Elder Law

in Garner, NC

Quality of life is what matters here!

Have you heard of Elder law? Medicaid Planning?

If you haven’t had to care for an aging loved one in recent years, you may not have.

As average lifespans increase, managing quality of life and paying for our care as we age has become both more costly and more complex. And laws differ from state to state.

Elder law is a constantly evolving arena that includes, and goes well beyond, estate planning and wills. It’s a highly specialized practice area focused on addressing the many specific legal needs of older adults — particularly those related to long-term health care preparation, and maintaining both financial stability and overall quality of life. 

At Mackintosh Law, it’s a practice area that’s near-and-dear to our hearts, because we know what a difference it makes to the families we serve.

Areas of Elder Law

At Mackintosh Law, we’re committed to doing all we can to support our clients and their families for long and happy lives. Here are some of the most-common Elder Law needs in Garner, NC that we assist with:

Estate planning and administration

Asset protection planning

Long-term care planning

Advance directives

Guardianships

Decision making for an incapacitated person

Disability and special needs planning

Medicaid planning and applications

Compassionate Planning

from An Attorney Who Has Been Where You Are

Kristen Mackintosh, The Happy Lawyer, brings a personal style to all her clients, but when it comes to elder law, her experience goes deeper: her dad had a serious stroke, leaving him partially paralyzed and unable to speak at just 66 years old. After watching her mother transition into the role of caregiver… being part of the search for suitable in-home care (and later nursing home care), and all the challenges in between, she’s been where you are. 

Kristen brings a deep appreciation for elder law planning, the importance of having a plan in place before you need one. And she understands the emotional and financial stresses you face. You’re not alone, and you will get through this.

Let’s look at why some of these are so important…

Asset Protection

Asset protection is one of the most valuable services associated with Elder Law. Why? Because with soaring health care costs being a very real concern for us all, it’s the #1 path to protecting your future and ensuring the most comfortable lifestyle possible in the event you need care. 

Nursing homes, medications, in-home care, and adjustments to your home to accommodate physical changes each carry significant cost. Through asset protection, we help you find legal ways to preserve your assets for your family’s future, while still making it possible for you to get the care you need.

Starting early is best – but no matter when you start, an asset protection plan will make all the difference to your resources and options.

Medicaid Planning

Medicaid is a program that provides healthcare benefits to low-income adults, pregnant women, elderly adults, children, and individuals with disabilities. It also covers custodial care (e.g., long-term care). 

And given the high cost of care today, it’s a crucial form of assistance for millions of families. 

Since it’s designed as a safety-net for those without sufficient resources to pay on their own, there are specific financial eligibility requirements – caps, if you will – on assets and income. Your finances must be BELOW certain asset and income thresholds in order to qualify. 

  • Your financial situation will be reviewed going back either 2.5 years (for Medicaid home care benefits) or five years (for Medicaid nursing home benefits). 

That’s why early Medicaid planning is ESSENTIAL! Give yourself a less-stressful life, with the care you want – without sacrificing your family legacy. We’re here to help!

Urgent Elder Law Notice

Are you facing an unexpected, urgent, need for care?

Ask us about crisis asset planning protection… We may be able to help you find options that will make this difficult time a little less stressful.

How do I know if I need an Elder Law Attorney?

  • Do you have a current will (updated within the last five years, and reflecting any life or asset changes?)

  • In the event you require home care or nursing home care, will your assets be protected

  • Do you have a living will, health care proxy and durable power of attorney?

  • Is your home protected, perhaps in a trust?

  • Are you willing to spend half or even all of your assets on the cost of your elder care?

If you answered “no” or “I don’t know” to ANY of these questions, it is time to consult with an elder law attorney and make sure your future is covered properly.

How can an Elder Law attorney in Garner help you?

  • Guiding you through the early proactive planning process, working closely with your financial advisors if you have them, in order to protect both your assets and your well-being. 

  • Proactively preparing for Medicaid readiness, to help ensure you or your loved one will be able to afford the forms of care they need and want – and protecting your spouse and family legacy, too. 

  • Taking early action to avoid Medicaid’s estate recovery program, and genuine estate liens.

  • Using our experience to help you make better decisions and anticipate future medical needs, including long-term care, living will, designating someone to make medical decisions in case you’re unable to, and qualifying for Medicaid without depleting all assets.

Aging and health care both come with complex legal issues and regulations. And of course these laws vary by state! Whether you’re a lifelong North Carolinian, or have moved here to enjoy your retirement, it’s important to have both accurate and compassionate guidance.

The Happy Lawyer, Kristen Mackintosh, has the unique, personal, understanding of the impact that disability and aging can bring. From both professional and family experience, she gets what you’re going through, and all the significant ways these difficulties affect you and your loved ones – physically, socially, and financially. 

Our experienced Garner, NC Elder Law attorney team at Mackintosh Law are ready to help you through this process, with personal care and compassion. Here are just some of the ways we dedicate ourselves to your best interests:

And Elder Law isn’t just for seniors. We can also serve the needs of war veterans and individuals with disabilities, and assist with conservatorship or guardianship if needed.