The attorneys in the Elder and Special Needs Section work with individuals and their families to plan for those who have disabilities or concerns regarding asset protection and long-term care needs.

Elder and disability law addresses complexities beyond traditional estate planning that are specific to the aging and disabled populations. Planning for these populations often focuses on asset protection planning to preserve wealth, to foster decision making and placement, and to access public benefits. Planning for current or future incapacity and long-term care costs is highly individualized and strategies may include advance directives, supported decision making, special need trusts, irrevocable trust and/or limited or full guardianships. 

For example, the financial planning for elderly and disabled individuals may include an irrevocable trust or special needs trust to safeguard assets while maintaining eligibility to qualify for essential public benefits. Managing the decision making of an elderly or disabled individual may be addressed through powers of attorney for health and finance or in some cases a guardianship.

Vulnerable individuals are often in need of protection, and we are experienced in guardianship and fiduciary litigation to address abuse, exploitation and related legal issues.

The focal point of our work in elder law is in helping clients and their families navigate the long-term care system. Facing declining cognitive and physical independence, choice of care settings, and the unexpectedly high cost of long-term care without a plan can be emotionally and financially overwhelming. Our work includes revisiting the family’s estate plan to confirm current goals are being met, offering creative and unique asset protection plans while achieving eligibility for benefit programs that provide financial assistance for long-term care, analyzing long-term care facility admission agreements to confirm rights are preserved, and counseling and educating families on the various benefit programs that provide financial assistance for long term care (Medicaid, Family Care, IRIS, etc.) and how to proactively anticipate the challenges that arise when individuals and their loved ones require long-term care.

We have extensive experience with long-term care planning and have authored several resources on the subject:

• Long-Term Care Planning Terms
• Long-Term Care Asset Protection Planning

• "Long-Term Care Asset Protection Planning" five-part video series:

Part 1 - Introduction to Long-Term Care Planning

Part 2 - Basics of Medicare, Long-Term Care Insurance and Medicaid

Part 3 - Medicaid Financial Eligibility and Spousal Impoverishment Protections

Part 4 - Medicaid Divestments, Estate Recovery and Eligibility Planning

Part 5 - Medicaid Eligibility Planning with Trusts, Exempt Assets, and Annuities

Parts 1-5 (Combined)