Elder Law

Totally committed to client service

As people age, planning for their future becomes crucial. The Law Offices Of Sawyier & Williams, LLP assists older clients and those who care for them in creating practical estate plans, including Medicaid plans, durable powers of attorney, healthcare proxies, and living wills. We also help handle long-term healthcare issues, including guardianships.

Because Medicaid only covers long-term care expenses if the recipient meets strict income and asset requirements, it is important to consider long-term care insurance, life settlements, and reverse mortgages. You should also start planning early in anticipation of the possibility of extended nursing home stays.

Powers of attorney

Broad-ranging durable powers of attorney continue in effect despite the legal disability of the person who grants them (the principal). These documents are so important in estate planning that the AARP recommends that every one of its members should have such powers in place for both property transactions and health care. Otherwise, if a person becomes disabled, there is no legally effective alternative to a guardianship. Guardianship is an expensive, intrusive and time-consuming (for the guardian) court-supervised procedure. Our firm has assisted many clients in establishing these necessary powers.

Guardianship

If a person becomes incapacitated physically or mentally without valid durable powers of attorney in place, a court normally appoints a guardian or conservator to handle that person’s affairs and make all decisions. Even if that guardian is a close loved one (for example, a spouse), he or she must answer to the court for all decisions. This can quickly become cumbersome, expensive, and needlessly complicated. Therefore, it is extremely important to plan for the possibility of incapacity so that a trusted family member or other person will have the power to act on behalf of the beneficiary who wishes to confer that power, should an emergency arise.

Our estate planning always includes durable powers of attorney for property and health care in order to prevent the need for a guardianship. However, to reemphasize, if for any reason a loved one does not already have these powers of attorney and becomes incapacitated, it is then too late to create them; a guardianship then ordinarily becomes necessary to manage the incapacitated person’s affairs. Our professional team is experienced in all procedures and other matters of guardianship.

Long-term health care

Long-term health care insurance is a form of asset protection for many clients. However, you must take great care to obtain the best-suited policy. The same is true for long-term care contracts, including all kinds of assisted-living arrangements. These can be very beneficial or not depending upon the details. With our extensive experience in contract law and network of contacts in these fields, we can help you choose the right plan.

Medicaid applications

Failing to plan for long-term care can result in the need for Medicaid assistance. However, applicants will only qualify for Medicaid once almost all of their non-exempt assets have been spent down, often to the nursing home. Planning for the exemption of various assets and for the maximum deferral of any Medicaid recovery from a Medicaid recipient’s estate can thus become crucial. Our firm will assist clients with the federal and state requirements, the application process and, if necessary, the appeals process.