Definition: Body of law that deals with the rights and privileges of the elderly.
Elder Law Terminology
Click on the Areas of Practice below for definitions.
Conservator
Definition: A person appointed by the court to take charge of the property or manage the financial affairs of an incapacitated person or a minor child.
Conservatorship
Definition: The appointment of a person to manage the property and income of minors or the legally incapacitated or a minor child.
Division of Assets
Definition: When a married person enters a nursing facility, a provision which may help protect some of the couple’s resources for the spouse who is not in a nursing facility.
Durable Powers of Attorney
Definition: Power of attorney that does not terminate upon the incapacity of the person who made it.
Estate Planning
Definition: The preparation of a plan of administration and disposition of one’s estate using a will, trusts, gifts, power of attorney, etc.
Elder Abuse
Definition: The physical, financial, or emotional abuse of an elderly person, usually one who is disabled or frail.
Guardian
Definition: Someone who is appointed to have custody of a person who is incapacitated or is a minor. Court appointed guardians must periodically make a report to the probate court regarding the individual for whom they are guardian. Parents are natural guardians for their minor children.
Guardianships
Definition: The appointment of a person to have care and custody of a minor or legally incapacitated person by the probate court.
Incapacity/Incapacitated
Definition: A person who is unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he is unable to provide himself with food, clothing, shelter, safety, or other care such that physical injury, illness or disease is likely to occur.
Incapacity Planning
Definition: Planning for the possibility of incapacity or disability regarding the control of your property, finance, and health care decisions.
Long Term Care Insurance
Definition: An insurance policy intended to meet the medical and non-medical needs of a disabled or chronically ill patient.
Medicaid
Definition: One of the two principal health care programs operated and funded by the government. Medicaid differs from Medicare in three important ways:
- It is run by state government
- It is based on financial eligibility requirements, rather than the age of the recipient
- It covers all “necessary” medical care. Medicaid provides care at a skilled nursing facility
Medicaid Planning
Definition: Estate planning with the goal of limiting or protecting a person’s assets so that he or she can meet the financial criteria for Medicaid qualification.
Medicare
Definition: One of two principal health care programs operated and funded by the government. Medicare is funded by the federal government, and benefits are available to anyone age 65 or older – providing they would be entitled to receive Social Security retirement benefits, whether or not they actually have retired – as well as anyone who has been receiving SSDI for at least two years.
Mo Health Net
Definition: Missouri’s version of Medicaid. The purpose of the MO Health Net is to purchase and monitor health care services for low income and vulnerable citizens of the State of Missouri.
Non- Probate Transfer
Definition: The transferring of property directly to the beneficiary at death without going through probate.
Power of Attorney
Definition: Document by which a person (principal) grants authority to another (agent) to perform specified acts on the principal’s behalf. The agent is referred to as an “attorney in fact.” The scope of a power of attorney can be limited to a particular purpose or general for all matters.
Probate Avoidance
Definition: Transferring property to beneficiaries or heirs using legal documents that avoid a probate court administration. May also refer to avoid probate upon incapacity through the use of a trust agreement or durable power of attorney.
Qualified Long Term Care Policies
Definition: Offers certain federal income tax advantages to the purchaser. If you have a qualified long term care policy, and you itemize deductions, you may be able to deduct part, or all, of the premium.
Social Security Payees
Definition: Individuals managing the social security payments for another.
Veteran’s Pension
Definition: A benefit paid to wartime veterans who have limited or no income and who are age 65 or older or under 65 who are permanently and totally disabled.
How Barchet Law Office helps…
Tailoring your solution
No situation is the same, and we understand that. We listen to you in order to shape our services to fit your unique situation. We recognize the importance of understanding our elderly client’s objectives and accomplishing their goals.
We provide a wide variety of services to elderly individuals and their families. Our attorneys provide guidance to our clients in the areas of:
- Asset Protection
- Medicaid or Mo HealthNet Assistance and Qualification
- Guardianship Planning and Proceedings
- Estate Planning
- Disability Planning
- Trusts and Estate Administration
- Long-term Care Insurance
Advising your decisions
Nursing or care facilities may lead to a significant loss of personal independence. It also comes with a tremendous financial cost. We lend a listening ear and a helping hand as we counsel elderly individuals and their families about options that may be available for the payment of care and the services available in Mid-Missouri.
Ensuring your future
We work with elderly individuals and their families guiding them step-by-step to preserve assets for a spouse and for future generations. We recognize the importance of maintaining a high quality of life and we counsel our elderly clients and their families on the most effective means by which to accomplish that goal.
Elder and Senior Resources
Columbia, Missouri
O’Fallon, Missouri