Elder Law

Our elder law attorneys can help you manage your estate, including your business assets, family inheritance, social security, Medicare benefits, and more.

Medicaid Planning

Proper planning helps to preserve assets so the healthy spouse that lives at home will have the financial resources to continue to do so.

Proper planning helps preserve a family’s assets for the next generation.

Proper planning gets better financial results and higher acceptance into the program.

Better nursing homes have waiting lists. Proper planning helps you to navigate your choices, such as skilled nursing care at home .

Long-term facilities are expensive. Proper planning help to ensure your loved ones get the quality of care they need.

Medicaid is complicated and time consuming. Some applicants are denied because of simple errors in the application or poor financial planning.

We provide counseling and assistance in advance of and during your application. The best planning time is about two to three years before you need Medicaid. Generally, there is a general two year look-back into your assets.

We work closely with you to make the process down-to-earth and understandable. "Elder law" focuses on issues we face as we age. Many of us avoid planning ahead. By the time an emergency arises, planning is frequently too little, too late. Choices become limited. Egg-nests are lost.

Below are some of the more common issues we can encounter as we get older.

Elder Abuse

Elder abuse is an intentional act, or failure to act, by a caregiver or another person in a relationship of trust with an older adult that causes harm to an older adult. Elder abuse includes:

Physical Abuse: the intentional use of physical force that causes acute or chronic illness, bodily injury, physical pain, functional impairment, distress, or death.

Sexual Abuse or Abusive Sexual Contact: forced or unwanted sexual interaction (touching and non-touching acts) of any kind with an older adult.

Emotional or Psychological Abuse: verbal or nonverbal behavior that results in the infliction of anguish, mental pain, fear, or distress.

Neglect: failure by a caregiver or other responsible person to protect an elder from harm, or the failure to meet needs for essential medical care, nutrition, hydration, hygiene, clothing, basic activities of daily living or shelter.

Financial Abuse or Exploitation: the illegal, unauthorized, or improper use of an older individual’s resources by a caregiver or other person in a trusting relationship, for the benefit of someone other than the older individual.

Special Needs Planning

A person with physical and/or mental disabilities can benefit from a Special Needs Trust.

A special needs trust is a commonly used tool for one person to manage the property for the benefit of another person.

The "trustee" is person that is managing the property for the benefit of a beneficiary. The trust lasts as long as it is needed, typically until the beneficiary's death or until the funds have all been distributed.

Special needs trusts are made specifically for the benefit of those with physical and/or mental disabilities. The trust is created with the specific needs, lifestyle, and future of the beneficiary in mind. The trustees of special needs trusts can be family members or, if an appropriate and trustworthy family member is unavailable, a third party will be appointed by the court. Choosing the right trustee must be done very carefully, especially for special needs trusts that are used for the benefit of a younger person.

Social Security Disability

The Social Security disability insurance program pays benefits to you and certain family members if you worked long enough and paid Social Security taxes. (Your adult child also may qualify for benefits on your earnings record if he or she has a disability that started before age 22.)
The Supplemental Security Income (SSI) program pays benefits to disabled adults and children who have limited income and resources.

For most people, the medical requirements are the same under both programs and disability is determined by the same process.

Veterans Pension Planning

The Veterans Pension program provides monthly payments to wartime Veterans who meet requirements of age, disability, income and net worth.

Call us for a free no obligation consultation

We meet clients in the Twin Cities and Two Harbors .