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Elder Law

Elder Law Attorney in McLean

Personalized and Comprehensive Service

Navigating the complexities of elder law can be challenging without the right guidance, especially for families in McLean. At J. S. Burton, P.L.C., we bring over 20 years of experience to help ensure your loved ones receive the care and protection they deserve. Elder law encompasses a range of legal areas, including estate planning, long-term care, healthcare directives, and addressing instances of elder abuse.

Our approach is holistic and client-focused. We aim to build long-term relationships, helping families make informed decisions about their elder's welfare and financial stability. In McLean, where the senior population is significant, understanding local laws and opportunities can make a substantial difference in crafting effective elder law solutions.

Rely on the expertise of a skilled elder law lawyer in McLean at J. S. Burton, P.L.C.. Contact us or call (888) 885-9001 now to arrange your consultation without delay.

Services Offered by Our Elder Law Lawyers

We offer a wide array of elder law services tailored to meet the specific needs of our clients in McLean. Our team understands the nuances of local laws and the importance of a detailed, personalized approach to ensure all aspects of elder care are addressed.

  • Comprehensive Estate Planning: From will preparation to setting up trusts, we help protect and manage your assets efficiently. Our team collaborates closely with financial advisors to coordinate estate and financial planning, ensuring a seamless transition for your beneficiaries. By tailoring each estate plan to our client's specific wishes and circumstances, we ensure that your legacy is preserved according to your values and objectives.
  • Long-Term Care Planning: We assist in navigating the complexities of healthcare and residential care facilities, ensuring that your loved ones receive quality care without depleting family resources. We provide guidance on Medicaid planning and explore options like long-term care insurance, reviewing policy terms to optimize benefits. This planning not only safeguards assets but also allows families to prepare emotionally and financially for future care needs, giving peace of mind to all involved.
  • Guardianship and Conservatorship: Ensuring your loved one’s best interests are prioritized when they can no longer make decisions independently. In addition to setting up legal frameworks, we offer support in identifying suitable guardianships and conservators when families are unable to fulfill these roles. Our firm works collaboratively with the court system to ensure the rights of all parties are respected and that appointments are made transparently and ethically.

Local Knowledge in Elder Law Matters

Local knowledge is invaluable when dealing with elder law. McLean, with its unique community structure and resource availability, mandates that legal counsel be familiar with the local landscape. This includes understanding local healthcare facilities, senior centers, and government agencies that could provide added support to our clients and their families.

For example, being aware of the Fairfax County Area Agency on Aging initiatives enables us to guide our clients towards additional resources that may be available, ensuring a more comprehensive care strategy. Additionally, familiarity with local senior centers such as the Lewinsville Senior Center can offer valuable leisure and social opportunities for elders, enriching their everyday experiences while addressing their legal needs.

Why Choose Our Elder Law Lawyer in McLean?

At J. S. Burton, P.L.C., we pride ourselves on offering personalized legal strategies that are customized to each of our clients’ needs and circumstances.

  • Individualized Plans: We take the time to understand your specific situation and goals, ensuring that the plans we create reflect your wishes and have the flexibility to adapt to life's changes. Our team conducts detailed consultations to fully comprehend your legal requirements and long-term objectives, using this information to draft documents that are both legally sound and personally meaningful.
  • Educational Approach: By providing education about elder law, we empower families to make informed decisions. Our lawyers ensure that all relevant parties understand the legal actions being taken and the implications of these choices. We conduct regular seminars and distribute informative materials that explain elder law complexities in simple terms, enabling our clients to feel confident and informed throughout the legal process.

Our knowledgeable elder law lawyer in McLean is prepared to guide you through your case. Contact us via online form or call (888) 885-9001 to book your no-charge initial consultation without delay.

Frequently Asked Questions About Elder Law

What is Elder Law and How Can It Help My Family?

Elder law refers to legal practices and processes oriented towards the needs of aging populations. It primarily addresses issues like estate planning, Medicare/Medicaid, planning for incapacity, and preventing elder abuse. Senior citizens and their families in McLean can benefit from elder law by ensuring their assets are protected, care preferences are respected, and they are shielded from financial abuse or exploitation.

Effective elder law services also include advising on powers of attorney, healthcare proxies, and living wills. By establishing these documents, elders and their families can be assured that their healthcare and financial decisions will be made by trusted individuals, respecting their specific desires and protecting their rights within the legal framework.

How Do I Choose the Right Elder Law Attorney?

