Elder Law

Seniors today are living longer and are remaining active into their later years. This advancement in years presents a new and unique set of legal concerns facing today’s seniors. In the past, seniors prepared for their advanced age by ensuring that an estate plan was in place. While still an important piece of the puzzle, this is simply no longer enough to prepare for the future care needs they may face. Family relationships have become more complex with increases in blended and nontraditional families. The need for a clearly defined surrogate decision maker is imperative. Additionally, decisions regarding housing and medical care require preparation; the possibility of incapacity must be addressed. As the cost of these services continues to rise, planning for our later years is increasingly necessary.

"Elder Law" is defined by the clients we serve, rather than having a strictly technical definition. It is a diverse field of law that touches several other traditional areas of law. It was developed to help seniors and their family members handle the complex issues associated with aging. At HUCK & BRISSKE, LLC we focus on the needs of our elderly clients and take a holistic approach to handling the spectrum of issues facing them. By using a variety of strategies and techniques, we assist our clients to achieve their goals and objectives through compassionate legal counseling.

As with all types of planning, timing is critical. Many of our elderly clients are afraid that their life savings will disappear as they require increasing levels of care or when it becomes necessary for them to enter a nursing home. They fear that they will have to sell everything that they have worked their lives for, just to pay for nursing home care. But with proper planning, families can care for their loved ones while preserving assets for their continued use, for their spouses, and for their children and heirs.

The development of a well thought-out strategy is crucial to successfully preserving assets in the face of long-term care needs. We can help you and your family develop and implement such a strategy, taking into consideration the various federal and state laws and the various department practices and policies, and navigate the very complicated process of qualifying for available state and federal benefits. Often, the client will still be able to preserve assets and life savings for family.

We help our clients achieve a stable and comfortable living environment, financial well-being and long term health care, all of which we believe are essential considerations as we age.

Financial Well-Being: You worked hard for your money! Long term health and housing needs are becoming more and more expensive. At HUCK & BRISSKE, LLC we can help you protect the assets you have accumulated during your life and assist you in qualifying for available government benefits. Without careful planning, benefits may be denied, depleting precious and hard-earned assets that might otherwise have been used for the care of a loved one. We are available to help with:

Retirement Planning - pensions and other private benefits as well as social security entitlement
Special Needs Planning - often the preservation of private funds to supplement public benefits substantially improves the lifestyle of a disabled child or adult
Estate Planning - executing wills and trusts as well as property transfers can help achieve client goals
Medicaid Planning - detailed rules and regulations provide for and restrict planning options, therefore, special care must be given to qualifying for this government benefit
Veterans Benefits - eligibility and benefit levels are complex but offer additional support to military veterans and their spouses
Financial Decision-making - executing Durable Powers of Attorney and putting Trusts into place can allow a person to remain financially stable during illness or incapacity

Housing: For many seniors and their families, the question of how to provide safe, affordable residential options has become increasingly difficult. The loss of independence and having to move from the family home can be devastating. There are many options available:

Home Care - hiring a private duty caregiver or receiving home health care benefits
Continuing Care Facilities - living in independent housing with the guarantee as your needs increase, you will remain on campus
Assisted Living facilities - maintaining some independence while being provided some assistance with daily needs
Nursing Home Care - might include a short stay receiving their rehabilitation services or a long term stay ensuring all your care needs are met by qualified staff

Each of these options requires careful planning and legal consideration to ensure the best possible outcome for you and your loved one.

Long Term Care: As we live longer, we are facing a multitude of complex health issues which can affect not only our physical well-being but also our financial and emotional well-being. By preparing for the possibility of increasing care needs, you and your loved one will benefit from the peace of mind of knowing you will be cared for and your needs met.

Private Benefits - receiving employer based or long term care insurance benefits
Public Benefits - you may be benefit from Medicare, Medicaid, Medigap policies or Veterans Benefits
Health Care Decision-making - executing Health Care Power of Attorney, Living Wills and HIPPA Authorizations can assist in avoiding the need for a Guardianship

Special Needs Planning: Special needs planning often involves children with disabilities, for whom Special and Supplemental Needs Trusts are required. Protecting benefits being received by such individuals is often paramount, along with providing appropriate additional support and financial assistance. In many situations, the interests of a disabled child or adult must be balanced against the interests of other members of the family. We can help you and your loved one qualify for and maintain government benefits while preserving private assets to supplement these important benefits.