New Cumberland Elder Law Attorney
As individuals and families get older, legal and financial concerns can become more complicated. Questions about long-term care, Medicaid, asset protection, estate planning, powers of attorney, healthcare decisions, and protecting a spouse or loved one may all become part of the conversation.
For families in New Cumberland, Pennsylvania, elder law planning can provide an opportunity to address these concerns before they become emergencies.
At Keystone Elder Law, P.C., we help individuals and families throughout New Cumberland and the surrounding South Central Pennsylvania communities navigate the legal issues that can arise as they age. Our approach considers the broader picture rather than treating each legal issue as an isolated problem.
Whether you are planning for your own future, helping an aging parent, preparing for potential long-term care, or dealing with an immediate legal concern involving an elderly family member, our attorneys can help you understand your options.
Take the next step toward protecting yourself and your family. Contact Keystone Elder Law, P.C. to schedule a consultation or call (717) 697-3223.
What Is Elder Law?
Elder law is a broad area of legal practice addressing issues that commonly affect older adults and their families. It can include estate planning, long-term care planning, Medicaid planning, asset protection, powers of attorney, living wills, special needs planning, estate administration, and related matters.
Elder law is not limited to people who are already in a nursing home or receiving government benefits. Planning can begin well before a person needs long-term care.
In many situations, early planning gives families more time to consider their options and make decisions based on their individual circumstances.
At Keystone Elder Law, P.C., our elder law services are designed to help families address both immediate legal needs and longer-term concerns.
Elder Law Services for New Cumberland Families
Every family’s situation is different. Some clients may need help preparing documents for incapacity, while others may be dealing with long-term care costs or the administration of a loved one’s estate.
Our elder law practice includes a range of services, including:
- Elder law
- Estate planning
- Estate litigation
- Estate and trust administration
- Life care planning
- Long-term care planning
- Medicaid planning and asset protection
- Middle-class asset protection
- Powers of attorney and living wills
- Probate and estate administration
- Special needs planning
These areas can overlap. For example, a family creating an estate plan may also need to consider long-term care. Someone preparing for Medicaid may also need to review powers of attorney and existing trusts.
A coordinated approach can help identify how one planning decision may affect another.
Long-Term Care Planning in New Cumberland
One of the most significant concerns for many older adults is the potential need for long-term care.
Long-term care can include nursing home care, assisted living, home-based services, or other forms of assistance depending on an individual’s needs.
The financial impact can be substantial, which is why long-term care planning can be an important component of elder law.
Planning may involve reviewing:
- Income
- Bank accounts
- Real estate
- Retirement accounts
- Investments
- Insurance
- Existing trusts
- Marital assets
- Family circumstances
- Existing estate planning documents
The appropriate strategy depends on the individual’s circumstances and the timing of the planning.
Waiting until a person is already facing a long-term care crisis can make planning more difficult. Beginning the conversation earlier may provide additional time to understand available options.
Medicaid Planning and Asset Protection
Medicaid, known as Medical Assistance in Pennsylvania, can play an important role in paying for certain long-term care services for individuals who meet applicable eligibility requirements.
However, Medicaid eligibility involves financial and other requirements. Families should not assume that they need to spend everything they have before exploring planning options.
Medicaid planning may involve evaluating assets, income, transfers, trusts, property ownership, and other financial circumstances.
Asset protection planning must be approached carefully because transferring assets without considering applicable Medicaid rules can have unintended consequences.
At Keystone Elder Law, P.C., we help New Cumberland families understand the relationship between long-term care, Medicaid planning, and asset protection.
Our goal is to help you make informed decisions based on your circumstances rather than waiting until a crisis leaves fewer options available.
Middle-Class Asset Protection
Asset protection is not only a concern for wealthy families.
Many middle-class households have spent decades accumulating a home, retirement savings, investments, bank accounts, and other assets. The possibility of those resources being consumed by long-term care expenses can be concerning.
Middle-class asset protection planning considers how a family’s assets may be affected by future care needs while also taking into account the family’s broader estate planning goals.
There is no single strategy that applies to every household. Planning must be based on the individual’s assets, family structure, health circumstances, timing, and objectives.
An elder law attorney can help identify the issues that should be considered before making significant financial or legal changes.
Powers of Attorney and Living Wills
A comprehensive elder law plan should address what happens if a person becomes unable to make financial or healthcare decisions.
A financial power of attorney can designate an individual to act on your behalf regarding financial and legal matters.
