Legal representation of an aging population involves a variety of issues requiring a wide range of legal skills. The attorneys in Lerch, Early & Brewer’s Elder Law Group share a commitment to maintaining and enhancing the quality of life for our aging clients throughout their lives. We are dedicated to assisting our elder clients in dealing with the many challenges affecting their personal and financial well-being as they make the transition from active adulthood to retirement and beyond.
Estate Planning to Protect Your Wishes and Minimize Taxes
We work with each client to develop and implement a personalized and comprehensive estate plan designed to achieve their wishes as to who will act on their behalf in the event of death or disability, and how their assets will be used and ultimately distributed. This may involve the preparation of wills, revocable trusts and powers of attorney for financial matters. In some cases, tax considerations call for the use of special trusts, family partnerships or other arrangements to assure that asset transfers are accomplished as intended with minimal tax and costs. See our Estate Planning & Probate page for more details.
Health Care Decision Making
We see that clients’ health care choices are set forth in legal documents, sometimes referred to as durable powers of attorney and living wills (known as “advance directives” in Maryland). We can assist clients in identifying and contracting for in-home health care arrangements, as well as reviewing and negotiating admission agreements for assisted living and nursing home facilities. Our attorneys coordinate efforts with county or private social workers when family support is lacking for an elder client. With the assistance of social workers, we can also assist clients transitioning to different levels of health care providers if necessary.
Asset Protection and Management
Our attorneys can act as agents pursuant to powers of attorney for competent elder clients to assist with the management of their property and payment of their bills. Unlike formal guardianships discussed below, these arrangements allow the mentally competent client to retain ultimate control not only over his or her assets, but also regarding the selection and retention of the agent. They also allow a client’s assets to be managed if the client can no longer manage his or her own financial and medical affairs. We advise clients about creditor and tax matters to protect their assets, and will work with creditors to reduce or settle disputed claims. We are mindful of client entitlements to government assistance and benefits, and can discuss the use of techniques such as special needs trusts and gifting strategies to preserve assets for the use of clients, their families and other beneficiaries.
Guardianships
The court appointment of a guardian of the person and/or property of an incapacitated individual involves legal formalities and typically requires a legal determination that the individual no longer has capacity to make decisions concerning his or her health and/or assets. In appropriate cases, we can either petition for, or contest against, such guardianship appointments. When called upon, our Elder Law attorneys have also frequently served in the position of guardian of the property.
