Elder Law Firm

As we age, we encounter a number of challenges in our lives. Proactive planning can create a more secure and enjoyable retirement. The time and effort you invest now can make your golden years smoother and less stressful as well as help alleviate from your loved ones the burden of your care and final arrangements.

At Pitta & Baione LLP, our elder law attorneys help clients in addressing the unique legal needs related to aging, such as long-term care planning, access to government benefits, the creation and enforcement of financial planning documents like wills and trusts, and probate or administration of the estate of a deceased loved one.

Estate Planning

Everything you own, including life insurance policies, bank accounts, and investments, must go somewhere when you pass. An elder law attorney can help make sure your estate is distributed according to your wishes, avoiding potential disputes and ensuring your loved ones’ peace of mind. While many estates would not be subject to estate taxes, an elder law attorney can help to review and plan to minimize potential estate tax liability.

Durable Power of Attorney

Having the ability to make decisions concerning one’s health, finances, and estate allows us to have autonomy over our lives. However, when we age or suffer from a medical setback, we need to seriously consider who can make decisions on our behalf.

An agent named under a durable power of attorney serves as a person elected to step in to make financial decisions. A person’s ability to choose this representative while they are able gives them more control over future decisions, along with peace of mind knowing they can trust the person they have chosen. The powers given to the representative can be as broad or as limited as you are comfortable delegating.

Living Will

A living will is a form of advanced directive that allows a person to control their medical care when and if they become unable to do so. A living will helps an individual remain in control of the decisions that are made about them and how their care is handled, even though they have become unable to make those decisions. Living wills often include a person’s wishes or declaration of choices about the use of CPR, life support, artificial ventilation, nutrition, and hydration.

Health Care Proxy

An agent named under a health care proxy is a person designated to make medical decisions for another if they cannot make them for themselves. Your hospital, doctor, or healthcare provider must follow the instructions of your health care proxy, should you lose the ability to make those decisions yourself. You can give your health care proxy as little or as much authority as you want.

Medicaid Asset Protection Trust

Many people will need some level of long-term care as they get older. Even with meticulous planning, the cost of long-term care such as home attendant services or nursing home care, can be exorbitant.

With the high cost of long-term care, many people are looking into potentially accessing Medicaid to help with those costs. Medicaid is a government health insurance program that covers long-term care costs including home attendant services and nursing home care. However, Medicaid is only available to those who qualifies within the income and asset limits of the program. Our elder law attorneys can help individuals understand the eligibility guidelines and create a long-term care plan which may enable future eligibility for the Medicaid program.

A Medicaid asset protection trust (MAPT) is a commonly used legal document to protect ones assets such as a home or savings by transferring those assets into the name of the trust. Assets held in a properly drafted MAPT is not counted for Medicaid eligibility. Our elder law attorneys can review whether a MAPT is appropriate tool for your long-term care planning.

Revocable Living Trust

A revocable living trust is one type of trust agreement that allows people to outline how they wish their assets are to be managed and distributed after their death.

While a person is alive and able to make decisions, they remain in control of the their revocable trust and have the ability to amend and revoke it. If they become incapacitated or pass away, their successor trustee steps in to help ensure that the trust is properly administered. A revocable living trust eliminates the need for assets to pass through the court procedure of “probate”, thereby eliminating delays, expenses, and unwanted publicity.

Probate or Administration of Estates

When we experience death in the family, the issue of accessing and distribution of the deceased person’s assets is common. Whether the deceased left significant assets or minimal amounts, loved ones likely will need guidance to access those assets, identifying those who are to inherit and properly distributing those assets. Our elder law attorneys can help families navigate the various paths to properly handle the deceased person’s assets. This may include a court process such as a probate proceeding in which a Will is presented to the court to be recognized and appointing an executor or an administration proceeding in which the court recognizes the heirs and appointing a representative of the estate.

Key Issues in Elder Law

Elder law is highly nuanced, and having an experienced elder law attorney to help navigate issues relating to our aging population is essential to making sure a person is able to remain in control of their medical and financial decisions and plan for long-term care.

Healthcare Costs and Long-Term Care

If you are planning for retirement and long-term care, it is advisable to consult with an experienced elder law attorney who can help determine how to pay for future healthcare needs, including long-term care facility and home care services, if necessary.

Estate Planning and Asset Management

An elder law attorney can guide you on estate planning to help protect your assets and ensure they are available for future generations. An elder law firm can assist you in formulating a comprehensive plan that addresses your unique needs, such as wills, trusts, or powers of attorney. They can also advise you on strategies to minimize estate taxes and ensure your assets are distributed according to your wishes.

Why Choose Pitta & Baione LLP for Elder Law Matters?

A person’s life is their own, but with age, they may face declining health or mental capacity. Planning for these times is essential in ensuring that their wishes are respected and that the final years of their life are managed in the way that they want. At Pitta & Baione LLP, our team of experienced elder law attorneys understand the necessity of preparing well for the future. Our attorneys help aging adults and their families make the best decisions about their care and assets, ensuring that resources are available to keep our older adults active and comfortable.

Contact us today to learn how we can help.