Elder Law Lawyer Chesterfield MO

Elder Law Lawyer in Chesterfield Missouri

Elder Law Lawyer Chesterfield MissouriAn elder law lawyer in Chesterfield MO is going to be your advocate in all things that affect the older population. This could mean your lawyer is going to handle long-term care planning, health care, guardianship, retirement, Social Security, Medicare/Medicaid, and more. These lawyers are considered to be specialists because they focus on the needs of older adults—and older adults need a bit more care than younger ones.

An elder law lawyer in Chesterfield Missouri can help you handle your financial needs, your estate planning needs, and even help with day-to-day issues that affect senior care, such as assisted living and life planning!

An elder law lawyer will help you understand the importance of wills and estate planning, if you have any minors or adults with special needs in your care, they’ll take that into consideration as well. They’ll help you understand probate proceedings, too. Your lawyer is going to be able to help with creating a power of lawyer that’s in your best interest, provide you help with healthcare and planning your healthcare, housing opportunities, income management, and more.

If you need a guardian, or someone in your care will need a guardian if you pass away, an elder law lawyer can help with that. They’ll help you go through the people in your life who may be a viable guardian for yourself—or a dependent. Furthermore, if a dependent—or yourself—needs long-term care facilities, they’ll help locate one that’s in your budget and help you to budget and manage the cost.

Your lawyer will also help explain your rights if you’re in a nursing home, assisted living facility, or living on your own. They’ll ensure that should you need a nursing home claim filed, it’s filed in a timely manner and in a way that will garner the best results for your case.

Legacy Law Center was founded in 2012, and their goal is to provide senior citizens, veterans and families with proper estate planning. In fact, Charles J. Moore, the owner and founder of Legacy Law Center, has been practicing law since 2005—he started in estate planning, and dealt with probate claims as well.

When Mr. Moore moved from California to New Jersey, he took up litigating estate matters, too. He served as an assistant municipal prosecutor. He eventually moved back home to St. Charles County and founded a law firm—The More Law Firm. This firm focused solely on estate planning, probate, business and estate litigation as well as criminal defense. But in 2012, Mr. Moore realized his passion was probate matters and estate planning—and he founded Legacy Law Center to serve his passion to the people.

So if you need an elder law lawyer in Chesterfield, Missouri, consider Legacy Law Center. Charles Moore has experience and passion that can be of use to you. He and his firm have received various awards and recognitions, such as being named one of the “10 Best Estate Planning Attorneys in Missouri” in 2018, a recognition received from the American Institute of Legal Counsel.

Reach out to Legacy Law Center today, for your elder law needs.

When a Loved One Requires a Conservator

An elder law lawyer in Chesterfield, Missouri understands that seeing a loved one suffer from a serious accident or become diagnosed with a disease can be heart-wrenching for family members. If the loved one did not appoint a power of attorney to handle his or her finances, then a conservator may be chosen to take over the role instead. The court system typically holds a hearing and looks at the facts of the situation, to decide whether a conservatorship is required.

 A family member who is concerned about the outcome of who is chosen as the conservator can rely on a lawyer at Legacy Law Center for assistance. We have been dedicated to helping protect the rights and future of loved ones. We understand this may be an emotionally difficult time for you. We will do whatever is within our power to see that the end result is what you hope for.  

Conditions That May Require Conservatorship

Sometimes, we are faced with a situation where our loved one has become unable to take care of his or her own finances due to an injury, illness or disability. If this happens, then another person must take over responsibilities related to finances. Here are some specific examples of conditions that may require a conservatorship: 

  • If the loved one suffers a brain injury due to an accident and has permanent impairments related to doing math
  • If the loved one becomes mentally challenged due to a neurological condition, such as Alzheimer’s or Parkinson’s
  • If the loved one falls into a coma
  • If the loved one has recently suffered a stroke

Concerns About Potential Conservators

Handling someone’s finances is a very serious role, where the person appointed should not be driven by self-motivations. A family member who is worried that a potential conservator is not suited for the job may turn to an experienced elder law lawyer in Chesterfield, Missouri for help. We understand that the person in charge of your loved one’s finances should be responsible, honorable, respectful, and prepared for the job. We can help you argue against a certain individual becoming a conservator if you are worried your loved one will suffer because of it. 

