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Here at McClelland Law Firm, P.A., we’re one of the few firms that specializes in Elder Law. What is Elder Law? Elder Law encompasses many different fields of law. These fields include the preservation of assets, disability planning, nursing home rights, guardianships, and more.

Guardianships can be one of the best ways to protect a loved one from financial ruin or even abuse. These cases generally fall into two categories:

  1. Spouse obtaining a guardianship over a spouse.
  2. Child obtaining a guardianship over a parent.

At our firm, we believe that a guardianship should be a last resort. We attempt to work closely with the family and the proposed ward to avoid the court’s involvement and costs. Many families appreciate our reluctance to pursue the court unless it is absolutely necessary. If the court process is in the best interest of the spouse or parent, we will walk you through the process of initial filing to the court hearing before a judge. We understand this can be an extremely emotional process and hope our experience will help your family make the best decision possible.

Why does Elder Law matter?

It allows for a holistic approach to legal advice, taking everything from housing and financial well-being to long-term care and quality of life into consideration. Without being able to look at one’s entire situation, it is difficult to create an estate plan or Medicaid Crisis Plan that accurately addresses and fits their needs. Working with an Elder Law attorney helps ensure that you have peace of mind in navigating life’s legal issues.

When should you hire an Elder Law attorney?

One example would be making a decision to re-write your will while your spouse is ill. In this case, the estate planning attorney involved needs to have a working knowledge of Medicaid in order to identify any possible issues with regard to your spouse’s inheritance.

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Case Study 1:  

John Smith (Dad) and Jane Smith (Mom) live in a subdivision off Beebe Capps in Searcy. They have three out-of-state children:  John, Paul, and George. George is often busy traveling with his music career, and John’s wife has caused a lot of strife among the boys. When Paul visited in April 2016, Dad and Mom set up an estate plan putting Paul in charge because he not only had a successful business, but Dad said, “When the long and winding road is over, he’s the son to help the family come together.” Choosing the right agent or child can help keep the family together.

Case Study 2:  

The Smith family have recently retired in the Heights in Little Rock after a long career farming in the delta. They are the caregivers from a special needs grandson, Treveor. When they sold the farm near Marianna, they bought their dream home and invested the rest. Their number one goal is to establish a special needs trust for Trevor, who suffers from muscular dystrophy and will never live independently. Planning for special needs preserves state benefits, nominates caregivers should he outlive them, and maximizes the quality of life for their grandson.

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