Elder Law
Elder Law is a broad term encompassing many areas of the law affecting the lives of aging Americans and their families.
Elder law services offered by Harpeth Law attorneys include the following:
For more information about Estate Planning services at Harpeth Law, please click HERE to visit our Estate Planning pages.
For more information regarding creation of life plans, planning for asset maintenance and protection, Medicaid planning assistance, and conservatorhips, please click on the appropriate link on the right side of this page.
Life Plan
In the context of Elder Law, a 'Life Plan' describes a process by which a family plans for many of the possible issues an aging family member may face. At Harpeth Law, Caitlin Noe Moon assists families in identifying various components relevant to an individual's life plan. Once objectives are identified and resources located, a plan may be put in place which will meet specific needs.
A Life Plan starts with basic documents, including a living will (and other advanced directives as required by an individual's unique circumstances), a durable general power of attorney and durable power of attorney for health care. For more information about these documents, please click HERE.
A Life Plan may also include identification of other, necessary services for the benefit of the aging individual. These services could include personal care contracts with family members providing various forms of care, whether daily personal care or assistance with other matters (accounting, property management, etc.)
Asset Planning
How to manage and protect assets as an individual ages often poses great challenges for families. General estate planning often provides the best initial option for planning.
In some instances, more sophisticated planning may be desirable. While planning for protection of assets is complicated considerably by the laws and regulations regarding Medicaid, options may exist.
However, tranfering assets may affect an individual's eligibility for Medicaid, resulting in disqualification for some period of time. It is therefore important to understand the possible implication of asset transfers in advance of making a transfer.
Harpeth Law offers consultations with families regarding these various asset issues and how they impact the life and estate planning process for individuals who are considering long-term care options.
Medicaid Planning
Medicaid provides benefits to individuals who cannot afford to pay privately for long-term care (including nursing home care and in-home care). The rules and regulations governing Medicaid eligibility and benefits are numerous and complicated.
Medicaid is a joint federal-state program, and in Tennessee is administed through TennCare. In 2009, the Tennessee Legislature enacted the Long Term Care Community Choices Act, designed to expand alternatives to traditional nursing home care by increasing options for community-based and in-home care and services for those covered by Medicaid.
Navigating through the various considerations posed by Medicaid regulations is an important part of the planning process for someone anticipating the need for long term care. Understanding options and locating resources can simplify the proces considerably.
At Harpeth Law, Caitlin Noe Moon consults with families about these options and resources, as part of the estate planning process.
To learn more about estate planning services offered at Harpeth Law, please click HERE.
Conservatorships
In Tennessee, a conservatorship may be established for a person over the age of 18 years who is unable to care for him or herself, provided that all legal requirements are met.
The court-appointed conservator exercises legal control over the respondent (person who is the subject of the conservatorship action). The conservator's control is subject to the court's determination and its scope depends on the level of assistance required by the respondent.
At Harpeth Law, we work with families and caregivers of the elderly and disabled, to establish conservatorships. Recognizing the financial and emotional strain such actions can create, she strives to work closely with families to achieve efficient, thoughtful results.
We also work with families to pre-plan for future disability, through careful estate planning which includes powers of attorney. Often, with these documents in place, a conservatorship won't be necessary. To learn more about estate planning services at Harpeth Law, please click HERE.
Office Location
Franklin, Tennessee
2187 Hillsboro Road
615.595.7776 tel
615.595.2779 fax
cmoon_harpethlaw.com
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