Elder Lawyer Helena, MT

Elder Lawyer Helena, MT

Many believe that aging will enable wisdom and opportunities for growth to flourish, and as an elder lawyer in Helena, MT, we think this is indeed true! However, aging also causes questions to arise such as:

• How is my money and assets protected for retirement?
• Who will get my assets upon my death?
• What will happen to me if I become incapacitated?

Although these are often sensitive questions, they should not be ignored. Planning for your future is prudent as it can protect your belongings and ensure everything in your estate is properly arranged while you are alive. 

As a leading elder lawyer in Helena, MT, we, at Silverman Law Office, PLLC, have been helping seniors and their family members to draft and execute a well detailed estate plan. Rest assured our knowledgeable lawyers have the necessary experience to assist elders with issues that are most important. We utilize a broad range of tools, as well as a sound strategy that ultimately empowers older people to get the most out of their retirement. If you would like to know how a Helena, MT elder lawyer can help you, please call Silverman Law Office, PLLC, today.  

How We Can Help You

As you get older you may face various issues. One of the most common ones is the ability to receive Medicaid from the Federal Government. As an elder lawyer in Helena, MT, not only can we help you with your estate planning, we can also assist you with:

Medicaid Planning – Medicaid is a medical service that provides some or all medical care to people who are over the age of 65. There are strict income limits to receive Medicaid, and before you can make use of it, you must qualify. When you apply for Medicaid there will be a five year look back period. Within this time, if you are found to have made too much money or assets, you may not qualify immediately. If you plan to use Medicaid, you must start thinking about the qualifications and look back period well ahead of time. An elder lawyer Helena, MT residents trust can review your situation and devise a method that can secure Medicaid for you. 

Power of Attorney – A power of attorney is an important document that should not be ignored by elders. It can be used in many ways, but it is primarily to ensure a named person will make decisions on your behalf in the event you become incapacitated.

Estate Planning – If you don’t have a will, trust, or any other kind of estate document in place, it is possible that you could die intestate. This means the court oversees the entire estate process, including the distribution of your assets. If this is not something you want to happen, you should consult an elder lawyer in Helena, MT as soon as possible. 

Advanced Medical Directive – This is not the same as a power of attorney, but does nominate a person who ensures your wishes are carried out in the event you become incapaciated, ill, or injured, and cannot make decisions for your own health or life. 

When an Elder Becomes a Victim of Fraud

Please call an elder lawyer Helena, MT residents trust from Silverman Law Office, PLLC if you believe your elderly loved one has been the victim of fraud against a trust or deceptive estate management practices. We handle litigation matters of all kinds and complexities. Whether your situation involves a trust, will, power of attorney, guardianship, health directive, or another estate planning tool, we would like to see how we can help. Call our Helena, Montana elder lawyer, now for the guidance you and your loved one deserve. 

Common Litigation Cases 

• Fraud
• Trust litigation
• Incompetency issues
• Health directive issues
• Coercion
• Guardianship issues
• Disputes between heirs
• Will contests
• Interpretation disputes
• Will caveat actions

Whether your situation requires negotiation in a private mediation session or aggressive litigation in a courtroom, our elder lawyer serving Helena, MT, has the necessary knowledge to resolve the matter. 

Litigating Against Financial Elder Abuse

Unfortunately, financial elder abuse is prevalent and tends to occur when a person has been given power of attorney or made the trustee of a trust, and they abuse their position of power. Sadly, the named person is typically a close friend, relative, or immediate family member. In general, the elderly person will be completely unaware that these actions have taken place. Helena, MT elder lawyers at Silverman Law Office, PLLC have provided signs that may indicate financial elder abuse:

• Missing money
• Unknown withdrawals from bank accounts
• Odd bank transactions
• Inappropriate use of a credit card
• Missing property
• Abrupt changes to a living trust or will 
• Unexpected transfers of a title

If you have noticed any of the above, or some other questionable financial transactions, speaking with a Helena, MT elder lawyer may be in your best interest. 