A healthcare power of attorney can designate someone to make healthcare decisions when you are unable to communicate or make those decisions yourself.
A living will can also communicate your wishes regarding certain end-of-life medical treatment.
These documents can be especially important for older adults because they can provide family members with direction during an illness or incapacity.
For more information, see our Power of Attorney FAQ.
You can also learn more about Powers of Attorney and Living Wills and how they can fit into an overall plan.
Estate Planning and Elder Law
Estate planning and elder law frequently overlap.
An estate plan may include a will, trust, powers of attorney, healthcare documents, beneficiary designations, and other planning tools. Elder law expands the conversation to include issues that may arise during a person’s lifetime, particularly as health, capacity, and long-term care needs change.
For example, a family may need to consider:
- Who will manage financial affairs if someone becomes incapacitated?
- Who will make healthcare decisions?
- How should assets be transferred to children or other beneficiaries?
- Could long-term care expenses affect an inheritance?
- Should a trust be considered?
- What happens if one spouse requires nursing home care?
- How should special needs beneficiaries be protected?
- What documents need to be updated?
These questions demonstrate why elder law should be considered as part of a broader lifetime planning strategy.
Life Care Planning
Life care planning takes a comprehensive approach to planning for the legal, financial, medical, and personal issues that may arise as a person ages.
Rather than focusing on only one legal document or problem, life care planning can help families consider the bigger picture.
Depending on the circumstances, planning may involve:
- Current healthcare needs
- Future care needs
- Financial resources
- Long-term care options
- Medicaid planning
- Estate planning
- Asset protection
- Family responsibilities
- Legal documents
- Care coordination
For families caring for an aging parent or loved one, having a plan can help make an uncertain situation more manageable.
Special Needs Planning
Families who have a loved one with a disability or special needs may face additional estate planning concerns.
A traditional inheritance may affect a person’s eligibility for certain means-tested government benefits. Special needs planning can help families consider how to provide financial support while taking applicable benefit requirements into account.
Depending on the circumstances, special needs trusts and other planning strategies may be considered.
These decisions can be highly individualized, which is why families should evaluate their options before transferring significant assets to a beneficiary with special needs.
Probate and Estate Administration
Elder law also includes helping families after a loved one dies.
Probate and estate administration may involve identifying and valuing assets, addressing debts, preparing necessary filings, communicating with beneficiaries, handling tax obligations, and distributing property according to the governing documents and applicable law.
Estate administration can become more complicated when an individual owned multiple assets, had a trust, owned real estate, had significant retirement accounts, or had complicated family circumstances.
The estate administration process can also raise questions about inheritance tax and other financial obligations.
Planning ahead can make these responsibilities easier for the people who eventually administer your estate.
Estate and Trust Administration
Trust administration can involve responsibilities that are different from traditional probate.
A trustee may need to identify trust assets, communicate with beneficiaries, follow the terms of the trust, address expenses, maintain appropriate records, and distribute assets according to the trust’s instructions.
Families should understand that creating a trust does not necessarily eliminate every administrative responsibility.
Proper administration can be important for protecting beneficiaries and carrying out the deceased person’s or trust creator’s instructions.
Estate Litigation and Elder Law Disputes
Unfortunately, aging and estate planning can sometimes create disagreements among family members.
Disputes may involve wills, trusts, beneficiary designations, financial decisions, estate administration, or allegations concerning undue influence or improper conduct.
Estate litigation can be complicated because family relationships and legal rights may overlap.
If a dispute develops, understanding the applicable legal documents and circumstances is important before deciding how to proceed.
Keystone Elder Law, P.C. provides legal services involving estate-related disputes and can help families understand their legal options.
Why Early Elder Law Planning Matters
One of the most important principles in elder law is that timing matters.
Families often begin asking questions after a medical diagnosis, hospitalization, nursing home admission, or other emergency.
Unfortunately, some planning strategies may have limitations when implemented after a crisis has already occurred.
Starting earlier can provide more time to:
- Review existing documents
- Identify potential long-term care concerns
- Understand Medicaid requirements
- Evaluate asset protection options
- Update beneficiary designations
- Establish powers of attorney
- Discuss healthcare preferences
- Consider trust planning
- Coordinate an estate plan
You do not need to wait until you need long-term care to begin thinking about elder law.
Keeping Your Plan Current
Elder law planning should evolve as circumstances change.
A document prepared years ago may no longer reflect your current family, financial situation, or wishes.
