Caring for a loved one with special needs, whether elderly, disabled or otherwise, in all capacities can be challenging for anyone, and the legal issues associated with that care can be confusing and complex. Tucker Arensberg attorneys can assist in a variety of areas including:
- Special Needs Planning: Advising clients in assessing, qualifying and maintaining eligibility for public and other benefits. Our attorneys counsel disabled individuals and fiduciaries in navigating public benefit programs, such as Medical Assistance and Supplemental Security Income, handling personal injury settlements, catastrophic injuries, gifting strategies and remedying poorly planned bequests. Our attorneys draft and counsel on the administration of various trust instruments, including Special Needs and Supplemental Trusts.
- Long Term Care Planning: Advising clients in legal aspects of long term care needs and working with professionals in other disciplines. Our attorneys counsel clients in planning for future long term care needs and handling sudden long term care crises, including navigating the Medical Assistance system, financing long term care, long term care insurance, elder law mediations, payment and other disputes with long term care facilities.
- Guardianships: Advising families in assessing the need for the appointment of a guardian of the person and estate. Our attorneys counsel families, fiduciaries, residential care institutions, health care providers and related entities in petitioning for a court appointed guardian and administering the guardianship estate (including compliance with all interim court-required reporting and the ultimate closure of the estate.)
- Medical Assistance Litigation: Representing clients in dealing with the Department of Human Services and in appeals before the Department’s Bureau of Hearings and Appeals and beyond. Our attorneys counsel public benefit recipients, applicants and providers of public benefits in all aspects.
- Orphans’ Court Litigation: Advocating for individuals, family members, fiduciaries and institutions before Orphans’ Court in an array of matters, including will/trust disputes, third party liability matters, beneficial interests under trusts and all matters properly brought before the Orphans’ Court.
- Personal Injury Lien Resolution and Settlement Structuring: Defending Third Party Liability Liens imposed by State Medicaid Agencies in personal injury settlements to maximize an injured party’s recovery, and advising on the structuring of any settlement reached to ensure continued eligibility for public benefits and assets to meet special needs.
- Elder Law: Advising clients in all aspects of Elder Law in Pennsylvania, including estate, gift and income tax planning.
- Powers of Attorney and Healthcare Directives: Advising clients with capacity about durable powers of attorney and personal healthcare directives, as well as advising healthcare providers and financial institutions as to the implementation of such arrangements.