In a general sense, elder law is an area of law that focuses on the specific issues that aging individuals face. Elder law attorneys in Bluffton SC are well versed in various issues such as incapacity planning with financial and healthcare powers of attorney, and planning to help protect their families after death.
CALL US TODAY 843-681-6500
The Jolley Law Group is a trusted firm, serving Bluffton South Carolina, and has extensive experience in various elder law-related matters. You can reach one of Jolley Law Group’s attorneys by phone at 843-681-6500
Incapacity Planning
While growing older does not mean we lose our ability to make our own decisions, the risk of diminishing capacity increases as we age. Diseases such as Alzheimer’s and dementia may affect an individual’s ability to make decisions regarding their care and affect how they manage their financial affairs.
Elderly individuals should discuss the importance of creating financial and healthcare powers of attorneys. These documents, often called lifetime planning documents, allow the elderly individual to make certain decisions and designate certain agents to step in, should they lose the ability to care for themselves.
On the other hand, when an elderly individual lacks those documents, then the burden falls on their caregiver to take the necessary steps to ensure those decisions are properly made and enforced.
Navigating these issues requires an attorney with experience in the elder law arena. The Bluffton elder law attorneys at the Jolley Law Group have the experience and are always willing to assist the Bluffton, SC community. You can reach the Jolley Law Group at 843-681-6500.
Last Will and Testaments, Probate, and Trusts
While lifetime documents are important, so are traditional estate planning documents, like a Last Will and Testament. A Last Will and Testament is a testamentary document, meaning it is only useable when a person passes. Many elderly individuals will simply want to have a will drafted to distribute wealth to surviving family members.
Last Will and Testaments give direction to the Probate Court regarding who is to administer an estate, who is to inherit an estate, and how those assets are to be inherited.
Probate courts have their own set of rules that need to be followed and it is better to have an elder law attorney in Bluffton SC assist with navigating this process. Generally, probate in South Carolina will take a minimum of one year to complete, but certain issues, such as improperly drafted wills, will contests, etc. can extend this time frame.
Those individuals who wish to avoid Probate can do so by creating a Trust.
Trusts are great estate planning tools for elderly individuals because they are able to provide direction regarding incapacity issues, as well as, avoiding probate and dictating who is entitled to inherit an estate. Trust also provide more flexibility to create a plan that is tailored to meet the elderly individual’s goals for their estate.
The potential for abuse
While having documents in place is a great start for ensuring an elderly individual will receive care, there are people who try to take advantage of the elderly. This often happens in situations such as nursing home abuse and neglect, or various types of financial exploitation and neglect.
Elderly people often do not have the ability to defend themselves in these kinds of situations and abuse often goes unreported, so they will often need outside help from their families. An elder law firm in Bluffton SC with litigation experience, can assist those family members who need to take action to protect their elderly family member.
Whenever any of these issues arise, Bluffton SC elder law lawyers can provide representation and assistance, as well as hold the individuals or healthcare facility responsible for elderly abuse accountable.
Elder law advocacy and representation is available
Jolley Law Group is committed to helping clients succeed in any of these matters related to elder law. They are available at 843-681-6500 to provide more specific advice and answer questions.
