Elder Law/Disability Law

As baby boomers grow into their mature years, and as their parents grow older and live longer than the generations that came before, the need for legal answers to address the issues of aging and the preservation of family assets has grown increasingly important. At Schenck, Price, Smith & King, we can provide those answers and help clients to achieve the security and peace of mind that they desire.

The Tax, Trust and Estate Department of the firm includes highly experienced elder and disability law attorneys who advise clients in connection with elder and disability law and planning for aging and incapacity. This includes not only general estate planning, but the following areas as well:

• In planning for aging and incapacity, we advise clients about Living Wills, Health Care Proxies, and General Durable Powers of Attorney, and we prepare those documents to serve our clients' needs. We also prepare living trusts to ease long term caring for an elderly or incapacitated individual.

• We counsel clients with minor or adult disabled children in the areas of long range habilitation planning regarding appropriate residential and workplace alterations for the disabled child together with asset protection for the lifetime care and support of the disabled child through appropriate special need trust planning.

• We advise clients regarding the protection of their assets and the availability of government benefits in the event of incapacity, including Medicare, Medicaid, SSI and similar programs. We advise clients about the use of lifetime gifting and irrevocable trusts in connection with asset protection, and the use of long-term care insurance.

• While we encourage our clients to plan ahead to ensure the maximum possible control over how future needs will be addressed, advance planning is not always effectuated. In such instances, court-supervised arrangements may be available to protect the elderly and disabled. The department works in conjunction with the firm's litigation attorneys who are experienced in such matters, to handle guardianship and conservatorship proceedings when incapacity strikes before such planning and preparation are accomplished.

For Additional Information Contact Gary Mazart or Shirley B. Whitenack