Elder Law
The term “Elder Law” has a myriad of possible definitions. I view the practice of Elder Law as taking a holistic approach to address all of an elderly client’s legal concerns. These concerns include:
A Family Process
I understand that the majority of my elderly clients rely heavily on close family members, and so the elder law planning process is usually a process that the family must go through together. I believe that, in most cases, an effective approach to elder law issues should include the involvement of key family members and I welcome their input and participation.
Should we Transfer the House?
Transfer of real estate is the most common question that families have when there is a possibility that an elderly family member may need nursing home care in the foreseeable future. A home is usually the elder’s biggest asset and there may be a great deal of emotional value to the house. There is often a deep fear among family members that the house will be lost to the nursing home.
This is not a transfer that should be taken lightly. There are several important issues that must be considered, including tax-related ramifications, Medicaid eligibility, whether or not a “life use” interest should be retained and landlord-tenant law issues. I can meet with the family and facilitate a comprehensive discussion about all the benefits and risks of changing ownership of a house in order to protect it from a Medicaid spend-down. If the conclusion is that ownership of the house should be transferred, I can assist the family with the actual transfer by preparing the deed and recording it on the town land records.
The term “Elder Law” has a myriad of possible definitions. I view the practice of Elder Law as taking a holistic approach to address all of an elderly client’s legal concerns. These concerns include:
- Providing a client with estate planning documents that are specifically designed to deal with the legal issues that are unique to seniors;
- Explaining the complex eligibility rules for government benefits in a way that the client can understand;
- Discussing the various options the client has in planning for long-term care;
- Planning for the possibility of incapacity in the future due to illness or injury so that trusted family members can manage your affairs for you.
A Family Process
I understand that the majority of my elderly clients rely heavily on close family members, and so the elder law planning process is usually a process that the family must go through together. I believe that, in most cases, an effective approach to elder law issues should include the involvement of key family members and I welcome their input and participation.
Should we Transfer the House?
Transfer of real estate is the most common question that families have when there is a possibility that an elderly family member may need nursing home care in the foreseeable future. A home is usually the elder’s biggest asset and there may be a great deal of emotional value to the house. There is often a deep fear among family members that the house will be lost to the nursing home.
This is not a transfer that should be taken lightly. There are several important issues that must be considered, including tax-related ramifications, Medicaid eligibility, whether or not a “life use” interest should be retained and landlord-tenant law issues. I can meet with the family and facilitate a comprehensive discussion about all the benefits and risks of changing ownership of a house in order to protect it from a Medicaid spend-down. If the conclusion is that ownership of the house should be transferred, I can assist the family with the actual transfer by preparing the deed and recording it on the town land records.
