• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
mendelson-logo

Mendelson Law Firm

Memphis TN Estate Planning & Creditors Rights Attorneys

Call Now (901) 763-2500
(866) 997-6325
Fax (901) 763-2525

Consumer Collection Matters Contact Portal
Make Payment

  • HOME
  • WHO WE ARE
    • Attorney and Staff Profiles
    • About Our Firm
  • HOW WE HELP
    • Commercial Collections & Subrogation
    • Consumer Collections & Collections Payment Portal
    • Estate Planning Services
      • Estate and Gift Tax Figures
      • Estate Planning
      • Legacy Planning
      • LGBTQ Estate Planning
      • Minor Children and Young Adult Planning
      • Pet Planning
      • Remarriage and Blended Families Protection
      • Wills and Trusts
    • Elder Law Services
      • Elder Law and Medicaid
      • Incapacity Planning and Caregiver Support
      • Trust Administration and Probate
    • Business and Financial Planning
      • Business Planning & Litigation
      • Family-Owned Businesses
      • Financial Planning Assistance
      • IRA and Retirement Planning
  • RESOURCES
    • Elder Law Reports
    • Estate Planning and Resources
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Estate Planning Frequently Asked Questions
      • Incapacity Planning Frequently Asked Questions
      • Legacy Wealth Planning Frequently Asked Questions
      • Trust Administration and Probate Frequently Asked Questions
    • LGBTQ Resources
    • Powers of Attorney, Health Care, and Emergency Documents
    • Pre-Consultation Form
    • Special Needs Resources
    • Trust Administration and Probate Resources
      • Bereavement Resources
      • How To Know If You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • The Mourner’s Bill Of Rights
      • Things You Need To Do When A Loved One Passes Away With A Trust
      • Trust Administration and Probate Definitions
      • Things You Need To Do When A Loved One Passes Away With A Will
  • ON-DEMAND WEBINAR
  • REVIEWS
    • Estate Planning Review
    • Collections Review
    • Other Legal Matters
  • BLOG
  • CONTACT US
    • Collections
      • Contact Us
    • File a Complaint
    • Other Legal Matters

Incapacity Planning and Caregiver Support

Estate planning should be viewed in a comprehensive manner. Yes, you have to address the actions that will be taken immediately after your passing, but you should also consider end-of-life eventualities.

Incapacity Among Elders

Everyone has heard of Alzheimer’s disease, but a lot of people are surprised when they learn about its widespread nature. The Alzheimer’s Association is a good source of information about this disease, and they have stated that over 30 percent of the oldest old have contracted Alzheimer’s.

This is not the only cause of dementia, so it is safe to say that cognitive impairment is common among elders. And of course, this is not the only type of incapacity that can strike when you get up there in years.

Adult Guardianship

If you do nothing to prepare for possible incapacity, the state could be petitioned to appoint a guardian to act on your behalf. There is a form of guardianship that is pursuant to health care decision-making, and the court can also appoint a guardian to manage your financial affairs.

Advance Directives for Health Care

You can take the matter into your own hands in advance to prevent an adult guardianship. When it comes to medical matters, you can assert your choices in documents called advance directives for health care.

A living will is one of these directives. You use this type of will to assert your life support preferences, and you can add your comfort care medication and organ and tissue donation choices.

To account for situations that are not related to the use of life-support, you can name an agent in a durable power of attorney for health care or health care proxy. To give the agent the ability to access your medical records, you should include a HIPAA release.

Financial Decision Making

When you work with an estate planning attorney from our firm to develop your plan, you will learn about the benefits that living trusts provide. You would act as the trustee while you are alive if you have a living trust, so you would maintain complete control of the assets in the trust.

In the trust declaration, you would name a successor trustee to administer the trust after your passing. They could be given the ability to act as a disability trustee in the event of your incapacity, or you could name a different disability trustee.

To account for property that is not held by a trust, you can name a representative in a durable power of attorney for property. The “durable” designation is operable because this type of power of attorney will stay in effect if you become incapacitated.

Caregiver Support

It can be physically and emotionally taxing to look after an aging parent or grandparent, and over 11 million unpaid Americans are providing care for people with dementia. In addition to the personal challenges for caregivers, the financial burden can become overwhelming.

In-home care is very costly, and nursing homes are much more expensive. Medicaid will cover custodial care, but a senior that needs long-term care cannot qualify if they have significant assets in their own name.

However, you can implement an effective Medicaid planning strategy if you act in advance, and this is an area of expertise for the elder law attorneys at our firm.

Schedule a Consultation Today!

We understand the fact that this is a disconcerting subject, but it is best to accept the reality and do what you can to prepare yourself. If you are ready to do just that, we are here to help.

A lot of people are reluctant to discuss personal and financial matters with an attorney they have just met, and we take this dynamic to heart. When you choose our firm, you will immediately recognize our sincere commitment to our neighbors.

Our goal is to help you prepare for the eventualities of aging as you protect your legacy for the benefit of your loved ones. If you are ready to get started, you can schedule a consultation at our Memphis, TN estate planning office if you call us at 901-763-2500 or 866-997-6325 or fax us at (901) 763-2525.

There is also a contact form on this site you can use to send us a message, and if you reach out in this manner, you can expect receive a prompt response.

Primary Sidebar

SUBSCRIBE TO OUR E-NEWSLETTER

WHERE WE ARE

MENDELSON LAW FIRM
799 Estate Place
Memphis, Tennessee 38120
Phone: (901) 763-2500
Fax: (901) 763-2525

Toll-Free: (866) 997-6325

OFFICE HOURS

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM
Friday8:00 AM - 5:00 PM

MAP/LOCATION

map

Footer

footer-logo

Mendelson Law Firm is a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose.

ATTORNEY ADVERTISEMENT

THIS IS AN ADVERTISMENT. Our firm reviews and updates this site periodically. However, there may be times when the information on our site is not current. The information provided on this site for informational purposes only and is not intended to be legal advice. If you wish to retain our firm to seek legal advice or representing you must enter into a client relationship by both parties entering into a written agreement. A lawyer client relationship is not created by communication or email through this web site. This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose.

  • Privacy Policy
  • Terms Of Service
  • Disclaimer
  • Site Map
  • Powered By American Academy of Estate Planning Attorneys
© 2023 Mendelson Firm, PLLC, All Rights Reserved