Elder Law
Representing elders with compassion and helping them plan for incapacity, long term care and the disposition of their estates is a major focus of our services.
Planning for Incapacity
As we age, we all have an increased risk of losing some of our capacity to manage our own affairs. While still competent, elders can make decisions now to guide the way their affairs are to be conducted in the future should they lose the capacity to give such directions themselves. They can do this, for example, by executing a durable power of attorney, a health care proxy, a living will (or health care directive), a HIPAA Authorization and other types of directives (like a directive regarding funeral/burial/cremation wishes)
Long Term Care Planning
Aging also increases the likelihood that we will need greater assistance and support in our daily lives. At LaPointe & Days LLC we assist and advise clients who want to plan for the possibility of future increased living expenses and costs of care—whether for home care or for care in another setting. We provide advice on a variety of related topics, including (i) the uses of irrevocable trusts, (ii) ways to conserve assets and preserve the financial security of the healthier spouse or partner, (iii) planning for a disabled child, (iv) achieving eligibility for Medicaid benefits, and (v) protecting the personal residence.
Estate Planning
In addition to planning for our care as we age, it is also important to plan for the disposition of our assets after death. Elders, perhaps even more than our younger clients, need advice regarding planning their estates. Our Estate Planning services provide an assessment of the multiple factors involved in carrying out the client’s wishes for the disposition of their assets, and we draft appropriate and tailored documents to address each client’s own concerns and needs.
Special Needs Trusts
Do you have questions about Special Needs Trust? Check out this podcast where Attorney Michelle LaPointe highlights how to set up a special needs trust, the different types of special needs trusts, the importance of the POMS guidelines, and more.