Elder Law and Special Needs Planning

Planning for the future—either your own or that of an elderly or disabled loved one—does not have to be stressful. At the Falls Church Law Offices of John L. Laster, we approach elder law and special needs planning as an opportunity to craft creative solutions to the issues you and your family are facing. We take the time to learn about you and your family, so we can provide quality legal counsel tailored to your specific needs.

Elder law

As our population ages, more families find themselves caring for elderly relatives. The laws in Virginia, Maryland, and Washington, D.C. provide several options in the forms of powers of attorney and advance directives that address the needs of aging family members. If you are getting older, you should outline your preferences early on so that it is easy for loved ones to make decisions regarding your care.

Advance directives

An advance directive allows you to clearly state your wishes regarding your later life care in the event you are incapacitated and cannot express your wishes. There are two types of advance directives:

Appointment of an agent—Also known as power of attorney for healthcare, appointment of an agent simply means that you may authorize a friend or family member as your agent or proxy to make healthcare decisions for you if you are unable to do so.
Living will—A living will enables you to state the life-prolonging treatment you do or do not want if you are diagnosed with a terminal condition and are unable to express your own wishes. Your advance directive can also include similar instructions even if you are not in a terminal condition.

Advanced care planning is not limited to appointing an agent or creating a living will. We are skilled in helping you express your intentions about all kinds of future care decisions.

Guardianships and conservatorships

If a family member becomes incapacitated, a guardianship or conservatorship may be needed to provide for his or her care and finances. Different options work for different people—a guardianship or conservatorship may never be necessary for many people. Some may require one or the other, and some may need both.

Guardianships—An individual selected as guardian is legally responsible for the healthcare, housing, and other daily necessities of the incapacitated person.
Conservatorships—A conservator is appointed by the court to oversee the assets and finances of a person the court determines is legally incapacitated.

Special needs planning

If you are the parent, guardian, or sibling of a disabled person—or are disabled yourself—planning ahead is especially important. A special needs trust (SNT) allows you to set aside money for the care of a disabled individual (or your own care if you are disabled), without rendering the disabled person ineligible for any public assistance to which he or she may be entitled. Simply knowing that you have made arrangements to ensure your disabled child or dependant is well cared for after you are gone can ease your mind. If you yourself become disabled, we can often help you extend your own resources by using an appropriate trust.

There are two types of special needs trusts in Virginia, Maryland, and Washington, D.C. Both require a trustee who is not a beneficiary to administer and manage the trust estate:

Third-party SNT—This type of trust is usually created by a parent or other relative of a disabled person as part of a will or living trust. It can be revocable or irrevocable, and each is subject to specific tax regulations and other rules. The third-party SNT does not rely on the assets of the disabled beneficiary for funding. It is funded solely by the trust creator, or grantor.
Self-settled trusts— A self-settled trust is a trust funded with the disabled person's resources. It must adhere to specific requirements or it may adversely affect eligibility for certain public benefits. Virginia, Maryland, and Washington, D.C. allow the use of two different types of self-settled trusts: the (d)(4)(A) trust and the pooled trust. This type of trust is helpful when there is an unexpected inheritance or medical malpractice or personal injury award.

We can help you establish the right trust to protect your loved one or yourself.

Contact the Law Offices of John L. Laster today

Call us at (866) 319-7703 or contact us online to schedule a consultation. We look forward to speaking with you.