Elder Law

Long Term Care Planning

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Advance Directives

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A Legal Guide For Elders
Paul C. Moors
Elder Law Attorney

An easy to understand explanation of solutions to legal issues encountered by our Elders and their families.
$13.95 plus Tax & Shipping

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Elder Law
An Elder Law attorney is a specialist in areas of the law that focus on legal issues that affect elders themselves, their spouse, and/or their children. Although the general population may have the same issues from time to time, it is the elders that often have greater need for Guardianships, Conservatorships, and Long Term Care Planning. 

When someone you love can no longer make responsible decisions about their health and/or finances it may be time to have a guardian and/or a conservator appointed; then one's health and assets can be protected. Should there be a need for a nursing home, the cost can destroy the life savings of most families. An Elder Law Attorney can help individuals and families protect assets for their personal use rather than have it all go to a facility. Click here for more information about Elder Law.

Long Term Care Planning
Sadly, we have, all too often, had folks come into our office asking for help in obtaining financial support for someone in a nursing home after they have all but exhausted the family assets. That does not have to happen. The law allows for the setting aside of some, or all, of one's assets before it is all paid to a nursing home. Our goal is to avoid depletion of assets when long term care is required, whether at home, in an adult care facility or a nursing home. In Arizona, a nursing home can easily cost $3,000 - $4,000 per month. To preserve assets when faced with long term care we will help you navigate the process of getting governmental financial assistance before all funds are spent on a nursing home or adult care facility. Click here for more information about Long Term Care Planning.

Wills & Trusts
Two issues present themselves here. The first is to minimize, wherever possible, federal and state death taxes. This is usually accomplished with a Trust. It may or may not be the best idea to set up a Trust. Fear of probate is not a good basis for deciding to create a Trust. Make the decision based on your needs after talking to an attorney familiar with Trusts.

The second issue is to ensure, through a Will, that your wishes are carried out and possessions distributed exactly as you desire. That may be in direct distributions to family and/or charities or the establishment of a Special Needs Trust to safeguard a family member unable to care for themselves. In most cases, it is a kindness to the family to have a Will in place to help the survivors deal with decisions at a time of great emotional distress. A Will can often avoid family confrontations over specific personal items. Click here for more information about Wills & Trusts.

Advance Directives
Advance directives are documents prepared while an individual has all of his/her mental capacity.

Advance directives include Living Wills and Powers of Attorney. These documents set forth the person's desires and instructions to ensure that everything will be done as they would desire in case illness or mental deterioration impairs competent decisions. These directives provide for health care and financial management. It is strongly recommended that you put in place a Power of Attorney naming a trusted party who would make appropriate healthcare and/or financial decisions should the time come when a person is no longer competent. Having Powers of Attorney in place will usually avoid the cost, trauma and time involved in obtaining a Guardianship or Conservatorship. Click here for more information about Advance Directives.