Practice Areas

Elder Law Dysart Taylor

Elder Law

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As physical and mental illnesses become more frequent and people live longer, the potential need for long term care services is becoming more of a reality for many families. These services can be very costly and can quickly deplete any assets and material legacies that you wish to pass on to loved ones. We help families consider options now for how to protect these assets in the future.

Long term care planning is overwhelming for many families. We have the skills and experience to help you implement effective planning with ease. We help you understand what is available through Medicare and help you organize your estate in a manner which may maximize Medicaid eligibility.

Medicaid Planning

Medicaid is able to cover costs of medical bills and extended long term care services that would not be covered by Medicare. Medicaid provides coverage based upon income and need. While there are strict and evolving eligibility guidelines, there is still planning that can be done to maximize your eligibility for Medicaid.

Medicare Planning

Medicare is health insurance which may cover the cost of hospitalization, doctor bills, and limited nursing home or assisted living stays. However, Medicare will usually not cover extended long term care services. Extended long term care costs may need to be covered privately which can easily exhaust assets within one’s estate.

We take a thorough inventory of your assets, liabilities, income, and future long term care expenses. We assess your future objectives, plans for protecting your spouse, and goals for transferring wealth to family members. We work with you to enhance your eligibility while managing your assets in a manner which you are confident will achieve your goals.

We have extensive experience addressing Medicare and Medicaid concerns. We have the knowledge and skill to help you evaluate your needs and create effective financial planning within the law. We also have the compassion and experience to address advanced directives or guardianships and conservatorships, and estate planning.

Patient’s Rights

The decision to enter an assisted living facility or nursing home can be difficult for the entire family and is highly personal for everyone involved. We will work with you to ensure that you or your loved ones’ rights and choices are always respected in an assisted living or nursing home facility.

Residents’ Rights are guaranteed by the federal 1987 Nursing Home Reform Act. The law requires nursing homes to “promote and protect the rights of each resident.” Long-term care and assisted living facilities are required to respect the rights of their residents and patients. We will vigorously defend and protect their rights including, but not limited to:

  • The right to freedom from abuse, mistreatment, and neglect;
  • The right to freedom from physical restraints;
  • The right to privacy;
  • The right to accommodation of medical, physical, psychological, and social needs;
  • The right to participate in resident and family groups;
  • The right to be treated with dignity;
  • The right to exercise self-determination;
  • The right to communicate freely;
  • The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility; and
  • The right to voice grievances without discrimination or reprisal.