Winchell Law & Associates LLC

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Elder Law

If you or someone you know needs assistance due to advancing years, we can provide you with legal options that may make things easier. We can provide powers of attorney so a family member can help with making appointments and handling finances, we can put an estate plan into place to make assets last. If someone you know is being exploited or taken advantage of we can stop that and work to recover what has been lost.


A well written will can be the difference between having your wishes carried out and having a court decide who gets what.  The laws about wills changed in 2007, so even if you have a will there may be problems if it was written before that.  We can write a will that reflects your wishes, and can also provide any supporting documents needed to make sure those wishes are carried out.

Trusts and Trust Administration

A trust can give specific instructions to provide for the financial security or support of you, your children, or a loved one now and in the future.  From ensuring your grandchildren’s inheritance gets spent on college or separating a disabled family member from their assets to make them eligible for Mainecare, trusts are a great tool for making sure your assets are used as you want them to be used, both during your life and beyond.  We can also serve as trustees for your trust, where protect the trust assets and make sure they are invested carefully and spent properly. 

Powers of Attorney

A power of attorney can give someone authority to make healthcare or financial decisions for you.  These can be written so they go into effect if something was to happen to you, or you can have them take effect on a certain date.  They can give someone very broad decision making power, or they can be written to allow someone to only do a specific thing for you.

Estate Planning

Estate planning covers the whole spectrum of providing for yourself in your retirement years, and for your children or spouse after you pass.  We can provide you with whichever documents you need to make sure your wishes are carried out.

Mainecare Planning

Mainecare Estate Recovery is a process that could result in the Department of Health and Human Services taking possession of your home and other assets once you pass.  Additionally, Mainecare has financial requirements that typically force you to spend all your money before you can start receiving benefits.  With proper planning, this process can be minimized or avoided, ensuring your home stays in your family and your loved ones are not left with nothing.  Even if a sudden emergency forces you to apply, you can still act quickly and protect a large amount of your assets.

Mainecare Applications

Applying for Mainecare can be a complicated process, and if you are applying for Mainecare extra difficulty is probably the last thing you need.  We can deal with the bureaucracy, and give you guidance about what the requirements are in plain English rather than in the dense text of a Department of Health and Human Services manual.

Asset Protection

With proper planning, money that would go to a nursing home, the government or would otherwise need to be spent before you became eligible for Mainecare can be set aside for your, your spouse’s, or your children’s benefit.  We can minimize the tax consequences of passing on property to your loved ones, and can work to prevent creditors from taking your children’s inheritance.


The process of probate after a loved one has passed can be a confusing undertaking at a difficult time.  We can help you with this process as much or as little as you want-from simply being there when you have a question, to stepping in and taking the entire process off your hands

Healthcare Directives

If you are worried about becoming a burden to your loved ones, or you want to make sure your wishes are honored if you became unable to express them, an advanced healthcare directive will tell doctors what treatments you want and what treatments you don’t.

Elder Abuse or Exploitation

Unfortunately, people in a position of trust or power do not always deserve the faith placed in them.  If you know of an elderly person who is being financially exploited or who is not receiving the care they need, we can put a stop to the abuse and help recover what was lost.

Grandparent’s Rights

If you are a grandparent who has stepped up to the plate and helped raise a grandchild, you may have the right to continue to see that child, even if the parents come back into the picture.




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