Everyone’s estate plan is different. It may be that a simple Will is sufficient, or perhaps you have a need for a Living Trust. The most important thing to keep in mind when thinking about your estate plan is that there is more to it than just having the Will or Trust.
With our aging population, elder law is becoming more and more necessary. Elder law focuses on helping the elderly and their loved ones deal with legal during this time of life. Some elder law areas, such as estate planning, pertain to people of any age.
Guardianship / Conservatorship
If your family member is incapacitated and does not have a durable power of attorney, the court can give you guardianship over their personal decisions, including health care. A conservatorship may also be granted to manage and control their finances.
Special Needs Planning
If you or a family member has received SSI, Medicaid or other entitlements, receiving an inheritance or financial award due to the injury may create problems. For protection, a special needs trust should be created in your estate plan.
Social Security Disability
If you are no longer able to work and the condition that is preventing you from working is expected to last or has lasted a minimum of 12 months, you may be entitled to Social Security Disability or Social Security Supplemental Insurance.