Elderly People Are More Vulnerable

Elderly people are certainly more vulnerable than others, making them a target for financial abuse. Many elders are socially isolated or have a limited capacity to make sound decisions. For a person who has bad intentions, an elderly person might become their victim. If you notice any of the following behaviors exhibited by an elderly person, and money is going missing, our elder lawyers serving Helena, MT recommend that you take a closer look at what may be going on:

• The elder has a mental illness
• The elders’ health is deteriorating
• The elder has made a new, albeit unlikely, friend
• The elder is left alone and isolated
• The elder has family members who have addiction disorders

Some laws protect elders against financial exploitation. These laws extend to those who may be mentally incapacitated or otherwise incoherent or unable to take care of themselves. As soon as some financial abuse has occurred, it must be reported to the necessary people. If the financial abuse has involved an estate, will, or trust, our Helena, MT elder lawyer can help you to put a stop to what has happened. 

If you believe an elderly person’s estate has been exploited, please call our Helena, MT elder lawyer at the Silverman Law Office, PLLC, to schedule your consultation today. 

Questions for Our Elder Lawyer Helena, MT 

Silverman Law Office, PLLC can provide you with an elder lawyer that Helena, MT families can turn to for help. Managing an aging parent can be complicated. Not only do you want to ensure they receive the best care possible, but you will also want to make sure that they are not taken advantage of by someone. If you have concerns, it’s only natural that you will be sitting with several questions that you would like answered. Our Helena, Montana elder lawyer at Silverman Law Office, PLLC, can help not only answer your questions but provide you with guidance.  

What should I do if I am concerned that my elderly parents should no longer be making financial decisions on their own?

Our elder lawyer in Helena, MT knows that this can be a terrifying thing to consider. As your parents age, you may have a concern for how they are managing their financial affairs. You may even be wondering if there will be a financial mess left for you to clean up, or how they will pay for assisted living should this be a consideration down the road. If you are concerned that your aging parents may not be managing their finances appropriately, the best first step is to have a conversation. You may find that just a conversation may give you some peace of mind. Sometimes, your loved one may be agreeable to letting you take control over their finances. Our elder lawyer in Helena, Montana, can advise you on your options, which may include a power of attorney, living trust, or guardian of property. 

How should I manage conversations with my parents if I have concerns?

Start early on. The last thing you want is to wait until there is a crisis to manage the situation. Remember, be sensitive to when you have such a conversation. Talking to someone about aging and finances can cause emotions to run high. You don’t want to have this conversation during a holiday or family celebration. During this conversation, listen to your loved one and express your concerns clearly and kindly. Additionally, our Helena, MT elder lawyer, recommends that you gather as many financial details from your loved one as possible. 

Can I take legal action if I do not believe my parents should have control over their affairs anymore?

Sometimes, you may find that your parents are not agreeable to letting you manage their affairs. If you are concerned that your parent is incompetent or unable to make decisions, you may be wondering if you will have the ability to take control of your parent’s affairs. Your Helena, MT elder lawyer, will want to know details surrounding your loved one’s capacity and their ability to make decisions. You may be able to obtain power of attorney, which will allow you to make decisions about healthcare and finances. 

What should I do if I am concerned my elderly parent is being taken advantage of?

If you suspect that your loved one is being taken advantage of, the time to act is now. Our Helena, MT elder lawyer, will meet with you, review your situation, and assist you in taking action. Suspected financial abuse can be potentially loaded, especially considering that many culprits are often family members. Although it may be challenging to step in and take action, you must do so to protect your elderly parent from further harm. If the person exploiting your loved one has power of attorney, you may be able to take action to have this revoked, in addition to having a new power of attorney appointed. Call our Helena, MT elder lawyer to learn how we can help. 

Silverman Law Office, PLLC knows that suspecting that your vulnerable parent was taken advantage of can certainly be concerning and even heartbreaking. In some situations, intervention may be needed for their protection. For more information and to learn how our elder lawyer in Helena, MT can help you, contact Silverman Law Office, PLLC today.