Understanding Elder Law

The baby boomer generation currently spans the ages of 61 to 79 years old. While the youngest of the generation are consumed with making retirement plans, older individuals have a much heavier burden on their shoulders. These senior adults are concerned with putting their affairs in order, a task that can be time-sensitive and put family members on edge. In other situations, a family member may need to be appointed to manage the finances of an elderly relative or someone who lacks the capacity to make their own decisions.

What Services Are Provided by an Elder Law Attorney?

At Mette Law, we understand the gravity of the decisions you have before you. Whether you are looking to refine an estate plan, act in a fiduciary capacity for another, or reduce tax implications for your family members, our elder law attorneys have got you covered. Generally, elder law can involve the following:

Estate Planning

Although most of us think of estate planning as planning that you do to distribute your estate upon death properly, it is much more than that. A thorough estate plan also includes pre-mortem planning. This documentation establishes who will manage your finances if you are deemed incompetent or incapacitated, as well as who will make important health care decisions on your behalf. It is at your complete discretion to appoint whomever you choose in these crucial roles.

Medicaid Planning

Roughly 70% of adults 65 years of age and older will need to go into a long-term care facility at some point. In Pennsylvania, Medicaid covers the cost of long-term care services and health insurance for senior adults. However, you must meet the state’s asset and income requirements. For many of us who have worked a lifetime to build our nest egg, this often requires strategic planning to qualify. When you work with an elder law attorney, we will discuss the steps that should be taken if you someday require assisted care. Our legal team will also discuss with you the local facilities that best meet your needs.

Guardianship/Conservatorships

If a loved one is unable to handle their own healthcare or financial decisions, the court may appoint a guardian (for healthcare) or conservator (for finances). However, if your relative has already completed a healthcare power of attorney or financial power of attorney, appointing a fiduciary may not be necessary.

The appointment process depends on the court finding that the individual lacks capacity. This determination is typically made through:

• Professional evaluation – A licensed psychologist or skilled professional evaluates the person’s cognitive and social abilities.
• Expert testimony – The evaluator testifies about whether the individual can make and communicate their own decisions.
• Court ruling – A judge reviews the evidence and determines whether a guardian or conservator should be appointed.

If you are considering acting in a fiduciary role, our legal team can guide you through the appointment process and review your duties to ensure compliance with Pennsylvania law.

Special Needs Planning

Planning for when we are gone means more than just distributing assets. If you have a relative who receives government assistance but could benefit from additional support, you may consider establishing a special needs trust (SNT). By retitling assets into a trust, the individual with special needs can still qualify for public benefits. The Commonwealth recognizes three types of SNTs: Common-Law Special Needs Trusts, Payback Trusts, and pooled trusts. Understanding the benefits of each will help you make the best possible decision regarding your family member’s welfare.

Tax Planning

Although Pennsylvania does not have an estate tax, individuals who have an estate valued at more than $13.99 million are subject to the federal estate tax. However, Pennsylvania does recognize an inheritance tax, although spouses who own property in both their names are exempt from this tax. If you are interested in avoiding or minimizing estate or inheritance tax, our legal team is here to discuss your options.

Our Caring Elder Law Attorneys Offer the Support You Need

Planning for the unexpected or to ensure the comfort of an elderly or disabled family member can be a stressful process. At Mette Law, our elder law attorneys in Harrisburg, PA, are ready to assist you as you begin this journey. We understand that you likely have many questions, and we are more than happy to address your concerns. We believe that helping you understand the steps that need to be taken will only put you at ease. To get started, feel free to contact our office online or by calling (717) 232-5000.