ParentCareUSA is attorney owned. Our attorneys are members of the National Academy of Elder Law Attorneys and have extensive experience in representing elders and their families. Whether consulting on a specific issue or overall estate planning, our attorneys can assist you.

You have spent years building and saving for the future. ParentCareUSA's Elder Law attorneys are uniquely equipped to assist you in preserving these assets.

Our attorneys can assist you with your legal needs, whether it is estate planning, disability planning, or asset preservation. Estate planning includes the preparation of a Last Will and Testament, General Durable Power of Attorney, Health Care Proxy, and Living Will. Some estate and disability plans may consistent of Revocable and Irrevocable Trusts, Family and Realty Trusts or Supplemental Needs Trusts. Our attorneys can assist you in determining what is needed to preserve your assets.

ParentCareUSA's legal team offers expertise in assembling the necessary legal documents, helping you complete the estate planning puzzle.

Take the necessary steps to plan for the future.  These include certain advance directives such as Durable Power of Attorney, Health Care Proxy, Living Wills. We also prepare Trusts and Last Will and Testaments.  We can assist you with Guardianship and Conservatorship issues.

The ParentCareUSA legal team is dedicated to helping people resolve elder law issues with compassion and cost effective, yet assertive, representation. We provide sound advice, bringing intellectual vigor to each case. We work diligently to provide practical solutions, while seeking to minimize potential adverse impact upon the parties and their families.

We believe that you should be well informed about all topics and issues involving your parents and loved ones.

Some Frequently Asked Questions based on our experience working with 2,000+ client families.

One of my parents will be admitted to a nursing home shortly. Do we need to spend all of their assets to pay for their care?

No. There are many different planning strategies available to individuals and couples to help preserve family assets even though nursing home placement is imminent. Each situation must be assessed very carefully to determine which strategies will work best for them. Failing to do so can lead to catastrophic financial consequences.

Can assets be transferred while my mother is in a nursing home?

Yes and No. There are very fact driven questions that should be reviewed by one of our Elder Law Attorneys. Certain asset transfers within the five-year "look-back" period will trigger a period of ineligibility based on the total value of the asset transfer or gift, while other transfers may not trigger the ineligibility, if the transfers are made to qualified individuals or agencies. Individuals and families who are considering asset transfers and gifts need to understand Medicaid rules and regulations before any transfers are completed.

My parents live in an assisted living facility. Are there any state programs to help pay for their care?

Yes, but unfortunately there are few programs and those that exist have very strict rules about income limits.  For the most part, assisted living care is paid entirely from private funds or long term care insurance.

What is a Guardianship and when is one needed?

The laws around Guardianship and Conservatorship are very complex and will vary from state to state. Generally speaking, individuals with certain physical or mental incapacity or illness who are incapable of taking care of themselves, or are incapable of making or communicating informed or responsible decisions may require a formal Guardian to act on their behalf for health related decisions and a Conservator to act on their behalf for financial matters. We are often involved with families where a parent or loved one has dementia and a DPOA or Health Care Proxy was not executed prior to their incapacity. In many of those instances, a spouse or child have enlisted our assistance to arrange for a Guardianship or Conservatorship Petition so that they are legally empowered to manage the person’s estate and/or make appropriate health care decisions on their behalf.

What is the difference between a Power of Attorney, Durable Power of Attorney and Health Care Proxy?

A Power of Attorney is a legal document that allows named individuals to act in your place and on your behalf, under certain circumstances. Generally speaking, Powers of Attorney refer to matters involving finances and asset management. Unfortunately, traditional Powers of Attorney expire upon the disability of the person granting the authority. In recent years, Powers of Attorney have evolved to a newer form called Durable Power of Attorney (DPOA). A DPOA provides a paragraph that specifically indicates that the powers within the document are not affected by the subsequent disability and incapacity of the principal. Simply stated, a DPOA is viewed as one of the most important advanced directives that a person should consider in connection with eldercare planning issues. A Health Care Proxy is sometimes called a Durable Power of Attorney for health care. It is a legal document that specifically authorizes the designated agent to make health care decisions on behalf of the principal. Frequently the Health Care Proxy executed prior to a hospitalization is not comprehensive enough for estate planning needs.