Choosing the right elder law lawyer in McLean involves examining their experience, approach to client service, and familiarity with local elder law issues. Look for a firm like J. S. Burton, P.L.C. that emphasizes personalized service and long-term relationship building, ensuring your family’s unique needs are met with compassion and professionalism.

It's also important to consider an attorney's communication style and availability. An attorney who provides clear, consistent communication and is easily accessible for consultations and updates can make the entire process less stressful and more transparent for all involved.

What Should I Bring to My First Meeting With an Elder Law Attorney?

When meeting with an elder law attorney from J. S. Burton, P.L.C., it's helpful to bring information about any existing estate plans, details about current healthcare providers, financial documents, and any other relevant legal documents. This allows us to understand your situation thoroughly and create a tailored plan that suits your needs.

Having a list of questions or concerns can also be beneficial, ensuring that all aspects of your elder law needs are discussed. This preparation encourages a well-rounded conversation that addresses current issues while planning for future needs.

How Does Long-Term Care Planning Work?

Long-term care planning involves preparing for a time when daily living assistance is necessary. Our role encompasses evaluating financial situations, considering insurance options, and planning for potential healthcare needs to ensure a seamless transition that protects personal assets.

Our detailed planning process includes a review of existing financial plans, evaluating resources, and examining potential benefit programs. We also work with families to understand and address the emotional aspects of long-term care decisions, offering support and guidance to manage both immediate and long-term scenarios effectively.

Can You Protect My Assets While Qualifying for Medicaid?

Yes, asset protection while qualifying for Medicaid is a key part of elder law. We utilize strategic planning to ensure eligibility, like trust formations that comply with Medicaid's guidelines, thereby minimizing the impact on the client’s legacy and financial well-being.

By understanding the intricacies of Medicaid law, our team ensures that our clients’ assets are restructured in a way that maximizes their benefits. We provide thorough evaluations to preserve wealth and advise on gifting strategies and legally sound avenues that protect family inheritance while ensuring access to essential healthcare services.

Take the Next Step: Secure Your Family's Future in McLean

Entrust your elder law needs to J. S. Burton, P.L.C.. Our dedicated focus on personalized, comprehensive, and empathetic legal counsel ensures the protection and support of your loved ones. Connect with us for a consultation to discuss how our McLean-based elder law services can uniquely benefit you and your family.

Call us at (888) 885-9001 to schedule your appointment with a qualified elder law attorney in McLean. We look forward to partnering with you in securing peace of mind for your family's future.

Opinions That Matter Most

Read What Our Former Clients Have to Say
    "We highly recommend them"
    We recently had our Living Trust prepared by Fallon at JS Burton, PLC and they did an excellent job. Everything was explained in great detail and Fallon was awesome to work with! We highly recommend them for estate planning services.
    - Paul H.
    "An excellent estate planning attorney"
    Mr. Burton, Esq. is an excellent estate planning attorney and I recommend him with a 5 star rating. He is patient and answers all questions. His organization of the plan that he provided was in a binder and very complete.
    - Jeffrey S.
    "Very professional, friendly, thoughtful, and highly knowledgeable, Fallon expedited preparation and delivery of my documents. Overall, this was an awesome experience"

    I just had a great experience with this firm in preparing my estate planning documents. I needed to update some wishes and also ensure everything is in line for the state of Virginia, as I moved here from Pennsylvania. I worked with Fallon Francesca Whi

    - Wendy V.
    "I would highly recommend him."
    I have met with Mr Burton several times and always found him to be professional and personable
    - Bonnie T.
    "Highly recommended for estate planning"
    We were heard and guided to do the best for our families needs
    - Fred S.
    "Friendly and personable service."
    J S Burton, PLC has helped with my estate planning. All aspects of my trust are clearly defined in an easy-to-understand folder. They coordinated with my financial planner seamlessly. The staff is friendly and personable. I highly endorse J S Burton.
    - Elizabeth M.
    "Thorough, responsive, and knowledgeable. I highly recommend this firm!"
    Thorough, responsive, and knowledgeable. I highly recommend this firm!
    - Krystin R.
    "Truly impressive and caring."
    J S Burton, PLC has been our family's trusted estate planner for over 20 years. Their professionalism, knowledge, and dedication are unmatched. They guide us through complex decisions with ease and clarity, always with a personal approach.
    - Ryan D.

