Blog Layout

4 Ways an Elder Law Attorney May Help You

November 21, 2023

Old age comes with vulnerabilities, needs, or concerns that require special attention. For example, some diseases are more common in seniors than younger people. The decline of physical and mental capabilities with age also complicates matters. Some of these issues require legal solutions to enable the elderly to live dignified and comfortable lives.

Elder law attorneys provide legal services for seniors with these unique issues. Below are specific services you can get from an elder law attorney.


1. Estate Planning


Estate planning prepares you for the day when you can no longer determine, communicate, or execute your objectives or wishes for the end of life but also for everyone who can benefit from estate planning services. However, many people put-off estate-planning services until they are elderly or ill.


Contact an elder law attorney if you are in such a situation. The attorney may help you with the following services:


  • Writing a last will and testament so your beneficiaries can know your wishes after your demise
  • Reviewing your estate assets and debts
  • Selecting guardians for your minor children
  • Taking relevant steps to minimize estate and income taxes
  • Setting up a financial power of attorney and healthcare proxy to secure your finances and health to in the event of setting up a trust to avoid probate and for asset protection planning your incapacitation.


Plan your estate as soon as possible so your beneficiaries cannot use mental incapacity to contest your wishes.


2. Protection of Nursing Home Rights


Many seniors have vulnerabilities, such as mobility and age-related illnesses, which are not so serious to require hospital care. Many seniors end up in nursing homes where nursing aids and nurses provide the relevant care. However, the vulnerabilities also mean these seniors can fall victim to misconduct from third parties.


The government recognizes these risks and uses relevant laws to regulate nursing homes. These laws grant you certain rights to ensure you get the right treatment at nursing homes. For example, nursing home attendants must treat you with dignity and respect, maintain accurate medical care records, and develop a comprehensive plan for your daily living activities.


An elder law attorney can help protect your nursing home rights. The attorney can help you get legal redress if a nursing home harms you. Also, some nursing home residents do not know what they are entitled to in nursing homes. An elder law attorney can review your circumstances to ensure you have everything you should be getting.


3. Medicaid Planning


The public health insurance program Medicaid is useful for protecting the health of vulnerable persons, including seniors. The program has asset and income limits, which mean that qualification for the program is not automate. Unfortunately, the program can be so intricate that the average person might not understand it well. Many people do not understand how to qualify for the aid, when to use it, or how to maximize the benefits. Moreover, Medicaid rules frequently change.


An elder law attorney can save you a lot of money by helping you to plan for medicaid. For example, the attorney can review your circumstances, establish trust, advise you on asset transfers or conversations, prepare the relevant paperwork, hasten the process, and even appeal denials. The attorney can help you organize your assets or financials to increase your program eligibility.


4. Senior Benefits


The government provides several public benefits specifically for seniors. Examples of these benefits include:


  • Financial support with Social Security Benefits
  • Reverse mortgage programs for seniors who own homes
  • Medical benefits with low-cost prescription drugs


Again, these benefits are complex in several ways. For example, some seniors do not understand the benefits available or their eligibility requirements. An elder law attorney can help you review the benefits you qualify for and apply for the benefits within a short deadline.


The Law Office of David E. Waterstradt, PLLC, has practiced elder law for over 30 years. We understand the legal challenges seniors face and promise you professional and dignified solutions. Contact us for a consultation to see how we can help you.

Elder Attorney in Coopersville, MI
Elder Lawyer in Coopersville, MI

Protect Your Assets with an Elder Lawyer in Coopersville MI

February 26, 2025
If you're in Coopersville MI, an elder lawyer can help you protect your assets, navigate complex legal matters, and ensure your healthcare wishes are honored. Contact David Waterstradt today to schedule a consultation.
Experienced Tax Planning Attorney near Muskegon, MI

YEAR END TAX AND ESTATE PLANNING CONSIDERATIONS

February 17, 2021
Tax Planning The goal of year-end tax planning is usually to defer income into the next year and gain deductions in the current year. This may be reversed this year as it is anticipated that President Biden will raise taxes and, therefore, taxpayers may want to accelerate income into the current year and defer deductions to next year. However, many speculate that President Biden’s proposals for tax increases on high earners are unlikely to be addressed until at least 2022.
Certified elder law attorney in Muskegon, MI

