Elder Law

Elder Law with Care, LLC provides Life Care Planning in addition to traditional Elder Law services including estate planning, wills, trusts, powers of attorney, and health care directives, probate, special needs trusts, and guardianship.

Special Needs Trust

Sometimes called a "Supplemental Needs Trust" a Special Needs Trust purpose is to enable the donor to provide for the continuing care of a disabled spouse, child, relative or friend. The beneficiary of a Special Needs Trust will have access to the trust assets for purposes other than those provided by public benefits programs. More / Less »

In this way, the beneficiary will not lose eligibility for the public benefits programs. A Supplemental Needs Trust can be created by the donor during life or as part of their will.

Wills & Trusts

A will legally defines and declares how an individual wants their property to be distributed upon their death. A will does not go into effect until the individual dies and can be changed or revoked at any time prior to the individual's death. If an individual has no will at the time of death, it becomes the responsibility of the state to distribute the dead individual's property. More / Less »

Unlike wills, trusts are private documents and only those individuals with a direct interest in the trust need know of trust assets and distribution. Establishing a trust can provide several advantages depending on an individual's situation. One such advantage of a trust is their continuing effectiveness even if the donor dies or becomes incapacitated.

Estate Planning

Estate Planning is a necessity for anyone who wishes to be taken care of in their old age and ensure that family members are cared for after their death. Estate Planning is the preparation of a plan to carry out an individual's wishes as to the disposition of the individual's estate before or after the individual's death. More / Less »

Wills and trusts are essential Estate Planning tools. Estate Planning can minimize potential taxes and fees, as well as sets up contingency planning to make certain that the individual's wishes regarding the allocation of real and personal properties to their heirs is achieved. An estate is the total property, real and personal property, of an individual.

Probate

Probate is the legal process of transferring of property upon an individual's death. An individual formalizes their intentions as to the transfer of their property at the time of their death, such as a will and/or trusts. The probate process is a court-supervised process to sort out the transfer of property of an individual at death. More / Less »

The probate process may be contested or uncontested. Contested issues arise in the probate process often because of a disgruntled heir who is seeking a larger share of the decedent's property. The majority of probate estates, however, are uncontested.

Guardianship

If an adult becomes incapable of making responsible decisions due to mental disability, the court will appoint a substitute decision maker. This substitute decision maker is called a guardian. More / Less »

Guardianship is a legal relationship between a competent adult and the adult who is deemed incapable of making responsible decisions, thus unable to take care of their own affairs. Depending on the terms of the guardianship, the guardian may or may not have to seek court approval for various decisions.

Testimonial

"Elder Law with Care gave us hope.We did not have to do this alone.Janet assisted us with the estate planning documents. Betsy immediately began contacting facilities to make provisions for appointments and tours.We did not feel the need to hurry or rush our decisions.We felt at peace; no longer overwhelmed by circumstances.Betsy often visited the care facility to assure the level of care needs were being met. Elder Law with Care built a sincere trust factor.We are continuing to use their excellent, professional service."
- A Satisfied Client