Your Dedicated Elder Law Lawyer
If you are considering drafting up power of attorney documents, or other estate planning tools, our Montana elder law lawyer is here to help. Since May of 2012, our firm has helped many seniors and their families plan for now and the future. It is imperative that you find a lawyer you can trust to talk about your finances and personal wishes. Our team is dedicated to assisting clients in tasks such as drawing up documents for an estate plan, communicating with beneficiaries, filing paperwork, and always having your best interest at heart. Contact Silverman Law Office, PLLC today to schedule a consultation.
Table of Contents
- Your Dedicated Elder Law Lawyer
- Steps To Take To Avoid A Contested Estate
- Montana Elder Law Infographic
- Montana Elder Law Statistics
- Montana Elder Law FAQs
- Silverman Law Office, PLLC, Montana Elder Law Lawyer
- Contact Our Montana Elder Law Lawyer Today
No one wants to think about the possibility that the day will come when they will no longer be able to handle their own financial or medical affairs. Still, the truth is that as medical science has enabled us to live longer, it also means that we may be living with health issues that impact our decision-making process. This is why our Montana elder law attorney recommends having a power of attorney (POA) in place should the day come you will need this type of assistance.
There are a number of legal requirements that need to be put in place in order for a power of attorney to be valid. First of all, the document must have the name of the person being designated as POA (referred to as the agent), as well as what all their powers will be. Every individual has their own needs and circumstances for which a POA is needed and those needs and circumstances need to be specifically stated in the document. The principal (the person making the POA) must sign the document and there needs to be at least one witness to that signature. The principal must also acknowledge their consent and signature in front of a notary public, who must also sign and adhere their official seal to the document.
A general power of attorney focuses on the financial details of the principal and is put in place should the principal become incapacitated or otherwise incapable of handling their financial affairs. Our Montana elder law attorney can explain all of the areas this type of POA covers. Some of the more common areas include:
- Overseeing the payments of any bills or debts the principal has
- Overseeing any real property the principal has
- Overseeing all financial accounts (bank, retirement, stocks, bonds, etc.)
- Overseeing the operation of a business
- Overseeing any government benefits
- Overseeing taxes
A healthcare power of attorney focuses on all of the principal’s medical affairs. The person who is named as the agent of a healthcare POA is responsible for making sure the principal’s wishes for their medical care are adhered to should they become unable to articulate those wishes themselves. Spouses often name each other as their healthcare POA. A single parent will often name one of their adult children. No matter who is named, the principal must have the ultimate trust in that agent in knowing they will honor their medical wishes even if they may not agree with them, for example, whether or not the principal should be placed on life support should they become so ill that decision has to be made.
How Our Elder Law Attorney May Help You
Our lawyer, who is experienced in elder law, focuses on older adults and their close family members. We can help you with specific needs, such as veterans’ benefits, elder abuse issues, disability planning, estate planning, Medicaid, Medicare, long-term planning, paying for elderly care, establishing power of attorney, and other key estate planning documents. We can answer questions related to these tasks, and more.
It is our goal for loved ones and their family members to feel at peace knowing that the now, and the future, are planned for. We are always happy to answer questions, and can offer insight into the following common questions:
- Does my loved one qualify for Medicaid, and will it pay for senior care?
- How can I protect my parent’s property, and assets, and still afford the care he or she needs when the time comes?
- How can I ensure that my husband/wife will have money left for them after my elderly care expenses are paid?
- What does it mean to be my parent’s conservator, and what kind of decisions may I have to make?
The above questions are complicated ones, and the answers may vary depending on each person’s situation. While hiring a reputable lawyer is not free, we may save your family thousands and thousands of dollars in legal issues by confirming that the right documents have been established. Our Montana elder law lawyer understands that it can be difficult to plan for a time when you or your loved one is no longer here and is compassionate when providing legal advice.
Steps To Take To Avoid A Contested Estate
Losing a loved one and struggling through the grieving process is always difficult for a family, but that time can be made even harder when there are disputes over the loved one’s last wishes. To guarantee your family does not have to struggle with these burdens, consider consulting with our estate planning attorney who specializes in Montana elder law.