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    FAQs

    • What estate planning documents should I have?
      A comprehensive estate plan should include the following documents, prepared by an attorney based on in-depth counseling which takes into account your particular family and financial situation:

      A Living Trust can be used to hold legal title to and provide a mechanism to manage your property. You (and your spouse) are the Trustee(s) and beneficiaries of your trust during your lifetime. You also designate successor Trustees to carry out your instructions in case of death or incapacity. Unlike a will, a trust usually becomes effective immediately after incapacity or death. Your Living Trust is "revocable" which allows you to make changes and even to terminate it. One of the great benefits of a properly funded Living Trust is the fact that it will avoid or minimize the expense, delays, and publicity associated with probate.

      If you have a Living Trust-based estate plan, you also need a pour-over will. For those with minor children, the nomination of a guardian must be set forth in a will. The other major function of a pour-over will is that it allows the executor to transfer any assets owned by the decedent into the decedent's trust so that they are distributed according to its terms.

      A Will, also referred to as a Last Will and Testament, is primarily designed to transfer your assets according to your wishes. A Will also typically names someone to be your Executor, who is the person you designate to carry out your instructions. If you have minor children, you should also name a Guardian as well as alternate Guardians in case your first choice is unable or unwilling to serve. A Will only becomes effective upon your death, and after it is admitted by a probate court.

      A Durable Power of Attorney for Property allows your agent to carry on your financial affairs in the event that you become disabled. Unless you have a properly drafted power of attorney, it may be necessary to apply to a court to have a guardian or conservator appointed to make decisions for you during a period of incapacitation. This guardianship process is time-consuming, expensive, emotionally draining and often costs thousands of dollars.

      There are generally two types of durable powers of attorney: a present durable power of attorney in which the power is immediately transferred to your agent (also known as your attorney in fact); and a springing or future durable power of attorney that only comes into effect upon your subsequent disability as determined by your doctor. Anyone can be designated, most commonly your spouse or domestic partner, a trusted family member, or friend. Appointing an agent assures that your wishes are carried out exactly as you want them, allows you to decide who will make decisions for you, and is effective immediately upon subsequent disability.

      The law allows you to appoint someone you trust to decide about medical treatment options if you lose the ability to decide for yourself. You can do this by using a Durable Power of Attorney for Health Care or Health Care Proxy where you designate the person or persons to make such decisions on your behalf. You can allow your health care agent to decide about all health care or only about certain treatments. You may also give your agent instructions that he or she has to follow. Your agent can then ensure that health care professionals follow your wishes. Hospitals, doctors and other health care providers must follow your agent's decisions as if they were your own.

      A Living Will informs others of your preferred medical treatment should you become permanently unconscious, terminally ill, or otherwise unable to make or communicate decisions regarding treatment. In conjunction with other estate planning tools, it can bring peace of mind and security while avoiding unnecessary expense and delay in the event of future incapacity.

      Some medical providers have refused to release information, even to spouses and adult children authorized by durable medical powers of attorney, on the grounds that the 1996 Health Insurance Portability and Accountability Act, or HIPAA, prohibits such releases. In addition to the above documents, you should also sign a HIPAA authorization form that allows the release of medical information to your agents, your successor trustees, your family and other people whom you designate.
    • How do I name a guardian for my children?
      If you have children under the age of eighteen, you should designate a person or persons to be appointed guardian(s) over their person and property. Of course, if a surviving parent lives with the minor children (and has custody over them), he or she automatically continues to remain their sole guardian. This is true despite the fact that others may be named as the guardian in your estate planning documents. You should name at least one alternate guardian in case the primary guardian cannot serve or is not appointed by the court.
    • What does my estate include?

      Your estate is simply everything that you own, anywhere in the world, including:

      • Your home or any other real estate that you own
      • Your business
      • Your share of any joint accounts
      • The full value of your retirement accounts
      • Any life insurance policies that you own
      • Any property owned by a trust, over which you have a significant control
    • Why is it important to establish an estate plan?

      Sadly, many individuals don’t engage in formal estate planning because they don’t think that they have “a lot of assets” or mistakenly believe that their assets will be automatically shared among their children upon their passing. If you don’t make proper legal arrangements for the management of your assets and affairs after your passing, the state’s intestacy laws will take over upon your death. This often results in the wrong people getting your assets as well as higher estate taxes.

      If you pass away without establishing an estate plan, your estate would undergo probate, a public, court-supervised proceeding. Probate can be expensive and tie up the assets of the deceased for a prolonged period before beneficiaries can receive them. Even worse, your failure to outline your intentions through proper estate planning can tear apart your family as each person maneuvers to be appointed with the authority to manage your affairs. Further, it is not unusual for bitter family feuds to ensue over modest sums of money or a family heirloom.