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The law firm of Elder Law Lawyer Russell Baldwin in suburban Chicago helps families plan for nursing home care while preserving family assets. Russell Baldwin serves clients in the western suburbs of Chicago, including Naperville, Geneva, St. Charles, and Batavia. To schedule an initial Elder Law/Medicaid assessment, Russell E. Baldwin, Chartered
Elder Law - An OverviewWith the baby-boom generation advancing in age, America's senior citizens and their families increasingly encounter legal and practical concerns surrounding the care and support of elderly loved ones. An attorney experienced in elder law matters can assist clients in establishing guardianships and conservatorships to provide the day-to-day assistance many elders need to manage their financial and personal matters, preparing legal documents to allow senior citizens to predetermine medical and financial decisions during a period of incapacity, and providing for long-term medical care or nursing home residency through various funding sources. Additionally, experienced elder law attorneys can provide much-needed legal and emotional support to family members suddenly faced with the mounting pressure of caring for an elder loved one. Guardianships and ConservatorshipsGuardianships and conservatorships can help an elder family member manage his personal and financial affairs. When symptoms of Alzheimer's disease, senility, dementia, or physical disabilities arise, our loved ones will often find it difficult to care for themselves as they once did. Common tasks such as brushing one's teeth, dressing, and feeding oneself, and bathing can become daily obstacles. Also, our loved ones may become forgetful, easily confused, and delusional as they age. Their judgment may become impaired, and their ability to make sound financial decisions may come into question. Guardianships or conservatorships can help you care for your loved one. Through a guardianship or conservatorship, you can become the court-ordered guardian or conservator of your loved one's personal effects or financial matters. Vested with control over various aspects of your loved one's life, you can maximize your loved one's quality of life through a support network of qualified professionals, friends, and family. Powers of Attorney and Health Care DirectivesBefore physical or mental disabilities arise, sound planning allows everybody to make decisions about their future financial matters and medical treatment, even if they are unable to communicate at the time those decisions are to be made. Powers of attorney and health care declarations allow a person to designate a carefully selected agent to carry out their wishes. In a thoroughly drafted document, each person may communicate with their agent, inform him of your financial goals and decisions, as well as determine the extent of any medical procedures or life-sustaining techniques that may be performed in the future. These powers direct your agent to make sound decisions according to your wishes, even if you are unable to communicate at the time. Planning for Long-Term CareWhile financial and medical decisions are extremely important, so too is long-term care. In the busy world we live in, many people overlook the financial, medical, and personal impact of long-term care planning. In the event you develop a serious mental or physical disability requiring sustained health care as part of your daily life, you will want to have implemented a proper long-term care plan. Long-term care costs in the United States are quite expensive and continue to rise. Proper long-term care planning now will allow you to cover these rising costs without exhausting your life's savings. A skilled elder law attorney can counsel you on the availability of long-term care insurance, Medicare assistance, and Medicaid eligibility. With the proper payment options, you will be free to choose the long-term care option that provides you the best care and treatment available. Help for Families of Elder Law ClientsCaring for an elder loved one can be a demanding chore. It is often time consuming, expensive, and physically and mentally exhausting. When added to your employment commitments, family life, and social relationships, your new role as caregiver can feel overwhelming. You are not alone, however. Millions of Americans currently care for an elder loved one, whether he lives with you or not. An experienced elder law attorney who has counseled others in your position can draw on his experience to provide you the guidance, support and encouragement you need to meet your new challenges. ConclusionIf you feel you need to take control of the future financial or personal decisions for yourself or the protection of a loved one, act quickly. Contact an experienced elder law attorney immediately. Taking the necessary steps now to establish guardianships, conservatorships, powers of attorney, and health care directives can eliminate financial waste, personal turmoil, and family burdens for yourself and your loved ones in the years to come. All the while, you can ensure the best available medical and long-term care for yourself or your family. Copyright ©1994-2006 FindLaw, a Thomson business DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. |
Call us nowor use the form below.Frequently Asked Questions about Elder LawQ: What is the difference between a guardianship and a conservatorship? A: Generally, a guardianship and a conservatorship are quite similar. A guardianship is a court-ordered relationship between a person, called a guardian, who has been appointed to care for the financial and personal matters of another, called a ward, after a judicial determination that the ward is legally incapacitated. A guardian generally has the power to choose where the ward lives, make all financial decisions on the ward's behalf, determine the ward's medical care, and control the ward's food, shelter, clothing, and other personal effects. A conservatorship, on the other hand, is much more limited. A conservator is generally appointed because the conservatee has been found incapable of making sound financial decisions. The conservator is entrusted with making those financial decisions necessary to compensate for the conservatee's inabilities. The conservatee can generally function as an ordinary person, calling for limited control by the conservator. Q: Do I surrender any rights when I execute a power of attorney? A: No. A power of attorney simply allows an appointed attorney-in-fact the right to exercise the same rights with respect to financial matters as you do. He can withdraw money from your bank account, write checks from your bank account, and buy and sell stocks on your behalf. Because nothing in a power of attorney deprives you of these rights, you have not surrendered any rights. You have, however, surrendered the right to exercise exclusive control over your financial matters. |

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Member of National Academy of Elder Law Attorneys (NAELA)
Member of the Probate Committee of the DuPage County Bar Association.
Member of the Probate Committee of the Kane County Bar Association
Copyright © 2008 by Russell E. Baldwin. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.