DuPage County Elder Law Attorneys
Experienced Legal Representation for Elder Law Issues
When you have aging loved ones, there are a lot of decisions to be made around senior care, how to pay for it, and overall estate planning. However, because each family has a unique set of dynamics, there is no "one size fits all" solution to address these issues. To properly plan for the care of your senior family members, you need elder law attorneys with experience in a wide range of related practice areas that understand the big picture and can craft a strategy addressing all circumstances.
At Momkus McCluskey LLC, we take a holistic approach to elder law, working closely with our clients to provide the solution that best meets their specific needs. Our skilled legal team has vast experience in estates, trusts and asset protection planning, family law, civil litigation and appellate practice. We put our experience to work to customize a plan that is comprehensive and accomplishes your goals effectively and cost-efficiently. It is always our hope that these decisions be made with the input of your aging loved ones, but we understand that this is not always possible. We work with all able parties to ensure that the interests of your loved ones are protected.
Long-Term Care Planning
With health care costs continually on the rise and Americans living longer than ever before, it is essential that your senior family members can gain access to the quality of care they deserve to enjoy in their golden years. We help our clients decide how best to receive this care based on their specific needs and budget. There are several tools that can be employed to ensure your aging loved one receives proper care. These include:
- Living Trusts: A living trust can be used as a disability planning tool to grant control over the assets within your estate to a trusted family member (or friend) and ensure that they are used to help pay for long-term care expenses.
- OBRA Trusts: Even if one has significant assets, they can be diminished quickly by a nursing home. Placing these assets into an OBRA trust exempts them from consideration in qualifying for Medicaid assistance. This allows you to preserve those assets and receive the long-term care you need.
- Guardianships: If your aging loved one becomes physically or mentally incapacitated, a guardian can be appointed by the court to make long-term care decisions on their behalf.
End of Life Planning
End of life planning involves more than just deciding who should inherit the assets in your estate. There are also decisions to be made about which medical procedures you wish to receive and which to decline if the situation arises. To ensure that everyone is on the same page, there are tools you may want to consider employing, including:
- Wills: A will is the most basic estate planning tool which designates the transfer of assets to beneficiaries after death. A living will can also be set up to provide advanced directives about end of life health care.
- Powers of Attorney: Often used in conjunction with a living will, a power of attorney for health care can be created to designate someone to make medical care decisions on your behalf should you become incapacitated.
Even when everything is properly planned in advance, there are times when things go wrong and there is a need to go to court. For example, if you believe your senior loved one is being abused or just not receiving adequate quality care in a nursing home/assisted living facility, litigation may be the only way to bring about appropriate relief. When the need arises, our skilled civil litigation team is ready to advocate for your loved one’s best interests.
For experienced guidance on a wide range of elder care legal issues in Illinois, contact Momkus McCluskey LLC today at 630-434-0400. We provide advice and counsel from our team of dedicated elder law attorneys in DuPage County, Lisle, Naperville and Downers Grove.