"Elder Law" includes all legal issues pertaining to elders and their families. Again, elder law is the umbrella from which all other legal services pertaining to elders are derived. The following is a brief discussion of some pertinent elder law issues. You can locate more information on our web pages dedicated to: estate planning, trust services, probate and special needs trusts. Keep in mind, there is significant overlap between these practice areas.

Frequently, a client is concerned about protecting assets in the event he or she is faced with future long-term care costs. Chronic medical conditions such as Alzheimer's related dementia unfortunately have a predictable path and future long-term care may be inevitable. The client's concerns are legitimate when the costs of care are considered. In Connecticut, the average monthly cost of care exceeds $9,400 and the average annual cost of care exceeds $110,000. Asset protection is not limited to the client's divestment of his or her assets (meaning giving his or her assets away), but often includes the following analysis.

First, is the client a good candidate for purchasing long-term care insurance? This is dependent on the client's financial and medical condition. Purchasing insurance is always a cost-benefit analysis meaning: Do the anticipated benefits outweigh the projected costs? In some cases, the client does not believe that he or she can afford the insurance, but when the assets and income are restructured, long-term care insurance can become affordable. In addition, the policy options must be carefully considered to determine what benefit the client actually needs and this analysis can help to identify a policy that is both appropriate and affordable.

Second, is the client married? If the client is married, there are special considerations which must be taken into account in order to ensure that the "well spouse" does not become financially impoverished in the event the "ill spouse" needs long-term care. Thus, special planning is required in the case of a married couple who wants to protect assets from future long-term care costs. This is both true in the pre-planning stage as well as the crisis-planning stage.

Third, are there any unique circumstances that will enable asset-protection planning without impacting future Medicaid (Title 19) eligibility? Such circumstances could include a minor or disabled child who warrants support or the case of a caretaker child or protection of the home for a sibling who has an equity interest in the home. The possibilities are too numerous to list here, but the experienced lawyer in elder law matters can readily identify such opportunities for planning.

Fourth, is the client planning in advance? This is called pre-planning. In the case of pre-planning, there may be more opportunities to protect assets and ensure that the client's wishes are carried out in the event a chronic medical condition develops or in the event of a medical crisis. Planning in advance always presents the best opportunity for clients. Again, the roadmap is important. Part of this is considering the likelihood that certain things may occur and planning to minimize the financial devastation that can result from no planning. Again, giving clients Clarity for the Future is the goal.

Fifth, is the client seeking advice after a crisis occurs? This is called crisis planning. Again, planning in advance is the key, but do not assume that no planning can occur if the client is faced with a medical crisis and the likelihood of long-term care. Even in a crisis, a skilled attorney can assist in minimizing the financial damage and in navigating the long-term care system.