Options for Elder Law Adults and Their Living Arrangements

February 17, 2021
Managing the care needs of an aging parent can be a daunting task. When it becomes clear that an older adult can no longer care for themselves safely in their home, there are many options to consider such as the quality of their care, their safety, and the cost (including when and how Medicaid and/or Veterans benefits might become available). These considerations become confusing when faced with last minute decision making, marketing campaigns and promises of salespeople who are under pressure to fill rooms. Most people are even confused by the different options available and sometimes the wrong placement decision for a loved one can be disastrous.
Special needs trust attorney near Muskegon, MI

Establishing First Party Special Needs Trust is now Easier

January 10, 2019
On December 7, 2016, the U.S. Senate passed the Special Needs Trust Fairness Act. This Act makes it possible for a disabled adult who is mentally competent to establish his or her own special needs trust if they acquire assets that will put them over the asset limit for programs such as Medicaid or SSI. It corrects the false presumption in prior law that all disabled persons lack the mental capacity to handle their own legal and financial affairs.
Professional Trusts Attorney near Muskegon, MI

2017 Trust Decanting in Michigan

January 4, 2018
December 2017 Newsletter Article
Professional Estate Planning Attorney near Muskegon, MI

2017 Adjustments to Estate Planning and Elder Law Thresholds

March 8, 2017
The IRS, State of Michigan and Veterans Administration have completed their annual adjustments to important thresholds in the estate planning and elder law world. Here is a quick reference guide to the current numbers.
Professional Trust Attorney near Muskegon, MI

ESTABLISHING CERTAIN KINDS OF SPECIAL NEEDS TRUSTS JUST BECAME EASIER

December 9, 2016
On December 7, 2016, the U.S. Senate passed the Special Needs Trust Fairness Act. President Obama reportedly intends to sign it. This Act makes it possible for a disabled adult who is mentally competent to establish his or her own special needs trust if they acquire assets that will put them over the asset limit for programs such as Medicaid or SSI. It corrects the false presumption in prior law that all disabled persons lack the mental capacity to handle their own legal and financial affairs. Under prior law, only a parent, grandparent, court appointed guardian or a court itself could establish the type of special needs trust that allows a disabled individual to benefit from their assets for their supplemental needs while maintaining eligibility for Medicaid and SSI (also known as a (d)(4)(A) trust, after the enabling legislation).
Medicaid planning lawyer near Muskegon, MI

Do You Have to Spend Down Assets to Qualify for Medicaid?

August 4, 2016
Did you know it’s not necessary to spend down assets on unnecessary items when trying to qualify a loved one for Medicaid for nursing home related expenses? Medicaid’s asset limit is $2,000 for an individual. Many people will go on a spending spree and purchase unnecessary items to use up assets above the $2,000 limit in an attempt to qualify for Medicaid. However, rather than spending money unnecessarily, it is possible to set aside half or more of a loved one assets over $2,000 for future needs if this is done within Medicaid gifting rules. Medicaid will impose a disqualification period if assets are transferred. Nonetheless, assets can still be transferred if sufficient assets are converted to income to make sure the nursing home gets paid during the disqualification period. A skilled elder law attorney can guide you through these rules.
Elder attorney near Muskegon, MI

Michigan Courts Weigh In on When a Patient Advocate’s Authority is Revoked

June 8, 2016
The Michigan Supreme Court recently declined to review the decision of the Michigan Court of Appeals in Estate of Margaret Marie Roush v. Laurel’s of Carson City . Ms. Roush was a patient at the Laurel’s of Carson City, a skilled nursing facility. Ms. Roush had nominated a patient advocate, and on October 24, 2012, that nominated patient advocate agreed that Ms. Roush should remain in the facility care. However, a dispute arose as to whether two doctors had certified that Ms. Roush was unable to make her own decisions, a condition necessary for the patient advocate to have any decision making authority.
Elder Lawyer in Muskegon, MI

Michigan Updates Law on Funeral Arrangements

April 13, 2016
Who has the right to make decisions about your funeral under Michigan law? Surprisingly, it is not yourself. You can pre-plan your funeral, but the persons who have authority to make your funeral arrangements have no legal obligation to follow your plan. Michigan law currently defines the person with the right to make funeral decisions as your “next of kin.”
More Posts
Share by: