Elder Planning Plus™ Attorneys confront the specific legal and financial challenges of Senior Citizens, Baby Boomers, and Middle Class Americans. The purpose behind Elder Planning Plus™ services is the preservation of personal dignity, the enhancement of quality of life, and true asset protection for the client.
Elder Planning Plus™ Attorneys accomplish this mission by providing four Levels of Planning: Incapacity Planning, Estate Planning, Living Trust Plus™ Asset Protection (Pre-Crisis Planning), and Benefits-Focused Asset Protection™ (Crisis Planning).Did you know?
Incapacity Planning protects loved ones from the time, inconvenience, complexities, and expenses of “living probate” (i.e., Guardianship and Conservatorship) in the event the person is unable to manage his or her own legal, financial, and medical affairs.
Estate Planning builds on and includes Incapacity Planning, but adds a Revocable Living Trust so that assets, after death, can be transferred to loved ones with the utmost simplicity and convenience, avoiding the time, complexities, and expenses that make up the “nightmare of probate.” Revocable Living Trust Estate Planning includes numerous other important features not found in ordinary living trusts, such as protection for possible under-age beneficiaries, special needs beneficiaries, and any pets owned at the time of death.
The Living Trust Plus™ Asset Protection Trust protects assets from lawsuits, auto accidents, creditor attacks, medical expenses, and – most importantly for the 99% of Americans who are not among the ultra-wealthy – from the catastrophic expenses often incurred in connection with nursing home care. For purposes of Medicaid eligibility, this type of trust is the only type of self-settled asset protection trust that allows a settlor to retain an interest in the trust while also protecting the assets from being counted by state Medicaid agencies. For more information on the Living Trust Plus™, click here.
Benefits-Focused Asset Protection™ is a comprehensive service and solution used to obtain financial assistance to help pay for elder care already being received or about to be entered into, whether at home, in assisted living, or in a nursing home. The focus is not on preparation of specific documents ; the purpose is protecting assets and obtaining public financial benefits to help pay for long-term care. For married couples, the primary goal is to protect the financial independence of the healthier spouse. If not, the primary goal is typically to ensure the best care possible. A secondary goal is sometimes to preserve an inheritance for heirs, particularly if where there is a needy or disabled loved one or someone who needs special financial help. Elder Planning Plus™ attorneys achieve these goals by protecting assets to the greatest extent possible in the shortest length of time possible.
Protected assets can be used to maintain quality of life by purchasing goods and services not covered by Medicaid: goods such as dentures, hearing aids, vision aids, and personal items; services such as enhanced medical care or private sitters to provide an enhanced level of care.
Evan H. Farr, CELA, CEA, is the creator of the Living Trust Plus Asset Protection Trust, and has been in private practice in Fairfax since 1987, and is the only attorney in Virginia who is both a Certified Elder Law Attorney and a Certified Estate Advisor. Since 2007, Evan has been named by Virginia Super Lawyers Magazine as one of the top attorneys in Virginia, and in 2008 Evan was named by Washington, DC Super Lawyers Magazine as one of the top attorneys in DC. The Super Lawyers designation is bestowed upon the top 5% of lawyers in each state as chosen by their peers and through the independent research of Law & Politics. Evan is also the author of an acclaimed book in the field of Elder Law, The Virginia Nursing Home Survival Guide.