Philip M Hawes, Esq

Philip M Hawes
Attorney & Counselor

Legal services for our aging population . . . .

What I Do and Don't Do. . .

Elder Law encompasses many different fields of law. An Elder Law attorney specializes in how to best use their knowledge in the areas of their practice to fit the needs of seniors and disabled clients. An Elder Law attorney also recognizes those areas of law that he or she does not practice and assists clients to locate counsel who provide those legal services. Perhaps the best way to inform you is with a list of those topics within and outside of my practice—what I DO and DO NOT DO:

In my practice I DO
• Traditional estate planning, including planning for the management of one's estate during life and its disposition on death through the use of trusts, wills, and other planning documents, taking into consideration retirement assets and benefits as part of a whole plan for the future.
• Disability planning, including use of durable powers of attorney, living trusts, "living wills," for financial management and health care decisions, and other means of delegating management and decision-making to another in case of incompetency or incapacity, including Conservatorships when other alternatives are not sufficiently available.
• Planning to qualify to receive Medi-Cal (Medicaid) assistance with health care expenses, including planning to preserve assets and avoid spousal impoverishment, especially when a spouse needs to enter into skilled care. Also, client education and advice on public benefits available for health needs such as Supplemental Security Income and other Social Security benefits, benefits for in-home care and support,
• Advice and assistance with the administration and management of trusts and estates, including preparation of accountings and income tax returns for decedents, estates and trusts and, when necessary, Probate proceedings.
• Advice on elder abuse and fraud recovery, including resources and referrals available to victims.

I DO NOT do:

Social security and disability claims and appeals
Supplemental and long-term health insurance issues
Medi-Cal applications, claims and appeals
Medicare claims and appeals
Social security and disability claims and appeals
Supplemental and long-term health insurance issues
Long-term care placements in nursing home and life care communities
Nursing home issues including questions of patients' rights and nursing home quality
Housing issues, including discrimination and home equity conversions
Age discrimination in employment
Health law, including claims for medical malpractice, wrongful death, and related civil matters.
Mental health law (aside from incapacity planning and general and limited conservatorships.
Also, I DO NOT do contested matters, such as court or administrative hearings involving elder abuse and fraud recovery, trust and will contests, and other matters where litigation skills are essential.

But, I DO consult with and advise clients in these matters to assist them in understanding what may be possible in their specific circumstances and, if the client intends to pursue such matters (especially contested matters), I will attempt to find a suitable referral to appropriate and competent as soon as possible.