Shelby County Elder Law Attorney

People are living longer today, which gives them more time to spend with their loved ones. Aging also brings significant challenges, however, not the least of which is declining health and the inability to afford long-term care. From asset protection strategies to healthcare and Medicaid planning, it is essential to work with a compassionate, skilled elder law attorney.

At Berkley Oliver PLLC, we provide first-rate estate planning and elder law services to seniors and their families in Shelby County and throughout Central Kentucky. When you consult with us, we will take the time to learn about your life and help you make informed decisions about your finances and healthcare that enable you to enjoy your golden years. Get in touch with us today to arrange a consultation.    

Why You Need an Elder Law Attorney in Shelby County

By working with an experienced elder law attorney, you can develop a coordinated approach to ensure you have the necessary healthcare and financial resources. Our services include: 

  • Asset protection planning
  • Healthcare planning with advanced medical directives
  • Long-term care planning
  • Establishing special needs trusts, conservatorships, guardianships
  • Selecting the right, skilled nursing or assisted living facility
  • Medicaid planning

We understand the importance of maintaining your independence, protecting your assets, and preserving your well-being. We have in-depth knowledge of the eligibility requirements for Medicaid and will provide you with innovative strategies to help you obtain this vital public benefit if necessary. You can count on us to communicate openly and respond to questions and concerns promptly. Above all, we will provide you with compassion, knowledge, and the personal attention you deserve. 

It’s Never Too Late For Estate Planning and Elder Law

If you need to establish an estate plan or update an existing one to reflect your present circumstances, our experienced Shelby County elder law attorneys can help. Founding members Josh Berkley and Amy Oliver are not only highly skilled lawyers but are also compassionate people who will help you create an estate plan tailored to your unique needs and objectives. 

While each person’s needs are different, every elder should have essential estate planning documents, such as:

  • Last Will and Testament (Will)
  • Durable Power of attorney
  • Healthcare Surrogate Designation 
  • Advance Directive (Living Will) 

Many clients only need a will-based estate plan, however, a will must go through the probate process, which can delay the distribution of your assets and leave them vulnerable to creditors’ claims and the possibility of estate taxes (less than 1 percent of estates may be subject to estate taxes under current tax laws). 

For this reason, we often recommend that clients establish revocable living trusts and irrevocable trusts that not only protect their assets but also allow loved ones to receive assets automatically upon the trustmaker’s death. 

Incapacity Planning

Another critical component of estate planning for elders is incapacity planning and planning for end-of-life care. In particular, a healthcare surrogate designation names a trusted person to make decisions about your medical care should you become incapacitated. 

By creating an advance directive (living will), you determine the type of end-of-life medical care you prefer to receive or have withheld. While confronting our own mortality is never easy, having these documents in place will not only protect you but help your family and healthcare surrogate understand your wishes. 

Shelby County Long-Term Care Planning Attorneys

Seniors who experience financial challenges often have difficulty affording long-term care. We will work to help you avoid financial shortfalls and explore all your long-term care planning options, such as:

  • Obtaining long-term care insurance
  • Qualifying for Medicaid
  • Connect you with other professionals when appropriate to fully realize your plan

Our elder law attorneys will help you plan for and fund all your future medical needs. For example, establishing an irrevocable trust that takes ownership of your assets may help you to qualify for Medicaid, which is a means-tested program.

Guardianships/Conservatorships

We regularly advise clients about guardianship/conservatorship. This is a protective legal arrangement that places a minor child or an adult unable to care for him or herself under the protection of a guardian/conservator. In Kentucky, a guardian is appointed to look after the wellbeing of the protected person (the ward), while the conservator manages their finances. 

Both roles are typically handled by one person, usually a family member, close friend, or someone appointed by the court. Notably, a conservator is legally required to make periodic accountings to the court of the ward’s property. Our attorneys guide clients through the process of establishing guardianship/conservatorship and also assist with judicial accountings. 

Contact Our Experienced Shelby County Elder Law Attorney Today!

At Berkley Oliver, we are here to help you navigate the physical, emotional, and financial challenges of aging. We are keenly aware that many people today are helping to care for their parents while also raising their own children. No matter your situation, you will have comfort knowing that your interests and well-being will be protected. Contact us today to speak with our capable elder law attorneys.

Berkley Oliver PLLC advises clients about elder law in Shelbyville and Shelby, Spencer, Anderson, Franklin, and Jefferson Counties.