Consider reviewing your plan after:
- Marriage or divorce
- Death of a beneficiary
- Death or incapacity of an appointed agent
- Birth or adoption
- Major changes in financial assets
- Retirement
- A significant diagnosis or health change
- Moving to another state
- Changes in family relationships
- Changes in applicable law
Estate planning is an ongoing process, not a one-time event.
Our educational resource, Why Estate Planning Matters at Every Stage of Life, provides additional information about why planning should evolve with your circumstances.
Why Choose Keystone Elder Law, P.C.?
At Keystone Elder Law, P.C., we understand that elder law matters can involve some of the most personal and difficult decisions a family will face.
Our attorneys work with individuals and families to understand their circumstances, identify legal issues, and develop strategies designed around their goals.
Our services extend across estate planning, long-term care planning, Medicaid planning, asset protection, life care planning, powers of attorney, living wills, special needs planning, probate, estate administration, and related elder law matters.
You can learn more about the professionals who make up our Our Team.
We also invite you to review our client testimonials to learn about the experiences of families who have worked with our firm.
Educational Resources for New Cumberland Families
Elder law can be complicated, and families often have questions before they are ready to schedule a consultation.
Keystone Elder Law, P.C. offers educational resources to help individuals and families learn more about estate planning, elder law, long-term care, asset protection, and related topics.
Our workshops provide educational opportunities on important planning issues.
You can also subscribe to our newsletter for additional information.
For answers to frequently asked questions, visit our common questions page.
Our blog also provides additional educational information about elder law and estate planning.
Frequently Asked Questions About Elder Law in New Cumberland, PA
Q. What does an elder law attorney do?
A. An elder law attorney helps individuals and families address legal issues that may arise as they age. Services can include long-term care planning, Medicaid planning, asset protection, estate planning, powers of attorney, special needs planning, probate, and estate administration.
Q. When should I contact an elder law attorney?
A. It is generally beneficial to begin planning before a crisis occurs. Families may want to consult an elder law attorney when beginning retirement planning, considering long-term care, updating an estate plan, helping an aging parent, or dealing with a significant change in health or finances.
Q. Can elder law planning help protect my assets?
A. Elder law planning may include asset protection strategies, but the appropriate approach depends on your assets, health, family circumstances, timing, and applicable laws. Planning should be completed carefully before transferring or restructuring assets.
Q. What is Medicaid planning?
A. Medicaid planning involves evaluating a person’s circumstances and potential eligibility for Medicaid while considering applicable financial and other requirements. It may include reviewing assets, income, property ownership, trusts, and long-term care needs.
Q. Does Medicaid planning only apply to people who are already in a nursing home?
A. No. Medicaid and long-term care planning can be considered before someone needs nursing home care. Early planning may provide additional opportunities to evaluate potential strategies.
Q. What is a power of attorney?
A. A power of attorney allows you to designate another person to act on your behalf within the authority provided by the document. A financial power of attorney can address financial matters, while a healthcare power of attorney can address healthcare decisions.
Q. What is a living will?
A. A living will is an advance directive that can communicate certain healthcare preferences, particularly concerning end-of-life treatment. It can work alongside other healthcare planning documents.
Q. Can elder law help with planning for an aging parent?
A. Yes. Elder law planning can help families address issues involving an aging parent’s finances, healthcare decisions, long-term care, Medicaid, asset protection, estate planning, and legal documents.
Q. What is special needs planning?
A. Special needs planning addresses estate and financial planning for a person with a disability or other special needs. Planning may consider trusts and other strategies intended to provide financial support while preserving eligibility for certain benefits, where applicable.
Q. How do I get started with elder law planning in New Cumberland?
A. Start by gathering information about your current estate planning documents, assets, family circumstances, healthcare concerns, and long-term care questions. An elder law attorney can help identify the issues that should be addressed and explain potential planning options.
Speak With a New Cumberland Elder Law Attorney
Aging can create legal and financial questions that are difficult to answer without proper planning. Whether you are preparing for the future, helping an aging parent, facing potential long-term care, or administering a loved one’s estate, having a plan can make the process easier to navigate.
Keystone Elder Law, P.C. helps individuals and families in New Cumberland and throughout South Central Pennsylvania address the legal issues that accompany aging and long-term care.
From estate planning and powers of attorney to Medicaid planning, asset protection, life care planning, probate, and estate administration, our team can help you evaluate your legal options.
