Elder Law & Advocacy Services

Overview

Every month in the US, nearly a quarter-million Americans turn 65. While many have saved for retirement, many more run the risk of outliving their money, especially when facing diminishing health that requires extended long-term care in their later years―one of the most expensive forms of health care. In fact, without proper planning, long-term care can quickly bankrupt a couple, or leave their loved ones in financial ruins―nursing home costs alone can total as much as $6,000 or more per month. For these reasons, it is imperative that older Americans plan wisely for their golden years, with advice from a third-party, independent counselor – someone who is product-neutral and conflict-free.

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

Services

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

Attorneys