Elder Law

Elder Law

As Elder Law attorneys, we are advocates for the elderly and their loved ones.  We handle a wide range of legal matters affecting our aging or disabled clients including issues related to Estate Planning, health care, long-term care planning, Conservatorships, Medi-Cal, and other important matters. This area of law was carved out of the larger estate planning practice area by the National Academy of Elder Law Attorneys (NAELA).  Dave attended the first national NAELA symposium for Elder Law attorneys in 1989. He sat for the first exam administered by NAELA, becoming one of the first Certified Elder Law Attorneys (CELA) in California.  To date, there is not a single other CELA attorney in Napa or Solano County. The NAELA Council of Advanced Practitioners (“CAP”) was established in 2005 to provide benefits that meet the educational and marketing needs of Advanced Practitioners. Participation in the Council is by invitation only, and Dave was an original member. Membership in CAP represents the pinnacle of achievement that elder and special needs planning attorneys strive to attain.  As of 2018, Dave is one of only nine attorneys in California with this designation.  https://www.naela.org/CAPNew/About_CAP

Some of the Elder Law issues that Gaw Estate Planning may perform legal services for include:

  • Estate planning documents tailored for seniors including protections from undue influence, financial and elder abuse;
  • Advice on and possible replacement of Trustee from client to child or family member;
  • Determine the true wishes of the client;
  • Help navigate the process of client moving to assisted living and/or a nursing home;
  • Assist middle income clients in qualifying for Medi-Cal assistance to cover nursing home costs;
  • Creation of Irrevocable Trust protection of family assets when a loved one is in a nursing home;
  • Advice concerning Veteran’s benefits;
  • Advice on and creation of a Supplemental Needs Trust in order for a disabled client to receive an inheritance or personal injury litigation proceeds while continuing to qualify for Medi-Cal benefits.
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