The Two Main Factors of Incapacitation 

Conservators are commonly appointed for those who become incapacitated. In general, a person who is unable to make important decisions may be deemed incapacitated. The courts do not take cases of conservatorship lightly. It is standard practice for the court to hold a hearing and evaluate facts about the person’s health. The two main factors in whether a loved one is incapacitated include: 

  1. Whether he or she can communicate needs and personal wishes
  2. Whether he or she understands information regarding health, living situation, finances, and other topics to the extent that sound decisions can be made

If you are worried that the wrong person will be appointed conservator or just want legal advice about an upcoming hearing, a lawyer at Legacy Law Center can be of representation for you. Our experienced lawyers can offer professional guidance and support during this difficult transition. Please call us today to receive a free starting consultation from our Chesterfield, Missouri elder law lawyers. 

10 tips to protect your aging parents’ assets

There are several simple and more complex steps you can take when your loved one is in the early stages of memory loss to help protect them financially. These include the following:

  1. Talk to your loved one often and as soon as possible about their wishes for the future and your desire to help. (See below for four tips on starting the conversation.)
  2. Block scammers from calling. Add your parents’ home and mobile phone numbers to the National Do Not Call Registry.
  3. Sign your parents up for free credit reports. Federal law requires each of the three nationwide consumer credit reporting companies — Equifax, Experian, and TransUnion — to give you a free credit report every 12 months if you ask for it.
  4. Help set up automatic payments. Work with your parents to have their utility bills, mortgage payments, and credit card payments taken care of automatically.
  5. Agree on a daily spending limit on credit or debit card purchases. If overspending continues, consider using preloaded bank cards instead of regular credit or debit cards.
  6. Weigh the pros and cons of opening a joint banking account with your parents.
  7. Learn more about their estate. Ask your parents about their estate and their goals for the future. What were their financial decisions and what guided them? This can help you ensure there aren’t unaccounted for assets that might be vulnerable.
  8. Discuss simplifying their financial portfolio. Enlist the help of a certified financial planner to discuss the various ways your parents can simplify their portfolio and how to set aside money for future long-term care.
  9. Designate a durable power of attorney (POA) by talking with an elder law attorney. A durable POA can act on a person’s behalf financially and legally when they are no longer able to do so. It can help people with dementia and their families avoid court actions that could remove control of a parents’ assets, according to the National Institute on Aging. Send this document to any company, organization, or facility your parents use so you can communicate with them on your parents’ behalf.
  10. Establish a living trust and designate a trustee. A living trust provides guidance on managing your parents’ estate. The trustee follows these instructions when a parent with dementia is no longer able to manage their affairs.

Signs of elder financial abuse or fraud

Even if family members are vigilant, scammers can still take advantage of seniors with memory loss via telephone, e-mail, and in-person scams. Con artists can be very convincing. They know how to apply pressure to get seniors to act quickly.

It’s not uncommon for seniors to give their credit card information over the phone to someone pretending to be a grandchild in need. Sometimes, the person committing elder financial abuse is a family member or “friend” taking advantage of a senior’s diminishing cognitive ability.

Be alert for:

  • Strange-looking signatures on checks or legal documents
  • Talk or evidence of unexplained money transfers
  • Sudden changes in your parents’ will
  • Changes to the mortgage, loans, or other major financial agreements
  • Missing jewelry or cash
  • Newly established lines of credit
  • High numbers of phone solicitations or telemarketers
  • Repeated calls from unknown numbers at the same times of day
  • Written threats of extortion
  • Non-FDA approved medical devices or procedures such as hearing aids
  • Unnecessary home or auto repairs such as for hail damage or driveway surfacing
  • Unusual requests for sizeable charitable donations

Where to report financial abuse of the elderly

If you think your parent has been the victim of a scam, you should take action quickly. Our experienced elder law lawyer in Chesterfield MO can offer professional guidance and support during this difficult transition. Call us today.