Crisis And Non-Crisis Advance Planning Elder Law Attorney
Elder law is a general description of the type of planning we offer to clients of all ages. Elder law often includes planning for seniors (hence, the name “Elder” law), but it can also include planning for younger families and planning for minors and those with special needs.
When it comes to Elder Law planning, clients can be categorized broadly into two main areas: (1) Crisis Planning and (2) Advance Planning.
Crisis Planning typically involves a client:
- Who has been hospitalized or admitted to a nursing home for rehabilitation;
- Who has been diagnosed with a serious illness;
- Who is terminally ill and may die within a very short period of time; or,
- Who will undergo a significant surgery in a few days.
With a qualified elder law attorney like us, a client in crisis very often can engage in dramatic estate and elder law planning to achieve a host of important goals including:
- Ensuring they get the health care they need
- Qualifying for public benefits if available
- Preserving and protecting assets
- Ensuring their spouse does not become impoverished
Non-Crisis Advance Planning
Advance planning typically involves a client:
- Who wants to protect their estate and their assets for the future
- Who may have a chronic illness that makes them concerned about their future
- Who may have concerns about what happens if they require nursing home care
- Who may want to minimize estate taxes or other estate planning goals
Advance planning almost always offers more options than crisis planning because of the benefit of time. Some Estate and Elder Law strategies may need to be in place for five years to get past the Medicaid five-year look back period before they are fully effective. That said, there are important strategies available that do not require a five-year look back.