Elder Law Lawyer Serving Rochester Hills

Elder Law Lawyer Serving Rochester Hills

You need an elder law attorney for numerous reasons. Elder law is a complex and sensitive topic. Elder law is complex because it involves so many areas of law, from estate planning to Medicaid and Medicare regulations. It’s sensitive because it involves caring for the people who matter most to us. Elders want to ensure they have their estates in order so the next generation won’t have the unnecessary stress that comes with not knowing how an estate should be divided. Meanwhile, younger family members want to ensure that elders are cared for properly.

How can you make sure that you’re on top of all the complex issues involved in elder law? By contacting an experienced and caring law firm like Bingham Legal Group PC. The experienced elder law attorneys of Bingham Legal Group PC would like to be your long-term partners, helping you with all your elder law and estate planning needs. Our legal team serves Rochester Hills, Michigan, and we have extensive experience in estate planning, probate, and probate litigation. Contact us online or call us at (248) 594-1919 today.

Estate Planning

Estate planning is a process that allows you to make arrangements for the disposition of your property and other assets after your death. The tools you include in your estate plan depend on your goals for your estate, such as:

  • Providing for your children or other dependents
  • Reducing taxes
  • Preventing your estate from going through probate
  • Ensuring that final expenses do not wholly deplete your assets after death

Wills

Your goals determine the strategy that you or your elder law attorney will pursue. The most basic type of estate planning document is a will. According to the State of Michigan’s guide to Managing Financial Affairs, there are three types of will you may choose from:

  • A handwritten will is the least formal type of will, as it is simply a handwritten document outlining your wishes for your estate. A handwritten will must be dated and signed at the end to be legally valid.
  • A statutory will is a form you can fill out to specify your wishes. This option is relatively simple but also leaves you with limited options.
  • A formal will is generally typewritten and must be signed by two witnesses, who should not be beneficiaries.

You may want to make the ownership of some of your assets in the form of a joint tenancy with a right of survivorship to keep some of your property from going through probate. This kind of joint tenancy allows you to pass your property directly to the other joint tenants after your death. None of the joint tenants can sell their share in the property without the permission of the others.

Trusts

If you want to provide for someone who is unable to manage their own financial affairs, you can establish a trust. A trust puts someone (a trustee) in charge of managing property or assets on behalf of the beneficiary.

Trusts come in many different forms, and each has a strategic purpose. A spendthrift trust can be established to allow a trustee to disburse assets from the trust to a beneficiary who may not be good with money or who has creditors who would wipe out a large bequest. A Medicare trust can allow a beneficiary to have access to money to improve their life without hampering their ability to qualify for government benefits.

Long-Term Care

Most people will eventually need some form of long-term care, whether that means having a nurse come to their home or moving to a nursing home. Planning for long-term care ahead of time is a good idea because the expense is considerable. Living in a nursing home in Michigan can cost several thousand dollars per month.

Options for paying your long-term care costs include:

  • Long-term care insurance
  • Medicaid
  • Veterans Administration benefits
  • Private funds

You’ll need to consider not only the cost of care but how it will affect your estate. For example, Medicaid can cover many of your long-term care expenses, but only if you meet the program’s asset limits.

Guardianship and Conservatorship

If you or a loved one becomes incapacitated and incapable of making informed decisions about important matters, a court may appoint a guardian or conservator. Under Michigan law, a guardian is responsible for making decisions on behalf of an incapacitated person to ensure their ongoing care and safety. A conservator is responsible for managing the property and assets of an incapacitated person but not for their other decisions. If you believe that a loved one is no longer capable of making their own decisions, a Rochester Hills elder law lawyer can help you apply for guardianship or conservatorship to safeguard their interests.

Health-Care Planning

Planning for your health care needs can help prevent unnecessary stress for you and your loved ones. Medicaid and Medicare can help with many elder care expenses, from medications to long-term care. Although Medicare is available to everyone over 65 who has worked long enough to be eligible for Social Security, Medicaid is an assets-based program.

To make sure your health care is handled the way you want it to be handled, you should establish Advance Care Directives to make your wishes clear. According to the State of Michigan, an Advance Care Directive can be used for several purposes:

  • You can assign a Durable Power of Attorney to specify who should make medical decisions for you if you become incapacitated.
  • You can establish a Do-Not Resuscitate Declaration if you do not wish to be resuscitated in the event that your heartbeat and breath have both stopped.
  • In some states, you can create a Living Will to specify what kind of care you wish to receive if you are permanently unconscious. Michigan law does not recognize Living Wills, so talk to your elder law attorney about other options, such as a Five Wishes document.

Do You Need an Elder Law Lawyer?

While it is possible to handle some elder law matters yourself, an elder law attorney can make it much easier for you to deal with these complexities while achieving your goals successfully.

Contact Bingham Legal Group PC today for answers to all your elder law questions. We pride ourselves on our dedication to our clients and their elder law needs. Our legal team serving Rochester Hills, Michigan, can help with all your elder law, estate planning, and probate questions. Contact Bingham Legal Group PC today at (248) 594-1919 today.

Directions

Our office is easy to find! Bingham Legal Group PC is located at 30100 Telegraph Road, Suite 360, in Bingham Farms, MI.

To get here:

From the North
  1. Head south on Telegraph Road.
  2. Pass through the intersection of 13 Mile Road and continue south on Telegraph Road.
  3. After approximately 2 miles, you will reach 30100 Telegraph Road on your right.
From the South:
  1. Head north on Telegraph Road.
  2. Pass through the intersection of 12 Mile Road and continue north on Telegraph Road.
  3. After approximately 1 mile, you will reach 30100 Telegraph Road on your left.
From the East:
  1. Head west on 12 Mile Road.
  2. Turn left onto Telegraph Road, heading south.
  3. After approximately 1 mile, you will reach 30100 Telegraph Road on your right.
From the West:
  1. Head east on 13 Mile Road.
  2. Turn right onto Telegraph Road, heading south.
  3. Pass through the intersection of 13 Mile Road and continue south on Telegraph Road.
  4. After approximately 2 miles, you will reach 30100 Telegraph Road on your right.