Growing older is not something you have to initiate — it just happens. Planning for and coping with your golden years needs your active participation. For this process, you need an experienced and caring Houston elder law attorney to advise you, prepare any necessary documents, and support you if there is a sudden need for assistance.
Our attorneys at Your Legacy Legal Care in Houston are well-prepared to help you plan for your golden years and deal with any complications that arise for you as you age. We are also here to help you deal with the complex issues surrounding dealing with aging parents or other family members. We are especially helpful to those who have large estates they want to pass on to their loved ones as efficiently and economically as possible.
Why You Need Your Legacy Legal Care
The increased longevity that is part of life in the 21st century can be wonderful. It may include a longer retirement, more time with grandchildren and other loved ones, more time to learn and grow. Nonetheless, most of us will eventually have to face the reality of diminishing health and greater dependency. Since 80 percent of us will find ourselves in a nursing home at some point, even if just for rehabilitation after a hospitalization, it is sensible to prepare for such a contingency.
Making decisions regarding old age can be stressful. That is one of the reasons why it is so reassuring to have one of Your Legacy Legal Care’s skilled elder law attorneys at your side. Not only have we dealt with a great many cases involving elder care; we also make sure to keep current with any changes in state or federal elder law. You can rely on Your Legacy Legal Care attorneys to protect your interests — legally, financially, and in terms of your physical and emotional well-being.
What Your Legacy Legal Care Can Do for You
At Your Legacy Legal Care, our attorneys are able to assist you with any or all of the following:
Setting Up Guardianships
If you or someone you love becomes incapacitated, it may be necessary for guardianship to be created to tend to the needs of that person (the ward), while preserving his or her rights and independence as much as possible. Texas law provides for legal authorities to assess the extent of a person’s incapacity so the guardianship can be arranged to give only the specific assistance required without interfering with the ward’s capabilities and dignity. A guardianship is designed to serve “the best interest of the ward.”
Setting Up Conservatorships
In a situation in which the incapacitated person needs someone to tend to his or her financial needs, rather than personal needs, a conservator is appointed by the court to have control of the property (or estate) of the ward. The conservator is designated by the court to make financial decisions regarding the ward’s assets, investments, and debts that will be in the ward’s best interests.
Preparing Wills and Trusts
Because Your Legacy Legal Care elder law attorneys are also estate planning attorneys, we can prepare wills in which you name your executor and beneficiaries. Often when dealing with substantial estates, it is important to avoid unnecessary taxation and prevent creditors from cutting into the pie. To this end, the attorneys at Your Legacy Legal Care are adept at creating appropriate, legally binding trusts.
Protecting Your Assets
By placing large portions of your assets in living trusts, we can protect your assets. We understand how important it is to make certain that the bulk of your hard-earned money continues to give pleasure and support to your children and grandchildren. We are also aware that your case is unique and that you may require, for example, the establishment of a special needs trust, spendthrift trust, or pet trust.
Government Entitlement Programs
Our capable attorneys will help you to navigate the sometimes convoluted pathways to government benefits such as Medicaid, which can provide welcome additional income or services as you grow older.
Medicaid
Medicaid is a state and federal program that provides health coverage only if you have a very low income and few assets. Even so, our savvy attorneys can arrange your estate in such a way that most of your assets are in Qualified Income Trusts (QITs) so they will not count against your eligibility for Medicaid. This is an important advantage because if, at some point, you require long-term care, and nursing home expenses are extremely high, using up tremendous amounts of money in a few years. It should be remembered that Medicaid has a look-back period of five years, so QIT trusts must be set up five years in advance of your possible need for Medicaid benefits.
Planning for Incapacity and Long-Term Care With a Houston Elder Law Attorney
As competent, compassionate elder law attorneys, the lawyers at Your Legacy Legal Care are also well-equipped to assist with preparing other documents to assist in your long-term care if you become incapacitated. Such documents include powers of attorney and living wills. The former give power to a loved one to manage your financial and/or personal affairs if you become incapable of doing so. The latter instructs your family and medical personnel concerning precisely which measures you want taken to keep you alive when you are at the end of your life.
As you can see, there are many legal measures to be considered as you age. The elder law attorneys at Your Legacy Legal Care are ready to assist you with all of them. You will find our advice to be carefully thought out. We always take into account the depth of feelings involved and guide you towards decisions and actions that you are comfortable with. You can contact us by phone or by filling out one of the contact forms on our website.
