Elder Law for Seniors 65 Years or Older
Legal Process to Assist Elders & Families
Elder law is for those who are 65 years old or older and who need assistance due to advancing years. Winchell Law & Associates can assist in a number of legal processes that will help those who need it and their families.
Some of the Elder Laws Attorney Roberta Winchell can Assist with include:
Wills: A written document that will allow your wishes to be carried out and have a court decide who gets what. We can assist in writing a will that reflects your wishes. We can also provide any supporting documents needed to make sure those wishes are carried out.
Trusts and Trust Administration: Trusts give specific instructions for the financial security and support of you, your children, and your loved ones now or in the future. Trusts are a great tool to make sure your assets are used as you want them to be used. We can also serve as trustees for your trust and protect the trust assets to make sure they are invested carefully and spent properly.
Powers of Attorney: A power of attorney can give someone the authority to make healthcare and financial decisions for you. They can be written so they go into effect if something were to happen to you, or they can be put into effect on a certain date. Power of attorney can give someone very broad decision-making power, or they can be written to allow someone to do a specific thing for you or your business.
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 make the Department of Health and Human Services take possession of your home and other assets once you pass. Mainecare has financial requirements that could force you to spend all your money before receiving benefits. With proper planning and the help of Winchell Law & Associates, this process can be minimized or avoided.
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. Winchell Law & Associates 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 you, 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.
Probate: The process of probate after a loved one has passed can be a confusing undertaking at a difficult time. Winchell Law & Associates 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 do not.
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.
Grandparents’ Rights: If you are a grandparent who has stepped up to the plate to help raise a grandchild, you may have the right to continue to see that child in instances of separation, divorce, or death. Consult with Winchell Law & Associates to preserve your relationship with your grandchildren into the future.