 Elder Law and Special Needs Law are defined by the clients we serve. In other words, when we say that Lovingood McGuffey practices Elder Law or Special Needs Law, we are telling you that we work with senior citizens, individuals with disabilities (special needs), and their caregivers. Comprehensive elder law planning is about improving quality of life for the individuals we serve. Our Elder Law planning is designed to protect you and your family by preparing you for the future.
At Lovingood McGuffey, P.C., we begin by helping you assess your situation. If you need assistance with activities of daily living, we will help you find, get and pay for good long-term care. We do this as your "advocate"; we are, afterall, a law firm, not a health care provider.
Comprehensive planning includes a review of your budget, future Medicaid eligibility (known as Medicaid Planning) and eligibility for other benefits programs. It includes a review of your long-term care insurance options if you are still eligible to purchase insurance. It includes the preparation of documents like durable powers of attorney for financial AND health care advance directives, as well as counseling regarding how those documents should be used (and not abused). It includes trust planning, the prearation of Wills. Caregiver support and education are also important because it empowers caregivers to provide those goods and services necessary to meet your life needs. In sum, propoer planning is holistic.
Elder law also includes special needs planning. Untrained planners often overlook the unique planning needs of famlies with special needs children (such as autism, mental retardation, Down Syndrome, etc.). Assets left to special needs children should be left in a trust known as a "Special Needs Trust" (also called a Supplemental Needs Trust). These trusts allow parents and grandparents to set aside funds to enhance the child's quality of life while maintaining the child's eligibility for Medicaid and other public benefits programs. The goal is stretch family dollars so they last a lifetime (or ast lease as long as possible) when meeting the needs of the person with a disability.
Finally, some people think Elder Law Attorneys are the ones who "save the money from the nursing home." In other words, they think we're Medicaid Planners. Yes, we do Medicaid planning, but it should be part of a larger, holistic plan. A Medicaid plan should be designed to improve your quality of life, or the quality of life ot the healthy spouse of a Medicaid applicant. When we plan to accellerate your Medicaid eligibility, we try to keep our eye on the ball with the elder's well-being as the central planning focus. After all, we are "Elder Law Attorneys."
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David L. McGuffey is a Certified Elder Law Attorney. He is a Georgia native and has been in Northwest Georgia since 1996.