Having the right documents in place can help make sure that your estate cannot be contested by a family member who disputes the instructions you have left on how you want your estate distributed upon your death. Many times, a person will attempt to contest an estate because they are unhappy with how much – or how little – they will receive per the will. When you have a strong estate plan in place that was put together for you by legal professionals, it is less likely any attempted contesting of your wishes will be contested.
The following steps can help minimize any legal action taken by a family member who attempts to contest your wishes:
- Talking To Family Members To Find Out What They Wish From The Estate
Knowing what items are important to each family member before you draft your will allows you to leave those items to that person if you feel it’s appropriate. This also applies to any financial benefits you may have that you will be distributing, including any real estate properties and other valuables.
- Talk To Family Members About What Your Wishes Are And Why You Are Making The Decisions About Your Estate That You Have
If they are aware before you are gone what your will and other estate documents say, they will not be shocked to learn about them upon your passing. It also gives you the opportunity to address any potential problems while you are still alive.
- Choose A Person Who Can Be Trusted As The Executor Of Your Estate
This person is responsible for making sure your last wishes are carried out. You want to make sure that the person you choose will stand up against any action of contesting your will.
- Work With Our Skilled Montana Elder Law Attorney
Working with our qualified attorney minimizes the opportunity of anyone contesting your will on the grounds that the law and/or proper protocols were not followed when your estate plan was drafted. We help make sure that all the estate planning laws in Montana are followed and that all the proper documentation has been drafted, signed, and filed.
Montana Elder Law Infographic
Montana Elder Law Statistics
The U.S. Census Bureau projects that by 2035, there will be more adults aged 65 and older than children. By 2060, nearly a quarter of Americans will be age 65 and older and the number of people 85 years of age or older will triple.
The fact we are living longer means that it is necessary to take the steps to protect your assets from being annihilated in your senior years should you need residential healthcare and other medical assistance. Call our office to speak with a Montana elder law lawyer to find out your legal and financial options.
Elder Law FAQs
What Practice Areas Do Elder Law Lawyers Work In?
This will depend on the firm. However, you can typically expect a lawyer in this specialty to help with estate planning needs that you may have. For example, you may wish to create a living trust or a will for the first time and this process can be complicated. On the other hand, you may wish to make changes to these documents and are unsure of the proper procedures. You may also be a family member of a loved one who is experiencing abuse in a nursing home and this is something else we are equipped to help you with too.
Should I Create A Power Of Attorney For Healthcare?
When you consider that anything can happen, you realize that there may come a time when you experience health issues so bad that you are no longer able to make decisions for yourself. If you have someone you can trust completely, it would be wise to create a Durable Power of Attorney for Health Care so that someone can make decisions on your behalf if your health suddenly changes. This means you are not required to list out every possible thing you want if a bad situation arises. You will have someone who will understand what kind of wishes you would want and can make those for you.
If I Leave My Family Assets From My Trust Or Estate, Will They Have To Pay Income Taxes?
If you are leaving things for your loved ones in your estate plan, know that they will not need to pay income tax on these items because they are not considered income. Instead, inheritance and gifts are separate from the income they receive.
Elder Law Glossary
At Bozeman, Montana elder law lawyer offices, we help older adults and their families handle legal and financial preparations that secure their legacy and protect their interests. When it comes to safeguarding assets, preparing for long-term care, and clarifying end-of-life decisions, precise legal language matters. This glossary includes five important terms that are commonly used in Montana elder law. These definitions offer clarity and practical meaning for anyone looking to better understand the legal options available as we age.
Power Of Attorney
A power of attorney (POA) is a legal document that gives another individual the right to act on your behalf in financial or medical matters. The person giving the authority is called the “principal,” and the person receiving the authority is known as the “agent.” In elder law, a POA becomes a key tool to manage a senior’s affairs in the event of illness or incapacity.
There are two common types of POA in elder law: general and healthcare. A general POA allows the agent to manage financial tasks, such as paying bills, handling investments, or managing real estate. A healthcare POA authorizes someone to make medical decisions when the principal is unable to do so. To be valid in Montana, the document must include clear language about the agent’s powers, be signed by the principal, and witnessed and notarized. Without this document in place, family members may need to petition the court for decision-making authority, which can be costly and time-consuming.
