Elder Law and Estate Planning Services

Many people arrive at The Binder Firm after the unexpected has already happened. They have lost a loved one and have been named a personal representative (estate executor, estate administrator, or power of attorney). They have significant responsibilities to uphold when finalizing a loved one’s affairs, and they need guidance to make sure it is handled correctly.

Many issues may arise during the probate process. We handle every aspect of a distribution of assets from real estate issues and tax returns, to investing funds and probate administration.  In the absence of a will, we can help find the heirs and accomplish the distribution according to intestate statutes. We have the experience and the knowledge to help untangle even the most complex probate proceedings.

VA Aid and Attendance or Housebound benefits provide monthly payments added to the amount of a monthly VA pension for qualified Veterans and survivors. If you need help with daily activities, or you’re housebound, contact our firm to find out if you qualify.

You may be eligible for this benefit if you get a VA pension and you meet at least one of these requirements.

At least one of these must be true:

• You need another person to help you perform daily activities, like bathing, feeding, and dressing, or
• You have to stay in bed—or spend a large portion of the day in bed—because of illness, or
• You are a patient in a nursing home due to the loss of mental or physical abilities related to a disability, or
• Your eyesight is limited (even with glasses or contact lenses you have only 5/200 or less in both eyes; or concentric contraction of the visual field to 5 degrees or less)

We will help you prepare to apply for VA Aid and Attendance or Household benefits as quickly and easily as possible while shielding as many assets as possible.

A special needs trust — also referred to as a supplemental needs trust or SNT — is a type of trust that’s set up for people with disabilities or access and functional needs. It helps provide individuals with financial support without disqualifying them for government benefits, such as Medicaid or Supplemental Security Income (SSI).

Needs-based government benefits have specific income and asset requirements that, if an individual surpasses them, can disqualify them from receiving the assistance they need. That means, if you have a child or loved one with a disability, supporting them financially can be difficult to do without impeding their ability to receive government benefits.

By allocating funds and other assets to a trust, you’ll be able to provide help without counting those contributions toward their personal income. Like other trust accounts, a special needs trust includes a grantor (who establishes the fund), a trustee (who manages the account), and a beneficiary (who receives the benefits).

Guardianship is a legal process which protects an incapacitated person: “one who is unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he [or she] lacks capacity to meet essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur.” [RSMo 475.060]

Conservatorship protects the rights of those individuals who are unable to manage their financial resources due to being a disabled person: “one who is unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that the person lacks ability to manage his [or her] financial resources.” [RSMo 475.061]

Let our experienced attorneys assist you through this process. 

Throughout your life, you may acquire substantial assets that you hope will support you as you age or that will allow you to provide for your loved ones after you are gone.

Unfortunately, you’re uniquely vulnerable to losing these assets as you age because nursing home care is expensive and not covered by Medicare or most insurers in the majority of circumstances.

An asset protection lawyer can help you to understand the steps you need to take to protect your wealth as you grow older. This could involve making a Medicaid plan so you can qualify for Medicaid nursing home coverage without spending down your assets.

An asset protection lawyer can also help you to shield your estate from taxes after your death so your loved ones can inherit more money and property. While your estate plan is a key part of this, there are other steps you may need to take to preserve and protect your assets.

At the Binder Firm, we are committed to providing comprehensive legal guidance and advocacy to clients throughout Kansas and Missouri. We’re happy to assist you in a variety of estate planning matters, including wills, probate and trust administration, estate litigation, and more.

• Wills
• Revocable and Irrevocable Trusts
• Powers of Attorney - Financial, Health Care & for Minors
• Healthcare Directives
• Beneficiary Deeds
• Probate Administration
• Special Needs Planning
• Medicaid Asset Protection Trusts