Elder Law

Delivering Unwavering Support in Elder Law

  • Free 30-Minute Estate Planning Consultation*
  • Best Law Firm by  "Best of the Triangle"
  • In Practice Since 1976

As elder law attorneys, Dunn & Hemphill, P.A. makes every effort to stay aware of our clients' needs in order to help them plan for aging, illness, or incapacity.

We use our wealth of knowledge in the fields of estate planning, long-term care planning, powers of attorney, conservatorships, guardianships, and asset protection to ensure that our client's wishes are honored and their dignity maintained.

How Can Our Elder Law Attorneys Help?

Asset Protection Planning

Recently, Mississippi passed new laws allowing for the creation of trusts to protect your assets from potential claims of creditors, yet the assets in those trusts can still be used by the owner. This has never before been the case in Mississippi. Contact us to see if this type of planning is right for you.

  • New Trust Laws: Mississippi now allows for the creation of trusts to protect assets from potential creditor claims while still allowing the owner to use those assets.
  • Unique Opportunity: This is a groundbreaking development in Mississippi's legal landscape, offering asset protection strategies previously unavailable.
  • Customized Planning: Contact us to determine if this type of planning is suitable for your financial situation and goals.

CONSERVATORSHIPS

When a person becomes unable to manage their affairs and does not have a valid power of attorney, often a conservatorship is required to appoint someone to be in charge of their affairs and well-being. This is a complex and expensive legal process that is necessary to protect the interests of the affected person. Two doctors are required to certify that the person is incapable of making their own decisions and that information must be given to the chancery court for the court to determine what is in the best interest of the person. This will usually last for the remainder of that person's life. It is important to note that this legal process can often be avoided with a valid power of attorney.

  • Complex Process: When an individual is unable to manage their affairs without a valid power of attorney, a conservatorship may be necessary.
  • Legal Safeguard: A conservatorship appoints someone to oversee the person's affairs and well-being, safeguarding their interests.
  • Medical Certification: Two doctors must certify the person's incapacity, and the court determines the best course of action.
  • Avoiding Conservatorship: A valid power of attorney can often prevent the need for a conservatorship, saving time and expense.


GUARDIANSHIPS

A guardianship is created when a court must appoint a person to make health care and related decisions for a person who is incapable of making them for themselves. Traditionally, this term was reserved for minors, but now, a guardianship may be established for an adult as well. The Chancery Court of the county where the person resides must determine if guardianship is necessary and appoint a proper person to serve as guardian. This is typically done when a person is incompetent and cannot make their own decisions or if a person is a minor.

  • Expanded Scope: While traditionally for minors, guardianships can now be established for adults unable to make their own health care decisions.
  • Legal Determination: The Chancery Court evaluates the necessity of guardianship and appoints a suitable guardian.
  • Protection for Incapacitated Individuals: Guardianships ensure that individuals incapable of making decisions receive proper care and representation.


LONG-TERM CARE

Are you struggling to provide care to a loved one? Are you concerned about long-term care costs? Are you confused by Medicaid, Medicare, and their requirements? The purpose of long-term care planning is to make it as likely as possible that a patient receives the highest quality of care with the least amount of burden to the client and their family. We can help you create a step-by-step plan to protect your family's assets no matter what life stage you are currently in. We stay up-to-date with governmental policies and procedures to ensure that we present the best options available to our assist our clients with their long-term care goals.

  • Family Support: Providing care for a loved one can be challenging. Long-term care planning aims to alleviate the burden on families while ensuring quality care.
  • Medicaid Expertise: We specialize in helping families navigate Medicaid and Medicare requirements to secure long-term care options.
  • Tailored Plans: Our team creates customized plans to protect family assets at any life stage, addressing concerns about long-term care costs and quality of care.

MEDICAID PLANNING

Medicaid is a needs-based program that applies only to the very poor. In order to qualify for Medicaid, the patient must spend down all of their assets to below $4,000 (2023) if they are a single person or $148,620 (2023) if they are married. However, Medicaid has specific exceptions that allow middle-class Americans to qualify without spending all of their assets if they are aware of these exceptions and abide by Medicaid's strict policies and guidelines. This type of planning requires the skills of a seasoned long-term care attorney. At Dunn & Hemphill, P.A., we are well versed in Medicaid's requirements and have been assisting our clients with Medicaid and long-term care planning for decades. We have the knowledge and skills required to help you navigate the paperwork and regulations in order to get your loved one the assistance they need.

  • Needs-Based Program: Medicaid provides assistance to the financially needy, but strict asset requirements apply.
  • Asset Preservation: Knowledgeable planning can help middle-class Americans qualify for Medicaid without depleting all assets.
  • Legal Guidance: Our experienced attorneys are skilled in Medicaid planning, ensuring clients understand eligibility requirements and navigate the application process effectively.

NURSING HOME PLANNING

As we age, the reality that a friend or a loved one may have to spend some time in a nursing home becomes more and more evident. This type of care can be expensive but also necessary. Regardless of what you may have heard, it is never too late to put a plan in place to help you preserve or protect some or all of your assets. Let us help you sort through the options, discuss the different care facilities available for you or your loved one, and create a plan tailored to fit your family's needs.

  • Financial Planning: Aging individuals or their families may face the prospect of nursing home care, which can be costly.
  • Asset Preservation: It's never too late to implement strategies to preserve assets while ensuring necessary care.
  • Tailored Solutions: We assist families in exploring care facility options, understanding financial implications, and developing personalized plans for nursing home care.

Please contact us to discuss your elder law needs. Call to schedule a consultation today. (662) 327-4211

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