Elder Law

Elder LawElder law emerged as a legal discipline due to the increasing elderly population. It offers specialized treatment of the issues routinely faced by seniors, including disability benefits, medical care, long-term planning, asset protection planning, and management of medical expenses.

Hess Hess & Donnelson, LLP offers the experience needed to address legal concerns connected with aging. We are devoted to serving elderly clients and their family members in creating the best plans for their circumstances.

If you need to qualify for benefits or need an asset protection plan to preserve assets for yourself or your loved ones, we are here to create a customized approach to your estate, care, and income needs.

Estate Planning for Seniors

Estate planning is a big part of elder law. It generally includes drafting wills, trusts, powers of attorney, and health care directives but also involves planning for other issues unique to the aging population and their families. Concerns about long-term care and asset protection dominate this area of law.

While making provisions for the distribution of your property after death, we help you make plans concerning your care during your lifetime. This may include a Power of Attorney so you can have an agent act on your behalf with regarding to your assets, finances, insurance, and legal needs. It also may include a Designation of Health Care Representative, or Health Care Power of Attorney, which allows an agent to make medical decisions for you when you are no longer able to do so. If you have preferences for your care or the use of your assets, our attorneys can assist you in reaching your goals.

In this perspective, estate planning is also health care planning. We will help you find the best way to maintain independence while also assuring that you get support when you need it.

Public Benefits

Securing benefits is also an important aspect of ensuring proper care and providing you with options for your care as you age. VA Benefits and Medicaid are well-known programs that cover medical expenses and supply you with additional monthly income.

We understand that the information concerning these programs is often dense and overwhelming. Our attorneys can help you become eligible for benefits, protect assets, assist with applications, and handle any appeals if benefits are denied. We want to assure your care and comfort in the future.


Medicaid helps individuals afford their care, whether they are living in their homes, independent living, assisted living, or skilled, long-term care in a nursing home.

To qualify for Medicaid benefits, you must meet certain state and federal income and asset guidelines.  Hess Hess & Donnelson, LLP helps individuals create plans to protect assets and qualify for Medicaid benefits, whether they are needed immediately or at some point in the future.

VA Benefits

If you are a veteran of the armed forces or became disabled while serving, you may be eligible for Veterans Affairs (VA) Benefits. You can receive cash benefits as monthly income to support yourself. Whether you are a disabled Veteran, a housebound Veteran, or a Veteran needing the aid and attendance of another person for your care, there are VA programs that may be relevant to you,including vocational rehabilitation, insurance, and home modification or loan programs.  Importantly, VA benefits may also be available to the surviving spouses or family members of veterans in certain circumstances.

VA Aid & Attendance and Housebound is a program for veterans and their survivors. Those who require assistance for the functions of daily living or live in assisted living or a nursing home may be eligible for Aid & Attendance Benefits. The Housebound Benefit is an additional monthly payment for those who are permanently disabled and limited to their home.

Hess Hess & Donnelson, LLP is available to guide you through your elder law concerns, assist with your estate planning and benefit programs,and to help you determine what is appropriate to your circumstances. Contact us today to schedule a consultation. You will leave our office reassured that your care and that of your loved ones is in good hands.

Posted by: mprictor on September 24, 2016