Estate Planning, Elder Law & Guardianships

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Estate Planning

To protect assets and transfer them according to one’s wishes, one needs an estate plan.  The Firm drafts and helps implement:

- trusts to avoid probate
- wills

- powers of attorney to handle financial decisions

- health care proxies to handle medical decisions

- living wills to inform doctors about end of life decisions and
- special needs trusts to reduce or minimize reductions of Medicaid and SSI.

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Elder Law

The Firm counsels seniors and their families with regard to elder planning to protect assets and qualify for Medicaid coverage for nursing care.  The Firm:

- drafts and helps implement (irrevocable) Medicaid asset protection trusts
         - works with a long-term care solutions specialist to develop a plan that meets a                   senior’s specific needs

         - completes nursing home applications
and
         - advises on the closing of reverse mortgages.

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Guardianships

In the absence of a power of attorney or health care proxy that enables an agent to make decisions for an incapacitated person, a family member may need to seek an Article 81 guardianship.

When a young person with special needs (due to a developmental disability or severe injury) is about to turn 18, a family member or the person in need of supervision should seek an Article 17A guardianship. 

The Firm represents parties in guardianship proceedings and drafts special needs trusts to reduce or minimize reductions of Medicaid and SSI.

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Bryan L. Berson, Esq. has completed the Article 81 Training for Guardians, Court Evaluators, Counsel for the AIP & Petitioner’s Attorney provided by the Brookdale Center for Healthy Aging & Longevity.