Elder Law

Elder Law issues arise for clients of the McConnaughhay firm both personally and professionally. Special considerations have to be made and legal rights and responsibilities considered when dealing with individuals who are receiving or desire to receive government benefits or when questions regarding capacity arise for reasons associated with injury, age or developmental disability. The mishandling of the affairs of those who may lack capacity also leads to legal issues with which our firm is familiar and able to assist our clients in resolving.

  • Estate Planning

    As you think about a lifetime of hard work, you want to be sure your assets are protected and preserved in the manner which makes the most sense for you and your family. We work with individuals, business owners, charitable organizations and fiduciaries to help you achieve your objectives.

  • Fiduciary Litigation

    The McConnaughhay firm is able to work with those responsible for handling the financial affairs of someone lacking capacity. We are also able to assist when it is thought that the affairs of someone believed to lack capacity are being mishandled. Law on fiduciary responsibility is complex and full of pitfalls for the unwary, and the McConnaughhay firm is able to assist our clients in complying with the law and ensuring that others do the same.

  • Guardianships

    A critical component of many legal claims is the question of whether injured parties are fully competent to make decisions in their own best interest. Whether the issue arises as the result of physical injury, aging, illness, or other causes, it can unnecessarily complicate the resolution of issues and can thwart the intent of involved parties.

  • Long Term Care Planning

    Individuals and their families are often faced with tough decisions regarding long term care. Our firm works closely with our clients to ensure their needs are met.

  • Probate/Estate Administration

    When a loved one dies, that individual's property, or his or her interest in property (broadly defined to include personal effects, money, accounts, and real property), must be retitled to those who inherit. The failure to properly account for and retitle assets can result in problems for those who administer the estate as well as the estate's creditors and the ultimate beneficiaries.

  • Special Needs Trusts

    Both federal and state law recognize that a disabled individual may be the beneficiary of an inheritance, settlement or other lump sum payment or income stream that would deprive the disabled individual of desperately needed public assistance dollars. Thankfully, there are exempt trusts which, if properly created, funded and administered, will allow the disabled individual to continue to receive public assistance, while accessing the funds received for additional care.