Most areas of the law are defined by the type of work being done. For example, divorce law, criminal defense, bankruptcy, Social Security disability, real estate, immigration, personal injury- all practice areas and all defined by the type of work.
Premarital Agreement
Your plans for the eventual distribution of your assets may be lost through JTWROS ownership. For example, Wills, Revocable Living Trusts and even Premarital Agreements do not control assets held in JTWROS. Quite often assets passing to a surviving spouse later end up in JTWROS with a new spouse. That new spouse (and their children) ultimately may receive assets from the previous marriage instead of the children for whom they were originally intended.
Guardianship
I have made legal arrangements to avoid Probate ( Guardianship & Conservatorship ) in the event I ever become disabled and Probate of my assets upon my death.
NOLAN ELDER LAW, LLC is a law office that provides answers to families facing the diagnosis of dementia. NOLAN ELDER LAW, LLC is a niche law practice that does not handle what other law firms handle. The firm does not handle divorces, criminal defense, real estate closings, traffic court or any of the usual "general practice" type of law many lawyers provide. Instead we limit our work, our attention, to providing creative solutions for families who are dealing with dementia.
DUI/DWI
Think about the average 75 year-old couple. They have led charmed lives in a way. They have lived in the same home for 50 years, so they haven’t met a real estate lawyer. They have never filed for bankruptcy, so they have never met a bankruptcy lawyer. They have never been divorced, never gotten a DUI, never sued anyone or been sued, and like most people, they have put off preparing their wills. They have missed every chance of meeting a lawyer, and now that one of both of them are having health problems, they do not know who to call for help. They might not even know there is such an area of practice called elder law. Indeed, this is the weakness in this area of practice- so few seniors even know this area of practice exists to serve them and their families. Add to this lack of information the sense among some seniors that they are too proud to accept assistance from others and you can see where this will lead.
We are a full-service estate planning, senior care planning and elder law office working to provide peace of mind to our clients and their families. We are committed to personal service to each client, using only those legal tools and techniques that suit the individual client’s needs, goals and personal situation.
Wills
Wills and estate plans are not unique to elder law, but the elder law attorney will know how to incorporate specific provisions in your estate plan that will allow you and your loved ones the most flexibility in helping you if you have a medical crisis and also administering your estate after your death.
Trusts
Helping individuals of all ages with disabilities also falls within the realm of elder law. Special Needs Trusts are specials techniques that allow a disabled individual to continue receiving government benefits like SSI and Medicaid, even if he or she receives an inheritance or a windfall of some sort.
Power of Attorney
Sometimes called an Advance Medical Directive, a living will allows you to state your wishes in advance regarding what types of medical life support measures you prefer to have, or have withheld/withdrawn if you are in a terminal condition (without reasonable hope of recovery) and cannot express your wishes yourself. Oftentimes a living will is executed along with a Durable Power of Attorney for Health care, which gives someone legal authority to make your health care decisions when you are unable to do so yourself.