advising on the accounting and tax treatment, and valuing the estate assets
• Choosing the most beneficial tax elections, deductions, and estate payment vehicles
• Ensuring payment of claims, expenses, and taxes
• Proper disposition and distribution of estate assets