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Practice/Industry Group Overview
Elder Law issues arise for clients of the McConnaughhay firm both personally and professionally. Special considerations have to be made and legal rights and responsibilities considered when dealing with individuals who are receiving or desire to receive government benefits or when questions regarding capacity arise for reasons associated with injury, age or developmental disability. The mishandling of the affairs of those who may lack capacity also leads to legal issues with which our firm is familiar and able to assist our clients in resolving.
Incapacity
The McConnaughhay firm assists in determining the need for oversight when individuals who may lack capacity are identified. We can then determine, from an array of possibilities, including powers of attorney, voluntary guardianships, and guardianships, which solution works best for the incapacitated person and his or her family or situation. The McConnaughhay firm also assists guardians in filling their legal responsibilities.
Governmental Benefits
Our firm works with clients to identify government benefits that might be utilized to provide necessary care for an individual or family. We further protect those benefits or the potential of applying for those benefits with our knowledge of appropriate trusts and other legal mechanisms for protection of funds. These issues arise frequently in the context of cases in which an injured party is receiving a settlement or other monies associated with injuries sustained.
Fiduciary
The McConnaughhay firm is able to work with those responsible for handling the financial affairs of someone lacking capacity. We are also able to assist when it is thought that the affairs of someone believed to lack capacity are being mishandled. Law on fiduciary responsibility is complex and full of pitfalls for the unwary, and the McConnaughhay firm is able to assist our clients in complying with the law and ensuring that others do the same.
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