Eder Law

Legal problems that affect the elderly are growing and the laws and regulations are becoming more complex. Dealing with legal issues that affect the elderly requires a broad understanding of the law in order to avoid future problems.

Mark W. Yaros, Esq. can be of particular help to families interested in legal services focused on:

• Guardianships
• Special Needs Trusts
• Medicaid Planning
  
  

Guardianships

A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person. Guardianship is usually granted for an individual who is incapable of caring for his or her own interests due to infancy, incapacity or disability. Courts generally have the power to appoint a guardian for an individual in need of special protection. A guardian with responsibility for both the personal well-being and the financial interests of the individual is a general guardian.

Special Needs Trusts

A Special Needs Trust (sometimes called a Supplemental Needs Trust) is a specialized legal document designed to benefit an individual who has a disability. It is most often a “stand alone” document, but it can form part of a Last Will and Testament. A Special Needs Trust enables a person under a physical or mental disability, or an individual with a chronic or acquired illness, to have held in Trust for his or her benefit, an unlimited amount of assets.

Medicaid Planning

Most people pay for nursing home care out of their savings until they run out and then can qualify for Medicaid to cover expenses. Paying privately increases the likelihood of getting into a high quality facility, which may eliminate or postpone dealing with your state’s welfare bureaucracy – an often demeaning and time-consuming process. The disadvantage is that it’s expensive. Careful planning, whether in advance or in response to an unanticipated need for care, can help protect your estate, whether for your spouse or for your children.