Long term care planning: protecting the family home and assets
Estate planning, including wills, trusts and powers of attorney
Guardianships and conservatorships for incapacitated persons
Medical and end-of-life decision-making
Applying for Medicaid, Social Security, and Medicare benefits
Probating a will and transferring property after death
Will contests and probate litigation
Controlling estate and inheritance taxes
Elder abuse, neglect and financial exploitation
Special needs trusts for disabled beneficiaries

Understanding your options is just the first step in the process of resolving these issues. When you need that understanding, find the people with experience, knowledge, and an ethic of care - the attorneys and staff of Vincent, Romeo & Rodriguez, LLC.

Elder Law Issues

Medicaid Planning: Click on this link to see our detailed pages on this topic and learn how you can help your loved one get the nursing home help he or she needs while preserving family assets.

Estate Planning

Planning in advance for your family can help them avoid unnecessary problems that complicate and delay their ability to receive the benefits and protections they deserve. Professional estate planning allows you to ensure that the property you designate will go to the people you designate after your death. Legal advice for estate planning may avoid expenses that deplete the value of the estate you pass on to your heirs. There are several ways to accomplish your objectives based on your unique circumstances. Wills, a variety of trusts, different forms of property ownership, and insurance are just a few of the many tools available for estate planning.

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 settlor (the donor) or as a part of a last will and testament. We are experienced at both drafting supplemental care trusts and advising the trustees on proper distributions.

Powers 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. We recommend that all adults have both a financial power of attorney and a medical power of attorney. Serious consideration should be given to having a living will as well, which provides that no 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.

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.

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, Christine 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.

Will Contests and Probate Litigation

It is estimated that ten billion dollars in assets will pass from the current elder generation to their children over the next several years. Unfortunately, wills are not always clearly drafted, the testatorís capacity may be questioned, allegations of undue influence may be made, etc. Will contests are the fastest growing area of litigation in the country. Our firm has handled complex cases involving the validity of wills and trusts, and our team of experienced trial attorneys can help you evaluate your case, reach an out of court settlement, or aggressively pursue a verdict in your favor.