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Practice Areas
Maine Elder Law Firm in Bangor offers elder law, special needs planning, and estate planning services throughout the State of Maine. We welcome you to learn more about our practice. For additional information and to schedule a consultation, please contact us.
Long-Term Care Planning
Asset Protection
Our clients may seek advice on how to protect their real estate, their investments, and their personal savings from liabilities including long-term care expenses. Where appropriate, we call on other professionals, including accountants, financial advisors, and long-term care insurance specialists. We also advise clients on the risks of lifetime transfers and the benefits of various types of trusts to accomplish their objectives.
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MaineCare Planning and Applications
When an individual faces an immediate need for expensive long-term care, our elder law attorneys consider many factors, including the individual’s income and assets, any medical and long-term care insurance coverage, military service, family circumstances, and especially the individual’s objectives. Even after a health care crisis, there often are legitimate strategies available to protect an individual’s assets from long-term care expenses, including costs of nursing homes, of residential care/assisted living facilities, and of nursing services in the home.
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Special Needs Planning
Special Needs Planning Excerpt
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Special Needs Trusts
A “special needs trust” can be a helpful tool in preserving an inheritance or settlement proceeds while maintaining a beneficiary’s eligibility for public benefits. There are two types of special needs trusts. A third-party supplemental needs trust is funded with assets belonging to someone other than the beneficiary. For example, a parent might establish this type of trust for an adult child as part of their estate plan. A first-party special needs trust is created and funded by an individual with a disability for their own benefit. Our team will design a plan to meet each family’s specific circumstances and unique needs and goals.
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Estate Planning for Parents of Children with Disabilities
Parents of minor or adult children who have a disability often think they cannot leave an inheritance to a beneficiary who relies on public benefits. This is not true. Our special needs planning attorneys advise on special needs trusts and other legal and financial planning tools which provide a more comprehensive and compassionate approach to ensuring the well-being of individuals with disabilities. With a deep understanding of the eligibility criteria for government assistance programs, we can create an estate plan that avoids disruption of these benefits and is sensitive to the needs of each individual beneficiary and their family.
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Guardianships, Conservatorships and Other Protective Proceedings
Preparing valid and thorough legal documents ahead of time is the best plan to avoid the need for a court-ordered guardian or conservator. These might include a Financial Power of Attorney and an Advance Health Care Directive or possibly a trust. If there are no legal documents and an individual does not have legal decision-making capacity, it may be necessary to petition the Probate Court to appoint a guardian or conservator or to authorize another protective arrangement for the individual. The Probate Court may appoint a guardian for an individual who is unable to make or communicate decisions regarding his or her physical needs. The Probate Court may appoint a conservator for an individual who is unable to manage finances or property. Maine Elder Law Firm represents petitioners seeking appointment as guardian or conservator. Our team is also dedicated to exploring and implementing alternatives to guardianship and conservatorship, ensuring that the least restrictive options are utilized to promote independence and autonomy. Learn More about Maine Guardianships and Conservatorships We welcome you to browse our articles on guardianship and conservatorship. We’re Here to Help To consult with us about whether a protective proceeding is needed and the process for petitioning the Probate Court. Get started here.
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Other Services
Wills, Trusts and Powers of Attorney
Our estate planning attorneys advise individuals and couples on how to manage and protect their assets during their lifetimes and how to transfer assets after death in ways that accomplish personal objectives. A complete estate plan typically includes a will and possibly a trust as well as financial powers of attorney and advance health care directives. The estate plan might include planning for a loved one with disabilities through a third party supplemental/special needs trust, planning for a child or grandchild unable to manage an inheritance, or planning to minimize exposure to estate tax.
Read MoreEstate and Trust Administration
At Maine Elder Law Firm, we advise personal and professional fiduciaries, including trustees of revocable and irrevocable trusts, personal representatives of decedents’ estates, and agents acting under powers of attorney and advance health care directives. These fiduciaries may need legal advice on inventorying assets, dealing with creditors and addressing Medicaid estate recovery claims, correctly distributing assets, interpreting legal documents, communicating with beneficiaries, addressing income and estate taxes, understanding their obligations and authorities, and more.
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Maine Elder Law Firm — We're Here to Help
To request a consultation or additional information about any of our legal services, we welcome you to contact Maine Elder Law Firm.
