Elder law is a specialized area of legal practice that focuses on the unique issues facing older adults, individuals with disabilities or special needs, and their families. This field of law addresses the complex intersection of legal, financial, medical, and social concerns that arise with aging.
At McDowell Law Group, we help our clients throughout North Carolina and Virginia navigate these challenges with compassion, clarity, and strategic planning. Despite the name, elder law is not only for the elderly; it’s important for people of all ages who want to plan for the future and protect their loved ones.
Key Areas of Elder Law:
1. Estate Planning
Estate planning involves more than just drafting a will. It’s about creating a comprehensive strategy to ensure your assets are distributed according to your wishes, both during life and after death. At McDowell Law Group, we help North Carolina and Virginia residents of all ages design estate plans that reflect their values and goals.
This includes:
- Wills
- Trusts
- Powers of attorney
- Advance medical directives
- Special needs trusts
- And other related documents
We analyze your goals, recommend the most effective legal tools, draft the necessary documents, and guide you through the actions needed to ensure your plan works when it’s needed most.
2. Long-Term Care Planning
As people age, they may develop illnesses that result in the need for assistance to live independently. That assistance can be as minimal as needing assistance with meal preparation to as complex as assistance with activities of daily living, such as bathing and dressing. Elder law attorneys help clients plan for potential long-term care needs by analyzing a client’s current health and financial situation and then providing guidance on types of care, selecting care options that meet the client’s needs both medically and financially, and then assisting with obtaining appropriate payment.
That includes assessing and accessing long-term care insurance options, explaining Medicaid eligibility and application processes, and assisting with asset protection strategies to qualify for Medicaid. We help clients throughout Hampton Roads and Virginia Beach prepare for the future, avoid unnecessary stress, and protect what matters most.
3. Guardianship and Conservatorship
In cases where an individual is unable to make medical or financial decisions for themselves and if they do not have existing surrogate decision-making documents, elder law attorneys can help establish legal guardianships or conservatorships. This is the process where a court determines whether an individual lacks sufficient capacity to act on their own behalf and appoints another person to make decisions on their behalf.
McDowell Law Group assists families in petitioning the court to appoint a trusted decision-maker, ensuring the individual’s rights and best interests are protected throughout the process.
4. Elder Abuse and Neglect
Unfortunately, some seniors fall victim to various forms of abuse or neglect. Some elder law attorneys will work with family members or agencies to identify signs of physical, emotional, or financial abuse and then pursue action against the abusers. If you’re concerned about a loved one in a care facility or under someone’s care in Virginia, call us, as we’re here to help.
5. Veterans’ Benefits
As an accredited firm before the Department of Veterans Affairs, McDowell Law Group is proud to help Virginia veterans access the benefits they have earned. We assist with:
- Eligibility evaluation
- Application and appeals processes
- Advice on pension, Aid & Attendance, and other support programs
Veterans in Virginia Beach and Hampton Roads can rely on us to guide them through the VA’s often complex system.
6. Tax Planning
As part of comprehensive estate and financial planning, elder law attorneys advise clients on options to reduce or minimize income taxes, understand estate and gift taxation, and minimize estate taxes when applicable.
7. Probate and Estate Administration
After a person passes away, elder law attorneys often assist surviving family members with the administration of the deceased’s estate or trust. This includes:
- Probate filings
- Tax and court accountings
- Communicating with beneficiaries
- Navigating family dynamics
Whether your loved one had a will, trust, or no plan at all, we can help ease the burden during a difficult time.
Why Elder Law Matters At Any Age
Elder law is a multidisciplinary field that requires attorneys to know various areas of law, as well as an understanding of the unique social, psychological, and physiological aspects of aging. The practice of elder law is becoming increasingly important as the population ages. However, it is critical to remember that we are all aging, so you don’t have to be “old” to need or benefit from the services of an elder law attorney. Elder law attorneys play a crucial role in helping individuals maintain control, dignity, independence, and quality of life as they navigate the challenges of aging.
Whether you’re in your 30s planning for your future, in your 60s approaching retirement, or caring for aging parents, an experienced elder law attorney is your advocate for control, dignity, independence, and peace of mind.
Start Planning for Tomorrow, Today
At McDowell Law Group, we’re committed to helping individuals and families across North Carolina and Virginia prepare for every stage of life. Our goal is to provide compassionate, forward-thinking legal counsel that protects your rights and preserves your legacy.
Ready to talk about your future? Contact McDowell Law Group today to schedule a consultation and take the first step toward peace of mind.