This is a time when estate planning is important now, not the distant future, to provide trusted management of one’s estate, personal care, and health care decision-making. We want to plan well to anticipate incapacity and provide for surrogate decision-making, and for the preservation and disposition of our estate to our survivors and other beneficiaries. In doing so, we want to avoid the need for a conservatorship or a probate, both of which are expensive and undesirable alternatives for failing to plan.

Elder lawyers can help us with legal issues may arise with respect to available public benefits, such as Social Security retirement or disability benefits, Medicare payment of your medical bills, medical and long-term care insurance, VA benefits, etc. Financially needy elders may require Medicaid (Medi-Cal) assistance with the cost of medical and nursing care. Because this is a poverty-based benefit, there are opportunities to plan ahead to preserve as much of your resources as possible under Medicaid’s very strict regulations, and to maximize the resources and support available for your spouse and your family.

Persons with special needs may be eligible for Medicaid, Supplemental Security Income (SSI) and other types of benefits that are income and resource sensitive. Advance planning is critical to preserve your resources so that you can enjoy a better quality of life than these programs provide. Developmentally disabled persons and individuals suffering disabling personal injuries particularly require this type of planning.