Michigan Elder Law Attorney
An elder law attorney helps senior citizens and families navigate the complex laws associated with aging. These complex laws may involve: long term care, elder medicaid, nursing home planning, wills, trusts, and more.
When faced with legal issues involving aging and disability, it’s important not to face them alone and ensure your rights are upheld.
The elder law firm of Sean J Nichols, PLLC is dedicated to helping you and your loved ones receive proper care. We understand the importance of these issues and have helped many families plan a comfortable future. If you have questions or concerns pertaining to elder law in Michigan, call and schedule a consultation today.
Common Elder Law Aspects We Handle
An attorney for elder law specializes in the unique legal issues faced by senior citizens and their loved ones. Below is a list of issues our law firm can assist with.
Long Term Care Planning – Providing adequate long term care for senior citizens can be extremely expensive. This is especially expensive when medicaid covers very little or none of these costs. Our law firm is dedicated to helping families obtain affordable long term care for their loved ones.
Medicaid and Nursing Home Care – Generally, Medicare covers the first few months of nursing home care; however, this does not cover nursing home costs for extended periods of time. It’s a sad reality that many people may see their life savings wiped out fairly quickly when trying to pay for nursing homes out of pocket. Qualifying for medicaid in a nursing home makes this process much more affordable. Unfortunately, eligibility requirements are highly complex. A skilled attorney that specializes in elder law can help families qualify for medicaid and obtain affordable nursing home care.
Estate Recovery – The Medicaid Estate Recovery Program is a process started by the state and federal governments. This process involves recovering funds used to provide care for someone per Medicaid. In fact, it’s possible for the government to file a claim after the beneficiary of Medicaid passes away and acquire certain assets such as your house. It’s extremely important to work with an elder law attorney to protect your home against estate recovery.
Wills, Trusts & Estate Planning – Estate Planning is an area of law that consistently overlaps with elder law. Simply put, this area of law involves planning a comfortable future for yourself and your family. This is done through various legal documents such as a will, trust, etc.
Veterans Aid & Attendance – Aid & Attendance is a form of VA benefits provided to U.S military veterans that are bedridden at home, under the care of a nursing home, or suffer from other specific disabilities. Aid & Attendance benefits provides an increased monthly pension and can help provide affordable care. Many vets are completely unaware that this program exists, you can learn more by visiting the link above or view a list of eligibility requirements on the website for the U.S. Department of Veterans Affairs
Legal Guardianship – Simply put, a legal guardian is in charge of making important decisions on someone’s behalf should they become unable to make decisions themselves. There are many different legal aspects involved with guardianship such as the process of obtaining it, disputes over legal guardianship, etc. There is a lot of overlap between elder law, estate planning, and probate when it comes to guardianship; our law firm specializes in all three of these areas.
Power of Attorney (POA) – There are two main forms of this document. One is known as the Healthcare Power of Attorney. A Healthcare POA, appoints someone to make healthcare decisions on your behalf should you become incapacitated. The second type of this document is a Durable Power of Attorney for Finances. The concept of a Durable POA for Finances works the same as a Healthcare POA except that it appoints someone to make financial decisions rather than health related decisions. This is similar to legal guardianship except it’s more of a reactive solution to an emergency as opposed to naming someone legal guardian.
Nursing Home Neglect – The neglect of senior citizens in nursing homes is one of the saddest aspects associated with this practice area. I wish we could say that it’s very uncommon; however, the reality is that many nursing homes are understaffed, overcrowded, and in some cases, not properly run. These factors all contribute to many elders not receiving proper care, or worse, being completely neglected. Sean J Nichols, PLLC protects elders and their families from neglect and exploitation. If you expect that you or a loved one has fallen victim to a neglectful nursing home, contact us right away.
Elder Abuse – Similar to nursing home neglect, it’s an unfortunate fact that senior citizens are at a high risk of financial exploitation, neglect, and in some cases, even mental or physical abuse. Our law firm is dedicated to protecting geriatric individuals from abuse and exploitation. We have the legal knowledge to ensure you or your loved ones rights are upheld.
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Elder Care, Medicaid Planning, and Nursing Homes
The decision to put a loved one in a nursing home is a difficult decision that faces many Michigan families. Family members work to avoid this option because they would rather care for their loved one at home and are concerned with the soaring costs of nursing home care.
In some circumstances, nursing home facilities can provide a level of care that cannot be received from the families of loved ones within their home setting. Our law firm offers assistance to our clients and their families in obtaining affordable nursing care and preserving as much of their estate as possible.
Loved ones in need of nursing home care most often end up needing to receive Medicaid benefits to help cover their expenses. Contrary to popular belief applicants that receive benefits are allowed to keep a portion of assets and income but the rules are complicated.
The law office of Sean J Nichols offers comprehensive legal advice to assist clients in all aspects of Medicaid estate planning within Michigan. Proper planning with the assistance of a skilled and knowledgeable attorney can make the difference between financial security and financial devastation.
Elder Neglect and Abuse
Sadly, the abuse and neglect of elders is not uncommon. To put this in perspective, according to the National Council on Aging, approximately 1 in 10 Americans aged 60+ have experienced some form of elder abuse (NCOA). Moreover, there are several different forms of elder abuse/neglect including: financial exploitation, physical abuse, non-physical abuse (emotional/mental), willful neglect, etc. Unfortunately, elder neglect may also occur in nursing home facilities, assisted living centers, and by other supposed care givers.
This is one of the most distressing examples of why you may want to consult an attorney specializing in concerns of the elderly. If you have an aged parent who is in a nursing home, receiving skilled nursing care, or being cared for by someone else and you suspect that your parent is being neglected or abused, you must consult with an attorney as soon as possible who specializes in cases of elder abuse. They can give you the guidance and support you need while investigating and filing suit against the abuser or abusers.
Sean J Nichols is focused on preventing neglect, abuse, and financial exploitation of elders. We help to relieve the fears clients and their relatives face as they navigate the complex world of aging.
If you, a loved one, or someone you know are a victim of elder abuse/neglect in Michigan, call our offices right away.
Talk To An Elder Law Attorney Today
The United States is experiencing a historically high number of senior citizens. In fact, the population of seniors (65 and older) is projected to reach over 70 million by the year 2030. This rapidly aging population known as “baby boomers” present unique challenges for families and loved ones.
As we age, many of us are faced with problems that we’ve in no way had to deal with earlier than. Retirement planning, property planning, trusts, guardianships, lengthy-time period clinical wishes, Social Security protection, Medicaid and Medicare. These are only a few of the troubles that older adults face every day. These issues are especially relevant in Michigan, as the State has a high number of retirees/elders. When faced with issues related to aging, it’s important to consult with an experienced attorney who understands the processes and laws specific to the State.
The offices of Sean J Nichols PLLC is located in Plymouth; we commonly work with clients in Livonia, Romulus, Garden City, Northville, Canton, and several other locations in the Metro Detroit area. If you’d like to speak with an experienced elder law attorney, call and schedule a consultation today (734) 386-0224
“I have been so satisfied with Sean’s service. Very thorough and makes you feel so comfortable. I would recommend him to anybody.”
“Sean helped me set up an estate plan for myself, my business, and my family. He’s a very knowledgeable attorney who makes things simple and straight forward to clients.
I would absolutely recommend Sean Nichols for anyone looking for help with elder law, estate planning, or probate matters.”
“Sean is a very talented elder law attorney who cares about his clients. His knowledge of the law and dedication to his craft is exceptional.”