Take the next step toward protecting yourself and your family. Contact Keystone Elder Law, P.C. to schedule a consultation or call (717) 697-3223.
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REGISTER HERE for LONG-TERM CARE PLANNINGPower of Attorney
A Power of Attorney can be used to give another person the right to sell a car, home, or other property in the place of the maker of the Power of Attorney. A Power of Attorney might be used to allow another person to sign a contract for the maker of the Power of Attorney (the person who makes a power of attorney is called the “principal”). It can be used to give another person the authority to make health care decisions, do financial transactions, or sign legal documents that the principal cannot do for one reason or another. With few exceptions, Powers of Attorney can give others the right to do any legal acts that the makers of the Powers of Attorney could do them themselves. A General Power of Attorney gives the “power of attorney Agent” or simply “Agent” (the legal name of the person who is authorized to act for the principal) very broad powers to do almost every legal act that the principal can do. When Elder Law Attorneys draft general Powers of Attorney, they still list the types of things the Agent can do but these powers are very broad. People often do general Powers of Attorney to plan ahead for the day when they may not be able to take care of things themselves. By doing the General Power of Attorney, they designate someone who can do these things for them.
Normal Powers of Attorney terminate if and when the principal becomes incompetent. Yet many people do Powers of Attorney for the sole purpose of designating someone else to act for them if they cannot act for themselves. It is precisely when persons can no longer do for themselves that a Power of Attorney is most valuable. To remedy this inconsistency, the law created a Durable Power of Attorney that remains effective even if a person becomes incompetent. The only thing that distinguishes a Durable Power of Attorney from a regular Power of Attorney is special wording that states that the power survives the principal’s incapacity. Even a Durable Power of Attorney, however, may be terminated under certain circumstances if court proceedings are filed. Most Powers of Attorney done today are durable.
Yes. At the time the Power of Attorney is signed, the principal must be capable of understanding the document. Although a Power of Attorney is still valid if and when a person becomes incompetent, the principal must understand what he or she is signing at the moment of execution. That means a person can be suffering from dementia or Alzheimer’s Disease or be otherwise incompetent sometimes but as long as they have a lucid moment and are competent at the moment they sign the Power of Attorney, it is valid even if they do not remember signing it at a later date. At the time it is signed, the principal must know what the Power of Attorney does, whom they are giving the Power of Attorney to, and what property may be affected by the Power of Attorney.
Any competent person eighteen years of age and older can serve as an agent. Certain financial institutions can also serve. There is no course of education that agent must complete or any test that Agent must pass. Because a Power of Attorney is such a potentially powerful document, agents should be chosen for reliability and trustworthiness. In the wrong hands, a Power of Attorney can be a license to steal. It can be a big responsibility to serve as an agent.
For Medicaid
Medicare is health insurance and covers medical services such as physician appointments, therapy, blood tests, x rays, medical procedures and hospitalization. Medicare will sometime pay for rehabilitation in a long-term care facility for a period of 20 to 100 days, but not longer. In long-term care, Medicaid covers the cost of ongoing support services for daily functioning, such as room and board in a nursing home.
Medicaid is a federal program that is overseen by the Center for Medicare and Medicaid Services (CMS). In Pennsylvania, Medicaid is called Medical Assistance and is administered by the Department of Human Services (DHS).
In Pennsylvania, Medicaid funds are not available to pay for assisted living or personal care.
For Medicaid to pay for care in a nursing home, an individual recipient must be determined to need a nursing home level of care by a physician and the local Office of Aging. An individual whose income is not greater than three times the poverty level may keep up to $8,000 of total resources, but may otherwise keep only $2,400. The cash value of life insurance counts as a resource, but one car and a residential home does not count as a resource.
What an amazing team you have!!! Taking charge and getting things done, but also being so understanding and compassionate
Empowering Clients with Holistic Planning at
Keystone Elder Law
At Keystone Elder Law, we believe that the physical, social, legal, and financial considerations of our clients all intertwine. We utilize an interdisciplinary approach to evaluate each area, which allows for the creation of a plan that addresses the concerns of the individual as a whole as well as the family. To this end, our model of practice includes a Care Coordinator (usually a nurse or social worker), whose expertise complements our team of attorneys.
When the road of life is smooth, decisions about legal and financial matters are easy to push aside for “a rainy day.” Planning ahead, however, will allow for more options as you view the map of where you’ve been and where you want to go. Don’t let a crisis limit your choices or derail your plans.
(717) 697-3223