Power of Attorney

Consideration must be given to the possibility that someone may have to act for you or a family member in the event of disability by illness or injury. A durable power of attorney allows an individual to appoint someone else to act for that individual in the event he or she becomes unable to make certain decisions because of mental or physical incapacity. A "durable" power of attorney continues indefinitely until revoked and survives incapacity. We recommend that all adults have both a financial power of attorney and a medical power of attorney. Serious consideration should be given to issues concerning whether life-sustaining procedures will be utilized if a person's condition is terminal, irreversible and incurable. A medical decision maker can be given guidelines for making those decisions -- whether to refuse life support or to use all efforts to sustain life. A discussion with an attorney of the possible circumstances and applications of powers of attorney is helpful in determining what legal documents are appropriate.

Medicaid Planning

The decision to move a family member or loved one into a nursing home is one of the most difficult decisions you can make. Perhaps the move is being made because the family member can no longer care for himself or herself...or has a progressive disease like Alzheimer's...or has had a stroke or heart attack. No matter the reason, those involved are almost always under great stress. The burning question is this: how you can help your loved one get the nursing home help he or she needs while preserving family assets? We can help you answer that question. Good information is available to help you make the right choices for you and your loved one. CLICK HERE to view the Consumer's Guide to Medicaid Planning and Division of Assets.

Guardianships and Conservatorships

In some cases, a family member or loved one may become legally incapable of making his or her own personal and financial decisions because of mental illness, physical or mental incapacity, or some other disability. Without powers of attorney, a court proceeding may be required in order to appoint someone to make necessary decisions for such an individual, designated an incapacitated or protected person. A guardian makes personal and health care decisions for the incapacitated person, while a conservator makes financial and property decisions for the protected person. A guardianship and conservatorship may be either limited or unlimited, depending upon the circumstances and the degree of impairment of the person. Being a guardian and/or conservator is a position of responsibility and anyone taking on that duty must be aware of his or her role and accountability to the court. Our firm has assisted hundreds of clients in obtaining guardianships and conservatorships. We can often act very quickly to get your case into court in an emergency situation. We are also experienced in handling highly contested matters; for example, when family members cannot agree on the person to serve as guardian and conservator, and/or the best plan to protect the incapacitated / protected person.

Special Needs Trusts

A special needs trust (also called a supplemental care trust) is a unique trust designed to provide for the special or supplemental needs of a disabled beneficiary without causing a loss of Medicaid, SSI (Supplemental Security Income) or other public benefits. A supplemental care trust can be established during the lifetime of the settler (the donor) or as a part of a last will and testament. Special needs trusts are designed to supplement public benefits and not replace them, thereby maximizing use by the disabled beneficiary of their inheritance or personal injury settlement. We are experienced at both drafting special needs trusts and advising the trustees on proper distributions.

Social Security Disability and Supplemental Security Income

Knowing how to obtain and keep the disability benefits you deserve and what to do with an adverse determination from the Social Security Administration typically requires legal assistance. Our firm has a full time attorney, Christina Ebner, devoted exclusively to Social Security practice. Chris has represented hundreds of clients before the administrative law judges. Her knowledge of the law is exceptional, and she is well known as an expert in her area. Chris also has the compassion and empathy required in dealing with the disabled community.