Areas of Practice
Knowledge of the unique needs of the aging population.
Attorneys who practice Elder Law bring more to their clients than just an expertise in one area of law. They have broad knowledge of the senior population and their unique needs. They understand the physical and mental difficulties often faced by these individuals as well as the myths and misunderstandings that surround this same group. Elder Law spans and encompasses elder care planning issues, such as access to the appropriate type of medical and personal care, asset protection, income assistance benefits, additional public benefits, taxation and guardianship. It also involves general estate planning, estate and trust administration, wills, trusts, and probate, counseling and planning for incapacity. Attorneys can help with powers of attorney, nursing home contract review and living wills, as well as long-term care planning issues. Elder law attorneys are a resource to their clients because they understand their clients’ needs may extend beyond basic legal services and stay informed about and connected to the networks of professionals who serve the elder population.
Medicaid Planning / Medicaid Appeals
Planning is the key.
Medicaid (not Medicare) is the Federal-State health benefits program whose most important feature, for many people, is that it pays the cost of long term nursing home care for the elderly and disabled. Medicare does not. Your private health insurance does not either. Only long term care insurance provides this benefit. We handle all aspects of Medicaid long term care. We can assist you in planning for eligibility, arranging your assets to qualify at the earliest possible time, while setting aside as much as possible for yourself, spouse, children or grandchildren. We handle all aspects of applications, representing you at the local Medicaid office and, if needed, the office of the inspector general. We will monitor your case and handle every aspect of the application until we get a final determination. We also handle on-going disputes with Medicaid. This includes, for example, the problems that arise when a spouse dies or if you receive an inheritance, or sell your home while on Medicaid. Finally, we can also represent you with respect to any Medicaid Appeal case in regards to your decision. We will help you get these needed benefits for your lvoed ones.
Preserving your family’s wealth for future generations.
We can help with all aspects of trusts and estates planning, including:
Revocable and Irrevocable Trusts
Choosing the appropriate executor
Powers of Attorney
Estate Tax issues
Securing your legacy. You work hard for your family and certainly want to plan for their long-term well being and financial security. We thoroughly analyze your estate and strategize the best means of transferring your assets, minimizing taxes, establishing guardianship for your children, caring for your pets, supporting personal philanthropic causes and protecting your loved ones.
Draft your Living Will and Last Will and Testament. A Will is essential at every stage of your life. Your Last Will provides the opportunity to distribute your property, establish care for your children and otherwise express your wishes upon your death. A Will is necessary if you intend to leave property to someone other than a blood relative, such as a domestic partner, a friend or a charity. If you die without a Will, the court determines how your property is distributed, who cares for your children and even what happens to your pet – making decisions that might not agree with your desires.
Your Living Will allows you to communicate and control your decisions regarding end of life care. This Living Will assures that when you are most vulnerable, your wishes will be honored.
Changing your Will. It is inevitable. Your life changes. As these changes occur, so might your estate plan. You may need to update your Will throughout your life.
The Dorjath Law Center will draft valid codicils that address changes in your financial situation, marital status, number of children, philanthropic interests and general lifestyle decisions.
Appointment of guardianship. If you have minor children, your Will allows you to make decisions about their future care. This is especially crucial if you are a single parent or if both parents die in a common incident. If you do not name a guardian, the court will appoint a guardian for your children and can make decisions adverse to your parenting goals. Your pets are a part of your family too! You can also make arrangements for your pets’ care in your will, including who will take responsibility for your pets.
Probate and Trust Administration
When a loved one passes it can be difficult to know what to do next.
The Probate process often can be very scary for individuals and family members. "What do we need to do and when?" are questions I get all the time. And what if someone has a trust, then what changes about the process? Well, the first step is often to become educated about the process. Probate is the legal process whereby a will is "proved" in a court and accepted as a valid public document that is the true last testament of the deceased. The granting of probate is the first step in the legal process of administering the estate of a deceased person. We pride ourselves on educating you and assisting with the process every step of the way. We can assist you to make the process simple and to make sure that things are done correctly. Don't let worry freeze you in your tracks, we are here to help!
Special Needs Planning
Do you have a loved one with special needs?
Are they receiving aid through a state or federal program? Then you have extra considerations when planning for the future. You need detailed and well thought out planning. The Dorjath Law Center can help you to develop these detailed plans to ensure that your loved one with special needs is properly provided for over the long term. Our plan consisting of various legal tools, including special needs trusts, will allow you to rest assured that you will achieve your estate planning goals and correctly plan for your loved one.