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Asset protection planning is the process of developing a customized plan with an attorney to protect your assets from lawsuits and collection from civil judgment creditors.
Elder law encompasses many different fields of law. The Darby Law Group practices in the following areas of Elder Law:
The Darby Law Group has a knowledge of the elderly that allows its lawyers and staff to ignore the myths relating to aging and the competence of the elderly. At the same time, they will take into account and empathize with some of the true physical and mental difficulties that often accompany the aging process. Their understanding of the afflictions of the aged allows them to determine more easily the difference between the physical versus the mental disability of the client. They are aware of real life problems, health and otherwise, that tend to develop as persons age. They are tied into a system of social workers, psychologists and other elder care professionals who may be of assistance.
Estate planning is the process of anticipating and arranging, during a person’s life, for the management and disposal of that person’s estate during the person’s life, in the event the person becomes incapacitated and after death.
Estate planning should include planning for problems that can arise while the individual is still alive, such as problems that result in incapacity or other diminished ability to function. This is particularly critical for elder clients. Powers of attorney, living wills, and designations of health care surrogate and preneed guardian should be addressed when drafting wills or other estate planning documents. There are several mechanisms designed to deal with some or all of the problems of incapacity: court-appointed guardianship and voluntary guardianship; joint bank accounts; representative payeeships; revocable living trusts; powers of attorney; and “advanced directives” (living wills and designations of health care surrogate and preneed guardian). Court-appointed guardianships and voluntary guardianships may be necessary if there is no durable power of attorney or standby trust, and in circumstances in which instruments drafted do not address the particular circumstances involved. The Darby Law Group handles all aspects of all types of guardianships from the determination of incapacity and the appointment of the guardian through the guardianship administration.
Helping you manage and apply for Medicaid.
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Probate is the legal process of administering the estate of a deceased person by disposing of all claims and distributing the deceased person’s property. The Darby Law Group will handle all matters in the administration of the estate from the appointment of the personal representative through the final distribution of assets and closing the estate. The probate process may include management of the decedent’s property, sales and transfers of estate assets, determination of beneficiaries and their interests, and the determination of homestead and other exempt property.