Questions About Long-Term Care Planning for Elders?
Modesto Elder Law Attorneys Serving the Central Valley
The goal of our elder law practice is to provide legal services designed to protect the health and financial assets of seniors. While these conversations are not always easy for families, they are essential. Disputes may arise in the future concerning distribution of assets and estates. Worse, failing to plan for the eventuality that your loved one may need nursing care can lead to arguments and hurt relationships. If this happens to you, it can be easy to feel confused and overwhelmed. You may have questions over what healthcare options and safeguards work best for you and your loved one. Additionally, you may be concerned over the future of a family business or other holdings, or even your elderly loved one’s physical safety. Our Modesto elder law attorneys can help with any legal issue concerning your future or that of an elderly loved one.
At Arata, Swingle, Van Egmond & Heitlinger, we understand that it hurts when your loved one cannot care for themselves. Furthermore, our staff is aware of the serious concerns you have if your loved one owns a business. The impact of cost of care can deplete someone’s assets quickly, creating uncertainty in your future. Elder law encompasses many legal areas, which can be a confusing landscape to navigate. Our law firm can help establish trusts, power of attorney and other asset protection plans to secure your future.
What Does an Elder Law Attorney Do?
Elder law overlaps with a wide range of legal practices. In general, our elder law attorneys help protect businesses and people from unnecessary probate issues. As a result, you may be able to secure estates, assets and investments for the future, no matter the size. We also assist families with advance healthcare planning and directives.
We can guide you through the Medicaid process to make sure your loved one receives all benefits he or she is entitled to as well. Our staff will review and evaluate assisted living and nursing home contracts to make sure elder rights are protected. In addition to health care directives, our attorney can help you establish power of attorney for property.
Power of attorney for property gives legal authority to an organization or person to handle someone’s business affairs. If a person is unable to handle his or her own business, then we can help you draft the necessary legal paperwork to establish an administrator. If it is not possible to administer power of attorney, then our elder law attorney can guide you through the guardianship process. While guardianship has limitations, we can help draft an arrangement that works in your loved one’s best interest.
Can an Elder Law Attorney Help with Nursing Home Abuse Cases?
At Arata, Swingle, Van Egmond & Heitlinger, our elder law attorneys are also seasoned litigators who have experience representing individuals and families in abuse cases. If your elderly loved one is or was mistreated by an individual or the staff of a facility, then we can assist you in filing a lawsuit. In general, elder law litigation for injury cases involves one of two types of abuse, which are:
- Physical abuse. Negligence at nursing care facilities and assisted living homes may result in the physical or sexual abuse of residents. In some cases, elderly victims may be unable or unwilling to report this abuse to family members. However, if you have discovered that your loved one experienced abuse at nursing home, then we can assist you in filing suit against the facility and/or other liable parties.
- Elder financial abuse. In some circumstances, caregivers or other individuals may financially exploit the elders in their care. This may occur through overt threats or subtle manipulation. These individuals may use undue influence to pressure an elderly individual into changing his or her will or estate plan. Otherwise, a financial abuser may unlawfully take money or assets from his or her charge. If your elderly loved one suffered financial abuse or you believe undue influence led to a change in his or her estate plan, then our litigation lawyers have help.
What Is Elder Law Estate Planning?
One of the most important steps you can take to protect you and your loved ones is establishing an estate plan. A thoughtful estate plan is an act of love, protecting your family and the people you care about. If you carefully plan, then you can save your family or business from financial losses. Elder law estate planning can save time and money in the future. Our law firm can help you shield assets and investment property through establishing:
- Business Entities: Our firm can help you draft and administer a corporation or limited liability company. These entities can circumvent unwanted creditors’ claims against owners and protect possessions.
- Trusts: This estate planning tool is an alternative way of transferring cash, real estate, personal property, stocks and other assets. By appointing a trustee manager, you can avoid guardianship issues and have assets transfer automatically to named beneficiaries. Trusts are effective at preventing court control of assets and maintaining privacy.
- Will: A will can be used to manage less complicated estates, though it is not always recommended. This safeguard is very basic and thus more easily contested by heirs. Additionally, since a will is public, it can create an opportunity for a creditor to make a claim. However, in some cases, a will may be all you need to safeguard your estate.
Questions? Call Our Modesto Elder Law Attorneys now
Concerned about possible physical or financial elder abuse? Need help drafting or administering powers of attorney? Questions about the future of your business, investment or assets? Proper financial planning is the can prevent you losing your hard-earned assets. Arata, Swingle, Van Egmond & Heitlinger has been helping families and business in California for years. Our success originates from our experience and genuine dedication. We help you at every step so that you can feel confident about the future of your loved ones.
Our law firm will treat you and your family with compassion. We have experience handling elder law cases both large and small. If you or a loved one needs help with estate planning or expensive home care, we can help. Through a free initial consultation, you can discover what options are available to shield your estate. Call us today at 209-522-2211 or contact us through our website.