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Elder Law Attorneys

Bend Elder Law, Long-Term Care & Special Needs Planning

An elder law attorney in Bend Oregon can assist with long-term care planning, eligibility for public benefits (Medicaid, Medicare, Social Security, and Veteran’s benefits), options for special needs individuals, determine legal capacity and assist with fiduciaries such as power of attorneys, guardians, and conservators understand their role, duties, and responsibilities.

Long-term care planning

As we all know, elders are living longer and many are reaching the age of 90.  Unfortunately, many of these elders will have a long-term disability such as dementia, Alzheimer’s, Parkinson’s, or stroke, which will require long-term care.  Long-term care in Bend Oregon for an assisted living facility is approximately $4,455 per month ($53,460 annually) for a private room and a nursing home private room is $12,359 per month ($148,308 annually) according to the Genworth Cost of Care data for 2021. 

The worry is whether the elder has enough resources to pay for their care and what happens when the money runs out, can they qualify for Medicaid welfare long-term care benefits?  An elder law attorney can assist with this dilemma and can provide peace of mind to many elders and their families by providing a long-term care plan. This is a financial plan and a cash projection on how long the money is expected to last.  It also provides the family with options such as Medicaid, VA benefits, and family caregiving support.

Estate Planning Documents

Hurley Re elder law attorneys can also assist with, conservation, distribution, and administration of estates (wills, trusts, and probate).   Estate planning documents must be reviewed and changed to reflect an elder’s situation as he or she needs assistance in paying for bills and daily activities.  Planning is important to be able to make that transition smooth without court intervention.  Since the likelihood that an elder will need his or her agent on the Power of Attorney to manage the elder’s finances, the Durable Power of Attorney may require broader powers.  The power to create an Income Cap Trust for the elder is required if an elder is applying for Medicaid long-term care benefits and his or her income is over the monthly income cap for that year of application. 

Special Needs Planning with Trusts

Many parents are worried about their disabled child and need to discuss options to provide financial stability for their disabled child.  Attorneys at Hurley Re have expertise in special needs trusts.  If a disabled individual receives a settlement form a litigation, a first-party trust is necessary to preserve a disabled individual government needs-based benefits.  

Guardianship and Conservatorship

Often times, elders do not have proper estate planning documents in place or have no estate planning documents.  In this case, a family member could petition the court to be named as the guardian and/or conservator.  A Guardian is responsible for making healthcare decisions for the incapacitated person; and a Conservator is responsible for making financial decisions for such person.   We recommend having estate planning documents prepared before such a crisis occurs. 

What is an Elder Law Attorney?

An elder law attorney has compassion and empathy in dealing with families to ensure that elders age gracefully and are treated with respect and dignity.  Our passion is to assist elders and their families to achieve quality of care using their finances and other public benefits.     Please call (541) 317-5505 for a free 15-minute telephone consultation or contact us to find a Hurley Re Elder Law Attorney in Bend, OR.

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