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Elder Law

There are many potential benefits to addressing elder care issues before crisis hits.   Smith Law, P.A. focuses on preventative strategies and advice for aging clients and their families.  The soaring costs of long term-care and the complex set of MaineCare rules and regulations have left many elderly individuals confused and unable to fully enjoy the transition into their “golden years”.  We help Maine’s aging population and their families navigate this difficult process with clear, goal-oriented solutions. Plans are often as simple as implementing a comprehensive durable financial power of attorney. Sometimes, more complex planning can be warranted including the use of irrevocable trusts.

Our expertise and services in the area of elder law include:

  • Financial powers of attorney and advance health-care directives
  • Applications for MaineCare assisted living and/or nursing home benefits
  • Asset preservation techniques
  • Medicaid Asset Protection Trusts (MAPTs) to shelter a client’s assets from MaineCare Estate Recovery
  • Supplemental Needs Trusts to protect assets for beneficiaries who are the recipients of MaineCare or other government benefits
  • Caregiver contracts for family members
  • Various tailored planning techniques (both short and long term) designed to address transitions to nursing homes and protect income and assets while ensuring MaineCare eligibility

The law, regulations and rules in this area of the law are complicated and often change.  We aim to educate our clients on the nuances of the law and make sure you fully understand the proposed plan before it is put into place.  We utilize ElderCounsel, a highly regarded national legal support company, for elder law education networking and other tools.  Feel free to contact us with any questions you may have.