ELDER LAW

Elder law is the field of law dealing with the elderly, including such issues as estate planning, conservatorship, retirement benefits, social security, age discrimination and healthcare.   In California, elders are defined as those 65 years of age and older, and dependant adults (disabled adults aged 18-64).   

elder law attorney marin county

Marin County Elder Law Attorney

Elder Abuse

California Elder abuse is physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.   Elder abuse is also the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Cal. Welf. & Inst. Code § 15610.07.

elder law attorney marin county

Marin County Elder Law Attorney

Examples of Elder Abuse

  • Physically hitting, slapping, or shoving an elderly person.
  • A person stealing property from an elderly person.
  • A family member taking property from an elderly without consent.
  • Improper use by an agent of a power of attorney for finances.
  • Telephone scams targeting the elderly.
  • A caregiver locking an elderly person in their room.
  • Predatory lending, especially high interest loans or home equity loans.

If you believe that you have been a victim of elder abuse (financial or physical), or know of a person who is a potential or actual victim of elder abuse, please contact your local police department or your local Adult Protective Service office immediately.  Marin County APS.  Sonoma County APS.  San Francisco County APS

Matthew W. Harris, Esq. represents elder abuse victims in obtaining:

  • Emergency Protective Order.
  • Temporary Restraining Order.
  • Permanent Restraining Order.

Marin County elder law attorney, Mathew W. Harris, is here for you to address any possible or actual elder abuse issues or concerns you may have.  Do not delay, call San Francisco elder law attorney immediately.

 

SPECIAL NEEDS

Marin Special Needs Attorney

What Is The Role of A Marin Special Needs Attorney?

The role of a special needs attorney is to protect and preserve public benefits for eligible disabled or aged beneficiaries.  A special needs attorney can create a special needs trust, a legal document that can play a vitally important role for a family with a disabled or aged person. A properly created and implemented special needs trust will supplement (not replace) a disabled or aged beneficiary’s government benefits such as Supplemental Security Income and Medi-Cal.

What Are The Different Types of Special Needs Trusts?

There are two types of special needs trusts: (1) First-Party Special Needs Trust and; (2) Third-Party Special Needs Trust.

First-Party Special Needs Trust

Most first-party special needs trusts are court created usually from some type of lawsuit; e.g., car accident, slip and fall, etc.  The awarded damages are owned by the disabled beneficiary (hence first-party trust).  If the first-party special needs trust is drafted properly, then the proceeds will not adversely affect or render ineligible the disabled person’s government benefits.  However, only the parent, grandparent, legal guardian or the court can create a first-party special needs trust.  Moreover, the disabled beneficiary must be 65 years old or younger at the time of the creation of the first-party special needs trust. Lastly, the first-party special needs trust must contain a payback provision ensuring that when the disabled beneficiary dies, Medi-Cal will be reimbursed from the remaining proceeds of the first-party special needs trust, if any.

Third-Party Special Needs Trust

Most third-party special needs trusts are created by family members of a disabled person.  Unlike a first-party special needs trust, anyone can create a third-party special needs trust, except the disabled person or his or her spouse, or an agent.  The funds of the third-party special trust are usually funds from an inheritance that are not owned by the beneficiary (hence third-party type of trust). If the third-party special needs trust is drafted properly, then the inheritance will not adversely affect or render ineligible the disabled person’s government benefits.  Lastly, when the disabled beneficiary dies, the remaining proceeds in the third-party special needs trust can be distributed to any remainder beneficiary.

 

 

 

 

 

LEGAL DISCLAIMER: 

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.  This information is not intended to create, and receipt or viewing does not constitute, in any way an attorney-client relationship.  Matthew W. Harris is a California lawyer in good standing with the State Bar of California.  Matthew W. Harris is admitted to practice only in California.  Mr. Harris is not licensed to practice in any other jurisdiction.