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279 York Street
P.O. Box 467
York, Maine 03909
(207) 361-4680
2 Storer Street, Suite 111
Kennebunk, Maine 04043*
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The Brennan & Rogers, PLLC Journal
May Edition
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May is National Elder Law Month |
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What is an Elder Law Attorney?
Elder law attorneys are lawyers who specialize in helping seniors with a variety of legal issues. Elder law broadly relates to any kind of legal planning that
is unique to the elderly, their care, the protection of their assets, and the impact aging or illness may have on the family too. The specialty of "elder law" evolved in the 1980s as it became increasingly clear that the complicated legal issues confronting seniors -- in particular qualifying for Medicaid coverage of nursing home care -- were beyond the expertise of general-practice attorneys.
What is the Purpose of an Elder Law Attorney?
Elder law or elder care attorneys typically help families:
- plan for Medicaid coverage of long-term care, and apply for coverage when the time comes;
- plan and administer an estate;
- represent guardians and conservators; and
- create and administer trusts.
Unlike many other areas of the law, elder law is defined by the needs of the client rather than by a particular field of law. Because of this, elder law attorneys are also aware that their clients' needs often extend beyond basic legal services. For this reason, these attorneys are linked to a network of professionals in their community who serve the senior population.
What Strategies Does an Elder Law Attorney utilize?
The best elder law planning is done on a proactive rather than reactive basis. It is imperative for the public and their families to think proactively in many ways. Our blog, Planning for Life’s Transitions, and social media pages (like our Facebook page) are designed to encourage the public to stop, think, and plan on a proactive basis and to reflect on what has changed with respect to their life situation, their health, their wealth, and many other areas of concern.
Elder law integrates various legal practices, such as estate planning, special needs planning, asset protection, and general advocacy, as well as income tax planning, and placement planning. It may include planning and advocacy for persons with special needs, such as a spouse or child, or the client. Governmental benefits, including but not limited to SSI, SSDI, Medicaid (which in Maine, is called MaineCare), Medicare, and Social Security, often need to be addressed as part of the overall representation.
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Updates in Estate Planning and Elder Law |
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Using Estate Planning to Prepare for Medicaid |
Long-term care can be very expensive, especially around-the-clock nursing home care. Most people end up paying for nursing home care out of their savings until they run out, at which point they can qualify for Medicaid to pick up the cost. |
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10 Ways the Elderly Can Avoid Financial Abuse |
Transparency provides the strongest abuse protection. If others are aware of the senior’s finances, either would-be predators will see that no opportunity exists to take advantage of the senior, or the family members or professionals can step in to keep any fraud from going too far. Here are some steps seniors or their loved ones can take to prevent financial abuse. |
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Limited-Time Free Virtual Meet & Greet Sessions Continue in June |
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Reserve Your Free
Virtual Meet & Greet Session with
Smilie G. Rogers, Esq.,
or
Mary Kathryn Brennan, Esq.
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Allow us to introduce you to ourselves and the basic concepts surrounding estate planning. Learn more about Revocable Trusts (“Living Trusts”), Transfer on Death Deeds (aka TODD, which you can also read about in Smilie’s Blog), Advance Healthcare Directives, Powers of Attorney, Wills, and their importance under normal circumstances, but more so now during the pandemic.
*During a Virtual Meet & Greet, our lawyers cannot give specific legal answers or advice, and sessions shall not constitute the formation of an attorney-client relationship. Sessions last for thirty (30) minutes.
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 for more information!
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Private Session Availability with
Smilie G. Rogers, Esq.
Wednesday, June 2, 2021
5:00 pm- 5:30 pm
Wednesday, June 16, 2021
5:00 pm- 5:30 pm
Private Session Availability with
Mary Kathryn Brennan, Esq.
Wednesday, May 26, 2021
5:00 pm- 5:30 pm
Wednesday, June 9, 2021
5:00 pm- 5:30 pm
Wednesday, June 30, 2021
5:00 pm- 5:30 pm
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Professional Spotlight
Brandon Elsemore,
Red Tree Team at Keller Williams Coastal Realty
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To downsize, or not to downsize? That is the question. |
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Why should you be thinking about downsizing, or as I like to say “rightsizing”, your home?
It is a tough question to ask. Most people do not want to sell their home for a number of reasons, but the fact remains, as we age it will only get harder. Finding the right home now is an important decision.
Here are 4 points on why rightsizing now is essential to a happy retirement.
- More freedom: Your current large family home may require hours of maintenance each week. Lawncare, cleaning, and general repairs are eating away at your time! Our most valuable resource is time. Get more of it back with a smaller, maintenance-free home.
- More money for retirement: Your current home may be worth more than you think. The extra equity could potentially buy your next home with money to spare. Cash-out while the market is good and interest rates are low.
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“Increase” your fixed income: As we retire our incomes become fixed. By reducing your monthly bills like heating, electricity, property taxes, and a mortgage, you could have more discretionary income and rely less on savings.
