What is Elder Law?

Elder law encompasses a wide range of services, mostly focused on our aging seniors or disabled persons, often those who need the most assistance from family and other care givers.  Questions that arise from health care, long term care planning, and guardianship also fall under the umbrella of Elder Law and those matters are addressed by elder law attorneys.  As these matters are often so personal, it is important to find an attorney with whom you are comfortable.

Many find it difficult to plan for events like the death of a spouse, in home care, or nursing care in a long term care facility.  With the help of a caring elder law attorney, families often find the act of planning gives them peace of mind moving forward.  Here are a few of the services often offered by Central Kentucky elder law attorneys.

Estate planning

The area of estate planning includes Wills, probate matters, and other matters that include an individual’s assets.  No state can force a person to get a will, however having a will and a plan in place for how your assets should be distributed is always a good plan.  Documents like a will, durable power of attorney, or health care directive are also included in general estate planning. Each document serves as a gift to the next generation, as they will be confident they are honoring the wishes and requests made during the family member’s life time.

Additionally, if you have a disabled child, planning is crucial.  To remain eligible for many programs like Medicaid, you must be able to show that the disabled child does not have assets or income that exceeds a certain threshold.  Therefore your best planning strategy will change if you have a disabled child who may inherit.  An elder law attorney can present different options after reviewing your specific situation and find a solution that will suit your needs.

Long Term Care Planning and Medicaid Planning

Planning for medicaid is a challenge for many because they either think that they won’t be eligible or that they won’t need long term care in a nursing home facility.  Plan early and plan with an elder law attorney, because many end up paying high costs for care not knowing that they could have saved that money for the next generation.

Not all nursing home beds are the same, as some facilities have a limited number of medicaid beds available. Elder law attorneys work to build relationships with nursing homes to better serve their clients.   When you work with an elder law attorney who has built that type of relationship, they can better offer advice on the options available in your specific situation.  Again, every situation is unique and without a personalized consultation for Medicaid planning services you could miss out on planning strategies that could save you money and time.

VA benefits

Many elder law attorneys will work with their clients to see if they are eligible for VA benefits.  Not all elder law attorneys assist with VA benefits, so make sure to tell your attorney if you are a combat veteran who may be eligible for specific benefits.  Additionally, many surviving spouses are eligible for benefits as well.  Be sure to call and set up an appointment with a Kentucky elder law attorney to see if you meet the qualifications and are eligible for VA benefits.


Legal guardianship can be a challenge for most families.  When it becomes clear that a loved one can no longer care for themselves or make financial decisions based on poor health or disability, guardianship may be the only option.  Often times a loved one may become disabled and family members need to have some legal rights to provide for the disabled family member’s care. Applying for guardianship is no laughing matter,  as there will be a court proceeding to determine if guardianship is what is best for the family member.  For more informaton on guardianship, please contact the A.M. Brown Law Office and discuss the steps necessary to start the Guardianship process.

Many other topics fall under the broad category of elder law.  If you or a loved one is ready to plan for the future, call today, or complete our online form here.  Contact the A.M. Brown Law Office for your free phone consultation.