Health care planning allows you—not a court or medical institution—to decide who should speak for you if you cannot communicate your wishes.

• Appoint a trusted healthcare agent

• Name alternate agents

• Prepare living wills and other advance directives concerning end-of-life care

• Authorize access to protected medical information

• Address organ donation and disposition wishes

• Communicate health care preferences to family members

Clear documents reduce uncertainty and help prevent disagreement among family members during already difficult circumstances.

• Expanded durable powers of attorney

• HIPAA authorizations

• Selection of trusted agents and successor agents

• Guidance regarding financial and health care decision-making

• Review and coordination of existing legal documents

A well-drafted power of attorney does far more than authorize someone to pay bills. It gives trusted individuals the legal authority they may need to protect you and implement planning if you become unable to act for yourself. Your powers of attorney may include authority to address:

• Banking and investment accounts

• Real estate transactions

• Tax matters

• Business interests

• Trust and estate planning

• Medicaid applications and planning

• Insurance and retirement benefits

• Digital assets

• Lifetime gifting, when appropriate

• Payment and coordination of long-term care expenses

We tailor these powers carefully. A generic or narrowly drafted document may not provide the authority needed when a crisis occurs.

No one can predict what care will be needed in the future or what that care will cost. We help clients prepare for the possibility of home care, assisted living, rehabilitation, or nursing home care while preserving as much flexibility and financial security as possible.

• Evaluating anticipated long-term care needs and available resources

• Reviewing Medicaid eligibility requirements

• Planning around Medicaid look-back periods

• Advising on home care and nursing home Medicaid

• Coordinating private resources, insurance, Medicare, and Medicaid benefits

• Developing strategies to protect a spouse who remains at home

Because Medicare generally does not cover ongoing custodial long-term care, Medicaid planning can be an important part of preparing for extended care needs. A Medicaid asset protection trust may help preserve a home and other assets while positioning an individual to qualify for Medicaid long-term care benefits in the future.

• Determine whether a Medicaid asset protection trust is appropriate

• Understand what may be transferred to the trust

• Select trustees and beneficiaries

• Retain appropriate rights and protections

• Transfer real estate and other assets into the trust

• Understand the applicable Medicaid look-back period

• Coordinate the trust with the broader estate plan

• Address tax, basis, and capital-gains considerations

These trusts are not right for everyone. We carefully evaluate whether the potential protection justifies the restrictions and whether the plan leaves the client with sufficient access to income and other resources.

Lifetime gifting can help support loved ones, reduce the size of a taxable estate, and advance long-term wealth preservation goals. However, gifts can also create unintended tax, Medicaid, and financial consequences.

We advise clients regarding:

• Gifts to children and other family members

• Transfers of real estate

• Gifts in trust

• Estate and gift tax considerations

• Capital-gains and basis consequences

• Medicaid transfer penalties

• Protection of assets for a spouse or future generations

• Retaining sufficient resources for the client’s own needs

Our objective is to balance generosity and asset protection with the client’s continued independence and financial security.

When an older family member needs help, relatives are often required to make important decisions quickly and without a clear understanding of their legal options. We provide practical guidance so families can make informed decisions with greater confidence and less conflict. We counsel families regarding:

• The authority of agents under powers of attorney and healthcare proxies

• Paying for and arranging care

• Home-care, assisted-living, and nursing-home options

• Family responsibilities and decision-making roles

• Protection of the older person’s assets

• Warning signs of incapacity or financial exploitation

• When guardianship may be necessary

• Communication with health care and financial professionals

Planning for aging is not only about illness. Older adults are increasingly targeted by scams, financial exploitation, and undue influence. The right plan allows someone trustworthy to act promptly if a problem develops, without first having to obtain authority through a court proceeding. We help clients create protective structures that may include:

• Appointing trusted financial agents

• Naming backup decision-makers

• Limiting or carefully defining an agent’s authority

• Using trusts to protect and manage assets

• Establishing oversight and accounting requirements

• Coordinating with financial institutions and advisors

• Creating a plan for intervention if concerns arise

• Reviewing suspicious transactions or changes to legal documents

• Caregiver coordination

• Guardianships (when necessary)

• Special needs planning for a surviving spouse

• Estate updates after retirement or widowhood