- Move closer to what you love: Now that the kids are gone and you have retired, does living in the same location make sense? Move closer to family, your favorite place, or somewhere warm, and spend less time and money traveling and improve your quality of life.
“All that glitters is not gold” Saving time, money, and living a stress-free life can have a powerful impact on your golden years. Do not let a large costly home slow you down.
Brandon Elsmore is a realtor with Red Tree Team at Keller Williams Coastal Realty. He can be reached at (207) 994-9480 or belsemore@kw.com
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Calling Local Professionals! |
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Are you a local professional with your pulse on the lifestyle and needs of seniors in our community? We would welcome the opportunity to feature your written piece in our monthly newsletter!
Please email Kim for more information!
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Maine Adopts U.S. CDC's New COVID-19 Guidance |
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Following a review by the Maine Department of Health and Human Services and the Maine Center for Disease Control and Prevention, Governor Janet Mills announced today that the State of Maine will adopt the U.S. Centers for Disease Control and Prevention’s (U.S. CDC) new guidance which allows fully vaccinated Americans not to wear face coverings indoors, effective May 24, 2021.
Maine will also lift the physical distancing requirement at indoor public settings where people are eating or drinking and therefore would be removing their face covering – such as indoor restaurants, bars, dining areas in camps or in congregate living facilities, and break rooms.
Consistent with the U.S. CDC’s guidelines, it is recommended that people in Maine who are not fully vaccinated wear face coverings in indoor public settings. The U.S. CDC requires people to wear masks on all planes, buses, trains, and other forms of public transportation.
The May 24th date aligns with Maine’s previously-established timeline to remove restrictions and allows those who have not yet been vaccinated to receive at least their first shot prior to the change. This includes youth ages 12 to 15 who just became eligible for a vaccine this week. To schedule a vaccine appointment, visit Maine.gov/covid19/vaccines or call 1-888-445-4111.
Mills Administration updated the Moving Maine Forward Plan to lift all capacity limits and physical distancing requirements in all outdoor public settings. The Administration also lifted capacity limits for indoor public venues and physical distancing requirements, except in settings where people would be removing their face coverings.
Additionally, in light of the increased role the U.S. CDC has assumed in issuing guidance, the State of Maine will begin retiring its COVID-19 Prevention Checklists and transitioning to U.S. CDC guidelines as appropriate. The Maine Department of Education’s requirements and recommendations for schools, along with other Federal requirements, remain in effect at this time. Additional Federal guidance from the U.S. CDC for schools and other venues is expected.
Businesses and other organizations may, consistent with legal obligations, adopt policies for their employees or clients that either require vaccination or require proof of vaccination in order to avoid wearing a mask.
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Office Operations During the Pandemic |
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In the ever-changing landscape in which we find ourselves due to the COVID-19 Pandemic, we wanted to remind you that we are open during the Pandemic and here to make sure you are prepared; however, we have limited how, when, and where we work with clients to protect our clients and staff utilizing remote services and responsible social distancing measures.
- Call us if you need assistance at 207-361-4680. Please don't come by unannounced as the door to the office will be locked. If you have documents you would like us to review in advance of a meeting, please send them via e-mail, US Mail, fax, or drop them in the locked box outside our main office door to the left.
- We continue to conduct most meetings and document reviews by phone and Zoom. In-person document signings are brief and to the point.
- We offer remote pre-signing document reviews and by telephone or video conference.
- Upon entering our offices, we will require that you wear a mask and respect social distancing guidelines.
Thank you for your patience and understanding. Please stay safe and be well. We look forward to talking with you and seeing you soon.
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Follow us across Social Media for Estate Planning and Elder Law Insights! |
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Check out what our clients have to say! |
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279 York Street
P.O. Box 467
York, Maine 03909
(207) 361-4680
Monday - Friday: 9 am - 5 pm
Saturday: By appointment
Sunday: Closed
*Satellite office located in
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The information and/or materials appearing or contained in this newsletter of Brennan & Rogers, PLLC, has been prepared for and made available for informational purposes only. The transmission and receipt of information contained in this newsletter, to clients or otherwise, do not constitute the giving of legal advice, professional advice, and/or services, nor does it constitute the formation of an attorney-client relationship. No recipient of this newsletter should 1) act or 2) refrain from acting based upon any information contained herein without seeking legal advice. Links on this newsletter may lead to other websites. Brennan & Rogers, PLLC does not necessarily endorse or approve of any materials or information on linked sites and is not responsible for any contents on such linked websites.
You are receiving this newsletter as a courtesy for being our valued ACRS member or having opted in via web form. If you no longer wish to receive it, please feel free to unsubscribe with the link at the bottom of this email.
Brennan & Rogers, PLLC
279 York Street (PO Box 467)
York, Maine 03909 (207) 361-4680
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