Elder Law and Special Needs Law


What is Elder Law?

Elder Law varies from, but nevertheless enhances traditional Estate Planning. Elder Law includes planning and decision-making connected to the growing health care needs that arise with aging. For example, the practical and careful use and preservation of assets are crucial to the planning needs of seniors. And, while everyone hopes that aging will not lead to incapacity, the possibility of age-related incapacity is also something to be considered. At Delgado Law, we counsel clients in connection with planning for aging, illness, incapacity, disability, and the expenses of long-term care. We concentrate on elder law, estate planning, and closely associated areas of the law. Our goal is to create tailored solutions, whether our clients wish to plan in advance of a healthcare need or are in current need of legal help. 

Elder Law is a field that covers a wide range of subjects. We can advise clients in connection with the following Elder and Special Needs Law issues: 

Planning for Incapacity – Our goal is to help clients avoid the need for Guardianship proceedings by preparing for their possible incapacity with such documents as Advance Health Care Directives, Health Care Proxies, and Durable Powers of Attorney.

Public Benefits Eligibility – The approaches used to maximize the accessibility of public benefits programs like Medicaid are unique to each individual. Working with our clients and their families, we design a plan that will maximize the retention of public benefit eligibility.

Special Needs Trusts and Supplemental Needs Trusts – We counsel clients with regard to the use of Special Needs Trusts and Supplemental Benefits Trusts for minors or adult children with disabilities. Asset protection becomes vital when one is faced with a lifetime of caring and providing for a person with disabilities. We can work to safeguard your estate so that it can be continue to improve their lives while still maintaining eligibility for public assistance.

Estate & Trust Administration - From the initial probate of your will to the delivery of property to your beneficiaries, we can help you plan and implement every aspect of administrating an estate.

Long-Term Care Planning – A long-term care plan expands the traditional estate plan to (a) provide for access to care for the client, his or her spouse, partner, or dependents, and (b) develop an approach to fund said care. Preservation of family assets hinges on implementation of proper planning and we work with our clients to put a care management system in place that will protect their family’s future. 

We know that each person’s needs are unique, so we first listen, then explain your options and guide you toward making a decision that is in your best personal and financial interests. Ultimately, we strive to put in place the protection and care that you and your loved ones deserve for years to come. Please feel free to contact us for a free consultation.