Print this page
practices
Elder Law

CELA certified, highly practical

From crafting estate and long-term care plans to addressing urgent and potentially expensive healthcare situations, we help you and your family maximize the independence and quality of life of seniors and people with disabilities.

Overview

Elder law attorneys define their work not by the type of legal problems they handle, but by the people they help. Chuhak & Tecson’s Elder Law attorneys work with older people, people with disabilities, and their families to prevent, address and solve problems associated with aging, long-term care and financial issues. With a team of highly skilled professionals, including two attorneys with the Certified Elder Law Attorney (CELA) designation from the National Elder Law Foundation (NELF), our Elder Law Practice is ready to be right there with you for each step along the way into your family’s golden years.

Read More

Elder Law Services

Emergency Medicaid and VA benefits planning

Helping families with loved ones already needing long-term care.We evaluate all available options to pay for long-term care and provide legal guidance and assistance to elderly individuals and their families in navigating the complex landscape of Medicaid and Veterans Affairs (VA) benefits. Our lawyers assist with:

  • Emergency Medicaid planning, including assessing a senior’s situation to determine if they are eligible for Emergency Medicaid, recommending legal strategies to help individuals qualify while protecting their assets, and assisting in preparing and submitting the necessary documentation to apply for benefits.
  • VA benefits planning, including helping seniors apply for VA pension benefits, specifically Aid and Attendance benefits, which provide financial assistance to wartime veterans and their spouses who require help with daily living activities or are housebound due to illness or disability.
  • Appeals, including guiding clients through the Medicaid appeals process to advocate for their rightful benefits.
Long-term care planning

Protecting assets and future eligibility for essential benefits. Our Elder Law attorneys help clients prepare for extended medical care and assistance as they or a family member age or face health challenges, including nursing home care and in-home care. Our lawyers advise on:

  • Needs assessment, looking at current and future healthcare needs, financial situation and personal goals.
  • Asset protection strategies to protect assets from being exhausted by long-term care costs.
  • Medicaid planning, including reviewing eligibility requirements and application processes for Medicaid and structuring assets and income to meet Medicaid’s financial requirements while protecting the individual’s financial interests.
  • Veterans benefits, assisting in exploring and applying for care benefits available to wartime veterans and their spouses.
Guardianship planning

Managing the affairs of someone who is no longer able to make decisions on their own. Our Elder Law Team guides individuals and families through the complex process of guardianship planning – arrangements designed to ensure the physical and financial well-being of an incapacitated or vulnerable individual. We advise on:

  • Exploration of alternatives, including less restrictive alternatives to guardianship, such as the use of powers of attorney, advance healthcare directives and living trusts. These alternatives allow individuals to designate agents to make decisions on their behalf without the need for court involvement.
  • Petition for guardianship, including preparing and filing the legal petition with the appropriate court, navigating any court hearings and the appointment of a guardian. We also help the guardian understand ongoing legal responsibilities, including annual reporting and compliance.
Special needs and disability planning

Ensuring the financial security and quality of life of individuals with special needs. Whether you or a loved one was born with a disability or developed a disability later in life, our Elder Law attorneys work to understand your unique circumstances, medical condition, financial situation and long-term goals. We advise on:

  • Strategies to protect eligibility for government benefits, such as Medicaid, SSI and Social Security Disability Income (SSDI).
  • Special needs trusts (SNTs), including establishing and maintaining first-party, third-party, pooled payback and other trusts to hold and manage assets for the benefit of a person with disabilities.
  • Supplemental needs planning, including helping to access additional financial resources beyond government benefits, such as income, trusts or other support systems.
  • Negotiations with government agencies, insurance companies and other entities to ensure that the individual’s rights and benefits are protected.
Elder law litigation

Protecting elders and their families. When negotiation does not yield the appropriate remedy, our Elder Law Team is ready to represent you in administrative and court proceedings to advocate for your needs and rights. We have extensive experience litigating:

  • Medicaid appeals
  • Medicare appeals
  • Financial exploitation claims, including allegations of fraud, undue influence, coercion, breach of fiduciary duty or mismanagement of an elderly person’s finances, assets or property.