Valerie A. Powers Smith handles special needs and elder law matters for the firm.
What is Elder Law?
Elder Law, a relatively new development thanks to prolonged life expectancy, is a branch of the law that serves the needs of the elderly and the disabled as well as their family. As many of you who are caregivers may already know, Elder Law covers an impressive range of client issues, both legal and financial.
The right elder law attorney can guide all involved through the intricate ins and outs of any situation that could arise, protecting the rights and welfare of seniors and their family members. Just a small sampling of the issues an Elder Law attorney might need to address are guardianship, conservatorship, power of attorney, estate planning (wills and trusts), Medicaid planning, probate and estate administration, and advanced directives.
SBEMP’s Special Needs & Elder Law practice group provides representation and advocacy for individuals and families with special needs due to disability or age, providing a broad range of services, including; but, not limited to the following:
- Special needs trusts (SNT)
- A First Party or Self-Settled (a.k.a., d(4)(A)) SNT is funded with the assets of the individual with special needs, which typically come from settlement funds derived from a medical malpractice or personal injury lawsuit or assets the individual with the disability has accumulated or inherited. The purpose of creating such an SNT is to preserve current and future eligibility for means-tested governmental programs for the individual with the disability.
- A Third Party SNT is funded with the assets of family and friends (a.k.a., third parties) for the benefit of an individual with special needs.
- Guardianships & Conservatorships
- A Guardianship or Conservatorship of the Person grants powers to the guardian over the incapacitated individual to make decisions regarding everyday matters such as medical care, residency and living arrangements, education, employment, and recreational activities.
- A Guardianship or Conservatorship of the Estate or Property grants powers to the guardian to exercise decision making with regard to the incapacitated individual’s finances.
- Trust, guardianship, and conservatorship accountings
- Access to federal and state disability based programs
- Medicaid planning
- Medicaid, Medicare, and private health insurance coverage
- Special Education
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.