Healthcare Directive
A healthcare directive, also called an advance directive, outlines a person’s preferences for medical treatment if they are ever unable to express their decisions. In Montana elder law, this document is essential for anyone who wants control over what kind of life-sustaining measures they receive in critical health situations.
Healthcare directives often work in tandem with a healthcare power of attorney. While the healthcare POA appoints someone to make decisions, the directive explains the choices to be followed. This can include instructions about artificial nutrition, pain management, life support, and other treatment options. Having a directive in place helps reduce stress for family members and medical providers when urgent medical decisions are needed. It also helps prevent legal conflicts among loved ones with differing opinions.
Living Trust
A living trust is a legal arrangement that allows someone, known as the grantor, to place assets into a trust during their lifetime for easier management and transfer upon death. In Bozeman, Montana elder law planning, a living trust can be a smart alternative or supplement to a will.
The main advantage of a living trust is that it allows the estate to avoid probate, which is the court process of validating a will and distributing assets. With a properly funded trust, assets transfer directly to the named beneficiaries, usually more quickly and privately. A revocable living trust also allows the grantor to maintain control over their assets and make changes during their lifetime. This tool is often used by seniors who want to prepare for incapacity while maintaining control of their finances.
Conservatorship
A conservatorship is a court-supervised arrangement where someone is appointed to manage the financial affairs of an individual who is unable to do so. In Montana, a conservatorship may be necessary when an elderly person becomes mentally or physically incapable and did not previously designate a power of attorney.
The court designates a conservator, who may be a family member or a third party, to oversee assets, pay bills, and make financial decisions for the protected person. While useful as a last resort, conservatorships involve a legal process and ongoing court supervision, which can be expensive and public. That’s why in elder law, proactive planning with POA documents is preferred when possible.
Medicaid Planning
Medicaid planning refers to the legal strategies used to help individuals qualify for Medicaid benefits while preserving as many assets as possible. Medicaid is a government program that may cover the high cost of nursing home care or long-term residential services for seniors who meet specific financial and medical criteria.
Montana elder law lawyers often assist with structuring assets to meet eligibility guidelines. This may include setting up irrevocable trusts, transferring property within allowable timeframes, or spending down assets appropriately. Medicaid has a five-year lookback period, meaning any transfers made within five years of applying may affect eligibility. Timely planning can help avoid disqualification and help seniors receive the care they need without losing everything they’ve worked for.
For residents in Bozeman, Montana, elder law questions often arise during difficult life transitions. We at Silverman Law Office, PLLC are committed to helping families take the right steps in protecting their rights and making confident choices about the future. Whether it’s planning for long-term care, creating legal documents, or answering questions about Medicaid, we are here to support you.
Contact us today to schedule a consultation with a Bozeman, Montana elder law lawyer who will listen to your concerns and help you build a secure plan for the road ahead.
Silverman Law Office, PLLC, Montana Elder Law Lawyer
504 W Main St, Bozeman, MT 59715
Contact Our Montana Elder Law Lawyer Today
When it comes down to finding an elder law lawyer that you can trust, you may be able to get a referral from a friend or family, and this is always a great way to find a lawyer because this person has done business with this lawyer then they are likely going to recommend them only if they are good. However, do understand that working with a lawyer that a friend or family member has worked with may not be the best thing for everyone because a lawyer can’t fit everyone’s needs and that’s okay. Making certain that you are comfortable with your lawyer and that your lawyer is answering questions and communicating in a way that best suits you is one of the most important steps in finding an elder law lawyer.
At our firm, we believe exceptional legal service begins with exceptional client care. Founding attorney Joel Silverman, who has practiced law since 2003, built this firm on the values of integrity, communication, and respect. When you work with us, you can expect your calls to be returned promptly, regular updates on your case, and a warm, professional experience every time you visit our office.
If you’re seeking guidance on elder law matters, from estate planning to long-term care decisions, schedule a consultation today to see if our firm is the right fit for you.
Contact the Silverman Law Office, PLLC to have a kind and knowledgeable Montana elder law lawyer talk with you about how to secure your legacy.
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