Elder Docx™ has always had the ability to draft a Self-Settled Special Needs Trust, but with our recent software update, you can now draft an annotated version!

The Self-Settled Special Needs Trust, often referred to as a d4A trust, is a first-party trust; meaning, the assets used to fund the trust belong to the beneficiary. This trust allows the beneficiary to have these funds set aside to pay for certain things that government benefits don’t provide for, while still allowing the beneficiary to maintain eligibility for public benefits.

Elder Docx also has an option to draft an annotated Self-Settled MSA trust. This trust is used when a Medicare Set-Aside subtrust is needed, which is often when the beneficiary is awarded a personal injury settlement or a Workers Compensation award. The amount of the award that should be set aside for future medical expenses related to the injury are funded into the MSA subtrust to be preserved for such use.

There are many areas of law an attorney can focus on — litigation, bankruptcy law, criminal law, real estate law, environmental law, health care law — the list seems endless.

Some areas of law are probably familiar to you, such as family law. You know that if you need a divorce or have a child custody issue, you should contact a family law attorney. But there are some areas that remain a mystery, for both the layperson and attorneys alike.

Elder law is one such area. It is lesser known; you might not have heard of an elder law attorney until you need one.

What exactly does an elder law attorney do?

A common comparison in the legal world is this: An estate planning attorney plans for what happens when you die, while an elder law attorney plans for what happens while you are alive.

Let’s take a deeper look at what, exactly, an elder law attorney may be able to help you with.

As a senior ages, they may no longer be able to look after their own affairs. This could be their medical affairs, financial affairs, or both. Hopefully, the senior planned early and had the appropriate powers of attorney in place. These documents allow another to act on the senior’s behalf in the event they are unable to do so.

If a senior did not plan and have the appropriate documents in place, then a guardianship or conservatorship may be necessary. Both entail a court process. In a guardianship, the court would grant someone, termed a guardian, to be in charge of the senior’s person. This means monitoring their day-to-day health, making doctor’s appointments, administering medication, and ensuring the senior has proper hygiene. A conservatorship means the court appoints a conservator to be in charge of the senior’s finances. In both cases, the senior would be termed a ward. A guardian and conservator must act in the ward’s best interests.