Planning for the unknown can be an uncomfortable subject, causing many people to procrastinate when it comes to long-term care planning or setting up a trust for a special needs family member. Whether it be setting up a trust for a disabled individual or Medicaid planning, the York estates and trusts lawyers at Mette Law have you covered.

We have years of experience handling various legal issues, making families feel at ease financially and emotionally. Based on your family’s needs, our firm will recommend specific planning to protect your assets, avoid tax implications, and ensure that aging parents are cared for when they need daily assistance.

Long-Term Planning

Approximately 70% of us will require assistance with daily activities at some time in our lives. For those who do need assistance, the lawyers at Mette Law are prepared to help senior adults and their families with long-term care options. In some cases, applying for Medicaid may be an option for your family member. With most states having strict asset limits for Medicaid eligibility, including Pennsylvania, our legal team must determine the best course of action to spend down your assets.

While you can transfer assets to your spouse without penalty, the same does not hold for transfers to other family members. Gifting to children or grandchildren can make you ineligible for Medicaid benefits if done within five years of applying for long-term care. This is known as a transfer penalty, which will disqualify you from benefits. The income and asset requirements can make applying for Medicaid a headache, making it essential to retain experienced counsel.

Guardianships & Conservatorships

If you have a family member who cannot handle their affairs, appointing a guardian or conservator may be necessary. In both court-appointed roles, guardianship involves appointing someone to handle the medical decisions of an incapacitated person, while conservatorship handles the person’s finances and property distribution.

According to 20 Pa.C.S. §5501, an incapacitated person is someone whose ability to communicate and evaluate information is impaired, making them unable to handle their finances or take care of themselves.

To be appointed as a guardian or conservator, you must file a petition in the county where the incapacitated person lives. The court will have a hearing to determine if the guardianship is warranted and if you are suitable as the incapacitated person’s guardian. If you are potentially interested in being the guardian of an older relative, our estates and trusts lawyers can review your responsibilities and the court process of applying so you know what to expect.

Special Needs Planning

If you have a loved one with special needs, you must plan how they will be taken care of when you are gone. This may involve creating a Special Needs Trust (SNT), which will set aside assets to supplement the government benefits the individual is already receiving. An SNT provides additional income to a special needs person (known as the beneficiary) while not disrupting government benefits. An estate and trusts lawyer can inform you of the different types of SNTs and their functions to help you decide which is right for your family member.

Our Estate and Trust Lawyers Advocate for Your Family’s Needs

Planning for the future is never easy, so you must work with an experienced lawyer who can help you navigate the process. Our estate and trust attorneys in York, PA, have assisted numerous families based on their unique needs.

While relationship dynamics can create added stress during a difficult time, our legal team is prepared to help you reach a practical solution. If you are interested in learning more about our services or scheduling a consultation, contact us online or call (717) 232-5000 today.