Helping Seniors Find, Access and Pay for their Life Care Needs.

Elder Law-Life Care Planning

Elder Law encompasses the legal issues Senior Citizens typically face.  In particular, Burzynski Law Office assists elders and their families negotiate the long term care maze.  Burzynski Law Office's elder law practice includes:

Life Care Planning Long-term care planning is not simply an exercise in which the elder law attorney and the family engage in transferring assets. At all times we  promote and maintain the good health, safety, and well-being of our client-elder. To attain this, the highest goal of our planning, from time to time we may put strategies in place to "protect assets from the nursing home." Nonetheless, although asset protection may be a function of the Life Care Plan, it is never the purpose of the Plan.

The Life Care Plan focuses on a holistic approach to the needs of the elder.  It places special emphasis on issues surrounding long life. The Life Care Plan connects your concerns about long-term care as you go through the later stages of your life.  Whether you seek our services at the Pre-Crisis phase or when you are already in Crisis, we will do our best to help you navigate the long-term care maze.

The Life Care Plan itself is actually a relationship and a planning process with us that changes over time as you and your circumstances change over time. Your Life Care Plan can provide the road map that allows you to follow through to achieve your quality of life and care and long-term care financing goals.

Your Life Care Plan will include the following:

1.    Assessment and Written Plan:  We work extensively with our clients to analyze the current living situation to assess its viability.  We make suggestions on ways to augment the care in order to promote the good health and safety of the elder.  We help the client and the family to locate the appropriate type of care, coordinate private and public resources to finance the cost of care and work to ensure the client's right to quality care.  The assessment is done by our Nurse Advocate, Barbara Miller, working in conjunction with the attorneys.  The assessment then becomes the basis of a written analysis which includes various action plans.

2.    Asset Protection:  Asset protection is a critical part of the practice of Elder Law.  The cost of long term care (particularly in Naples) can be financially devastating.   We can help you determine whether there are ways to protect some or all of an elder person's or couples savings when long term care is needed.  Our extensive experience in Elder Law may enable you to preserve most or all of your assets merely by restructuring them.

3.    Estate Planning:  Estate planning, a component of Elder Law,  insures that your assets will be distributed to your chosen beneficiaries when you die.  Proper planning insures that you will be able to pass the greatest amount to your beneficiaries and pay the least amount of taxes and administrative costs along the way.  Estate planning also insures that a smooth transition to your chosen fiduciary can occur should you ever find yourself in a position when you cannot make your own financial and/or healthcare decisions.  Estate planning can be accomplished through a variety of vehicles.  It is our job to advise you which are the best and most economical vehicles to use, in light of your goals.  Sometimes the cost of the estate plan must be balanced against other concerns such as the potential for paying estate taxes.  Our experience in  Elder Law enables us to  balance estate planning concerns in conjunction with long-term care issues.

4.    Incapacity:  Elder Law also encompasses the issues involved when debilitating illness strike.  Due to certain medical problems, Seniors may become incapacitated and unable to manage healthcare or financial situations independently.  At this point the family must analyze the legal documents in place and the needs of the Senior to determine what actions may be necessary to care of a protect the elder.   The planning in place and the needs of the Senior will dictate the proper course to follow. Our experience in Guardianship can best determine when guardianships can be avoided and when they cannot. 

5.    Protecting Rights:  Senior Citizens in long-term care facilities should be treated with dignity and respect and are entitled to appropriate medical care.  Sometimes legal assistance is needed to assure proper care.   Since we devote some much of our time to clients needing assistance in facilities we are familiar with the appropriate standard of care.

6.    Trust Administration and Fiduciary Counseling:  Persons acting in fiduciary roles for Senior Citizens need to act prudently and appropriately.  Fiduciaries need to understand their critical role and the liabilities involved.  We understand and can advise a fiduciary about  responsibilities inherent in the role and can provide a peace of mind.

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Burzynski Law Office, P.A.; 1124 Goodlette Road, Naples, Florida  34102; (239) 434-8557.  Located in Naples, Collier County, FL, South of Fort Myers and West of Fort Lauderdale/Miami.  Our office is located in Colonial Square Office Park, just South of the Main Post Office on Goodlette Road.

The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Last modified: 08/19/08

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