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A more holistic approach to applying legal principles to specific emotional, logistical and financial needs of seniors and their families.
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Guardianship for West Virginia Seniors with Substance Abuse Issues
/by Hewitt Law PLLCThe golden years should be a time of peace and enjoyment, but for a growing number of seniors, the reality is complicated by the dual challenges of aging and substance abuse. As people age, they may face physical and emotional challenges that can lead to the misuse of prescription drugs, alcohol, or even illicit substances. […]
The Role of Family Limited Partnerships in Asset Protection and Estate Planning
/by Hewitt Law PLLCFamily Limited Partnerships (FLPs) are powerful tools for high-net-worth individuals and families to protect assets and minimize estate taxes. FLPs allow family members to jointly own assets while maintaining control through general partner roles and transferring limited partnership interests to heirs. This structure can provide significant tax advantages, including potential discounts on gift and estate […]
The Importance of Planning Ahead to Protect Your Assets
/by Hewitt Law PLLCAsset protection strategies are important for safeguarding your wealth from potential risks such as lawsuits, economic downturns, or unexpected illnesses. These strategies can include setting up trusts, establishing limited liability companies (LLCs), and obtaining appropriate insurance coverage. Without proper planning, individuals and families risk losing a significant portion or even all of their hard-earned assets […]
The Impact of Digital Assets on Estate Planning and Probate
/by Hewitt Law PLLCIn today’s digital age, the lives of seniors are increasingly intertwined with the online world, from cherished family photos to valuable cryptocurrency investments. Addressing the unique challenges of digital assets in estate planning is essential. Traditional methods often fall short in managing the complexities of your online life. Failing to address digital assets in your […]
What is the Medicaid Trap and How Can You Avoid It?
/by Hewitt Law PLLCPlanning for long-term care in West Virginia can be overwhelming, especially regarding Medicaid eligibility. The “Medicaid Trap” refers to the financial and legal challenges people face when trying to qualify for Medicaid to cover long-term care costs, often resulting in financial strain or disqualification from benefits. Without proper planning, Medicaid’s strict income and asset limits […]
Navigating Guardianship When Family Members Disagree: Legal and Emotional Considerations
/by Hewitt Law PLLCGuardianship may become necessary when a loved one is unable to make decisions due to age, illness, or disability. It’s a legal arrangement where a court appoints a guardian to manage personal or financial affairs for the ward. The process can become complex and emotionally charged when family members disagree on guardianship decisions. This legal […]
Beyond the Will: Creative Estate Planning Tools for Complex Family Dynamics
/by Hewitt Law PLLCEstate planning often goes beyond just drafting a will, encompassing strategies to distribute assets and protect your family’s financial future. For families with complex situations, a simple will may not suffice to address unique concerns and navigate intricate family dynamics. A comprehensive estate plan can provide the necessary flexibility and control to ensure your wishes […]
The Impact of Divorce on Elder Law Planning: Protecting Assets and Ensuring Care
/by Hewitt Law PLLCGray divorce introduces complex challenges for older adults, particularly in the area of elder law planning and asset protection. The dissolution of a long-term marriage often necessitates a comprehensive reevaluation of retirement savings, healthcare coverage, and long-term care strategies. Critical considerations include preserving financial stability, maintaining access to adequate healthcare, and updating essential legal documents […]
Power of Attorney vs Guardianship for Disabled Seniors in WV
/by Hewitt Law PLLCDiscerning the differences between Power of Attorney (POA) and guardianship is important when planning for a disabled or aging loved one’s future. A POA allows a competent individual to designate someone to make decisions on their behalf, while guardianship is court-appointed for those who are deemed incapacitated. The key distinctions lie in the level of […]
How to Effectively Avoid the Medicaid 5-year Lookback
/by Hewitt Law PLLCThe Medicaid 5-year lookback rule is a vital aspect of Medicaid eligibility for long-term care coverage, allowing the program to review financial transactions made within five years prior to application. This rule aims to prevent individuals from artificially impoverishing themselves to qualify for Medicaid benefits by identifying disqualifying transfers, which can result in penalty periods […]