Elder Law and Special Needs Planning

Our elder law attorneys assist and counsel our clients and their families in planning for incapacity, long-term care needs, and asset protection concerns.

Planning for future or current incapacity can include powers of attorney, supported decision-making agreements, or, if necessary, establishing guardianship. Our attorneys are experienced in preparing powers of attorney that provide our clients’ agents with the powers needed to provide for the client’s needs and implement their objectives, in order to avoid guardianship. However, if guardianship is unavoidable, our attorneys know the ins and outs of the guardianship system, and have represented both petitioners and proposed wards through this challenging and emotionally taxing process.

Both elder law and special needs planning commonly involves establishing first and third-party supplemental needs trusts, or applying for pooled and community trusts such as WisPACT Trusts, in order to preserve our clients’ eligibility for public benefits and protect their assets. Our attorneys counsel individuals and their families with regard to divestment planning, asset protection, and other aspects of the complex and often confusing public benefits programs, such as Medicaid.