Elder Law and Long-Term Care Planning

Elder Law is an area of legal practice that places an emphasis on those issues that affect the growing aging population. The three major categories that make up elder law are:

1. Estate planning and administration, including tax questions;
2. Medicaid, VA Pension, disability and other long-term care issues and planning; and
3. Guardianship, conservatorship and commitment matters, including fiduciary administration.

Other issues found under the umbrella of elder law include such areas are estate planning including powers of attorney, wills and trusts; guardianships; protection against elder abuse, neglect, and fraud; end-of-life planning; all levels of disability and medical care; retirement planning; Social Security benefits; Medicare and Medicaid coverage; Medicaid planning; consumer protection; nursing homes, assisted living facilities and in-home care; physicians' or medical care directives, declarations and medical powers of attorney; landlord/tenant needs; real estate and mortgage assistance; nursing home and patient advocacy of; tax issues; and discrimination.

Long-Term Care Planning with Medicaid and VA Pension Benefits:
While traditional estate planning focuses on passing assets and wealth to the next generation, Melissa Uzzell's Elder Law practice at SPNS focuses on using the senior's assets to maximize quality of life and independence while preserving them to the greatest extent possible. This means Long-Term Care Planning starts before a crisis happens when planning options become limited. Although planning is still available after a crisis, planning early after an initial diagnosis of a deteriorating illness allows much more flexibility. Melissa provides comprehensive counseling on the available resources to help cover the costs of long-term care including Medicaid and VA Pension Benefits and develops a unique long-term care plan for each client.

Disability and Special Needs Planning:
Many of the techniques and tools used in Long-Term Care Planning are equally suited for disability planning for individuals of any age. Through the use of advance directives for healthcare and business (referred to as durable powers of attorney) and specialized trusts, unexpected disability or incapacity or even life-long disability can be managed by delegating decision making to trusted individuals. Parents and families of Special Needs Children can also utilize this type of planning to ensure their child is taken care of for life.

Melissa L. Uzzell