Catastrophic illness can devastate a family's finances and lead to impoverishment for individuals or families. Planning in advance for the possibility of costly medical care can preserve assets including the family home. The best strategy to protect yourself from impoverishment is a strategy implemented early, but it is never too late. Even if you or your loved one have not engaged in planning to protect assets and are in need of medical assistance help is available.
Our office can assist you in planning for your future or current health care needs and will help you with your application for Medical Assistance (Medicaid).
Wills and Trusts
Executing a properly drawn Last Will and Testament, Revocable or Irrevocable Trust can help reduce or eliminate estate liability, ease the process of passing your property to those you hope to provide for upon your death, and save those left behind unnecessary expense and administrative burdens. Without a Will to provide for a guardian of the property or person of minor beneficiaries family members will be forced to engage in an expensive and time consuming court driven and supervised process. Special needs trusts provided in a Will help to ensure that a beneficiary who may have to rely on government benefits will not be denied eligibility and will have their luxury needs provided by his or her inheritance.
Advance Directives - Planning for Incapacity
A properly drawn General Durable Power of Attorney and Health Care Proxy can save your loved ones the expense and burden of a Guardianship proceeding should you become incapacitated. Planning for your incapacity allows you to control who will act on your behalf should you become incapable of doing so. Not planning will allow others to decide who acts for you in the case of incapacity. Courts are charged with the responsibility of protecting your interests should you become incapacitated without having given advance direction. The process of having a Guardian appointed to make decisions for you forces those caring for you to spend time and money on the court process rather than your care.
Estate Probate and Administration
Probate is the process of proving to the court that your Will is a valid will and having your Will admitted to probate so that your property may pass as you have planned. Administration proceedings occur when a decedent has passed without a valid will and the court is required to appoint to a personal representative to administer the property and pass property to heirs. The Administration process involves Probate and Administration proceedings in the Surrogate's Court and assisting personal representatives with identifying, gathering (marshalling) and distributing the assets of a decedent in the most efficient and cost effective manner.
Guardianship
If your loved one has become incapacitated and unable to make property or personal decisions, and has not provided for incapacity by executing a General Durable Power of Attorney and/or Health Care Proxy, a Guardianship proceeding may be required to allow someone to make decisions for him or her.