Let Our Little Rock Elder Law Attorneys Guide You

After age 65, we should all be sitting back and looking forward to a little less worry and a little more relaxation and comfort. But these days, getting to your golden years can end up being complicated.

That’s why it’s helpful to talk with an elder law lawyer. They won’t just help with some estate planning necessities — they’ll help you cover all the possible obstacles that could prevent you from enjoying your retirement.

With support from our elder law lawyers, Little Rock residents can rest easy knowing their and their families’ futures are properly planned and secured. Below, we go through everything that covers elder law and why you should come to WH Law and work with one of our elder law attorneys.

An Overview of Elder Law

Overall, elder law deals with the legal issues involved in caring for one or more adults over the age of 65. It covers many areas of the law, from tax and family law to estate planning and even criminal law. Since it can be pretty comprehensive, let’s break down the main issues an elder law attorney will help you with:

• Assisting with Estate Planning
• Establishing Guardianship or Conservatorship
• Planning for Long-Term Care
• Cases of Elder Abuse or Exploitation

Across the country, older adults over 65 are dealing with numerous changes that can make their lives difficult. As a top Arkansas elder law practice, WH Law aims to change that and help you and your loved ones worry less. With help from our elder care attorney, Little Rock seniors can securely plan their futures and ensure their rights are protected and their wishes respected. 

Below, we get into even more detail about the key issues of elder law and how our elder law lawyers can help:

Assistance in Estate Planning

Estate planning is all about arranging how an elder will transfer their assets to their loved ones once they pass on. This process can start at any time, but since it’s a complex subject to work through, many individuals leave it until later in their lives.

An experienced elder law attorney can help make your estate plan easy, ensuring that everything you own is given to the people or causes you cherish most. They will also help in planning further in the future when your loved ones or other parties need help getting through probate administration.

Creating Wills & Trusts

A will, along with one or more trusts, are two things that build a strong estate plan. A will includes your instructions and last wishes to your family and loved ones after your passing. With a trusted elder rights attorney, Little Rock natives can rest assured their wills will be written to fit the laws of their area while also ensuring their wishes are followed.

An elder law attorney can also help with living wills, which determine whether a medical professional should withhold or remove life-sustaining treatment. They’re usually used for patients who are terminally ill, incapable of decision-making or are unconscious.

An attorney can also help you build a trust, which is an arrangement where a trusted third party holds your money, property, and other assets. You can do this now or after you have passed, and with an elder law attorney’s help, set the conditions of that trust to your liking.

Every good estate plan needs a will and a trust. Fortunately, we are experienced in doing both in the WH Law offices.

Guidance in the Probate Process

Probate laws can be a significant obstacle for elders’ assets to reach their families. If you leave your state unplanned, they will often have to pass through several months of probate court before your family can receive them.

Little Rock residents can avoid the lengthy probate process with the help of seasoned elder law lawyers. An accredited attorney specializing in elder law may recommend placing assets into a trust or ensuring assets are jointly held between spouses.

That way, they can help ease the burden on you and your loved ones and allow you to enjoy your time together, knowing everything necessary is taken care of.

Obtaining Guardianship & Conservatorship

Guardianship is when the court gives a person legal power and duty to care for another person. In this case, we mean the responsibility of caring for an elder who is no longer able to care for themselves or make decisions over their own property and assets.

If you are a family member or friend of an elder who requires guardianship, an elder law attorney can help start the legal process of obtaining it.

In Arkansas, there are three main steps to obtaining guardianship over an elderly loved one:

1. Petitioning the Court: You file a petition at the circuit court where your elder loved one lives. They should then receive notification of your request and hear about their rights in return.
2. A Professional Evaluation: A social worker, psychologist, or physician must evaluate the older adult to see if their condition requires legal or full guardianship. Their evaluation will be brought to the court, or they may testify at the final hearing.
3. Final Hearing: The older adult may have an attorney present in case they would like to reject the need for a guardian. However, if the judge decides that they are incapacitated, they will assign you or a chosen party as their guardian. The judge will then give specific orders on what you can and can’t do with your elder’s property.

On the other hand, a conservatorship is more of an agreement between you and your elder loved one. While obtaining guardianship is often done out of necessity due to their ward’s inability to care for themselves, a conservatorship is more voluntary.

It involves an elder consenting to allow a trusted family member or other individual to handle their assets, even if they aren’t physically or mentally incapacitated. It is essentially the same as guardianship but requires less time and expense since it doesn’t require any evaluations.

Whether you are seeking to establish guardianship or conservatorship, you will need the help of an elder care attorney. Little Rock, AR, is home to numerous families in need of experts in elder law, and WH is here to provide it. Call us now. We’re ready to help.

Fighting in Elder Abuse & Exploitation Cases

There are numerous cases of elder abuse occurring every year, largely in elder care facilities such as a nursing home. Various forms of elder abuse include:

• Physical – Unwanted or harmful contact, from pinching and restraining to striking and punching. Some instances include sexual assault.
• Emotional – Elders receiving verbal threats, intimidation, or harassment.
• Financial – Stealing funds, property, or other assets from an elder through various means, even improperly gaining guardianship or power of attorney.
• Neglect – Failing to give proper care to an older adult incapable of caring for themselves. This can be in the case of a nursing home or assisted living facility or among relatives or family members.

With the help of an elder rights attorney, Little Rock citizens will get the justice they or their elder loved ones deserve. At WH Law, our elder law attorneys don’t tolerate any level of abuse among our fellow neighbors in Little Rock, AR. If there is any suspicion of elder abuse occurring, don’t hesitate to give us a call.

Trust WH Law’s Elder Law Lawyers | Little Rock, AR

When it comes to elder law and all its related practice areas, WH Law is ready to take on any case you bring. We have years of experience providing elders and their families with legal services in estate planning, assisting in probate administration, and more.

More importantly, for our team of elder law lawyers, Little Rock is home. Working with us means you will have a group of legal professionals devoted to ensuring you or your family’s future is secured. And in cases that need relentless elder law lawyers who will fight to get them the respect and care they deserve, WH Law should be your first choice.

We’re ready for your case. All you need to do is contact us today.