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Legal representation of an aging population involves a variety of issues requiring a wide range of legal skills. While the areas of expertise of the attorneys in our Elder Law Group vary, our attorneys 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. The main practice areas of our firm’s Elder Law Group are discussed below.
Estate Planning
We work with clients to develop and implement a personalized and comprehensive estate plan to effect 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.
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Healthcare Decision Making
We see that clients’ healthcare 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 healthcare 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.
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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 the selection and retention of the agent. We advise clients as to all manner of creditor and tax matters to protect client 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 and their families and other beneficiaries.
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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.
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