Elder Law

In the practice of Elder Law, we focus on helping people who are aging or have disabilities or special needs and their families. Our planning and practice is designed to inform and guide our clients to a better understanding of the legal issues they face and to identify their options and benefits. We also strive to counsel and assist our clients in finding solutions to practical problems that are present in difficult times of serious illness.


Elder Law is a diverse and fascinating area of the law and we take enormous pride in serving our elder law clients. Elder Law encompasses a myriad of legal areas including the following – end of life planning such as advance directives and living wills, health care decisions by an agent or surrogate, access to medical care, housing issues and options, public benefits including Medicare, Medicaid, Social Security Disability benefits, Supplemental Security Income (SSI) benefits, and Veterans Affairs (VA) benefits, asset management and preservation, long term care insurance, other health insurance and retirement benefits, nursing home negligence and injury, elder abuse and fraud, powers of attorney, conservatorships, living trusts, special needs planning and trusts, other estate planning, and probate.


Attorney Amelia Crotwell is a member of the National Academy of Elder Law Attorneys (NAELA), which is a highly respected association designed to assist attorneys and other professionals who work with aging or disabled people. NAELA serves to educate and connect elder law practitioners, and offers a wide range of information and resources for its members.


Frequently Asked Questions

Q. What Is Elder Law?


A. Elder Law is a combination of legal areas that focus on the special needs of aging persons.


According to the National Academy of Elder Law Attorneys (NAELA), Elder Law encompasses many different legal fields:



Q. What Is Probate?


A. Probate is a legal court procedure in which the assets of a deceased person are passed to beneficiaries. The executor or personal representative of the estate gathers together the assets of the deceased person, pays creditors, and distributes the assets to the beneficiaries or heirs. This process typically takes at least one year to complete. Not all of a deceased person’s assets are included in the probate estate. Assets which are titled jointly with a right of survivorship, life insurance policies with beneficiary designations, trust assets, etc., pass outside the probate estate.


Q. I Want My Child To Take Care Of My Affairs When I Am No Longer Able. How Can I Make Sure He/She Will Be Permitted To Act For Me?


A. A Durable Power of Attorney is the best way to do this. Merely creating joint accounts is not always a good choice because it may frustrate your long-range estate plan or create possible tax liabilities or result in Medicaid planning problems.


Q. What Is A Durable Power Of Attorney?


A. A Durable Power of Attorney is a legal document through which you give another person (called an "Agent" or "Attorney In Fact") the legal authority to manage your financial or medical affairs. A Durable Power of Attorney remains in effect even if you become disabled or cannot communicate.


Q. What Is A Conservator?


A. A conservator is a person appointed by the Court to assist a disabled adult person with his or her finances and/or personal and medical decisions. The Court supervises the conservator’s handling of finances through an annual accounting. The Conservator will also have to post a bond.


Q. If I Gave Someone A Durable Power Of Attorney, Will It Be Necessary To Have A Conservatorship Proceeding If I Become Incapacitated?


A. No. The purpose of a Durable Power of Attorney is to avoid a court proceeding which can be costly and time consuming.


Q. How Do I Revoke A Durable Power Of Attorney?


A. It depends on the language contained in your documents. Often you can revoke a Durable Power of Attorney by giving written notice to your Agent or Attorney in Fact. You may also want to notify to your financial institutions where your Agent or Attorney in Fact conducted normal business on your behalf and file the revocation with the Register’s office.


Q. What Is An Estate Or Inheritance Tax?


A. Under federal law, taxes are generally due on estates over 1.5 million dollars, as of 2004. In Tennessee, an inheritance and estate tax is imposed on estates that exceed the maximum single exemption of $850,000 in 2004.


Q. What Is A Living Will And Do I Need One?


A. A living will is a document through which you declare your decisions about end of life medical treatment to your family and medical providers. A living will is an important way of communicating your wishes about your right to die naturally and free of pain.


Q. What Is An Inter Vivos Or Living Trust?


A. A "living trust" or "inter vivos trust" is a trust that exists or comes into being during the lifetime of the Grantor (i.e. the maker of the trust).


Q. What Is A Revocable Trust?


A. A revocable trust can be revoked or amended during the life of the Grantor or according to the provisions included in the Trust Document.


Q. What Is An Irrevocable Trust?


A. An irrevocable trust cannot be changed by the Grantor of the trust once it has been established. This type of trust is often used to avoid estate taxes because funds placed in the trust are generally not included in the Grantor’s probate estate.


Q. Is There A Three Year Waiting Period To Apply For Medicaid?


A. You can apply for Medicaid after the expiration of any period of ineligibility caused by a transfer of property for less than fair market value. An ineligibility period may extend up to three years if made to a person or five years if made to a trust.


Q. Does A Nursing Home Resident Have To Sell The Homeplace To Qualify For Medicaid?


A. No, typically a nursing home resident does not have to sell his or her home if it is occupied by a community spouse, a child under 21, a blind or disabled child, a caregiver child or a sibling under certain circumstances. Sometimes homes can be transferred to children but this depends upon the overall circumstances of each particular case. You should consult an attorney with specific questions about transfer of assets.


Q. Do Attorneys Make Home Visits?


A. You should ask your attorney whether he or she makes home visits. Attorney Amelia Crotwell does make home visits and will also travel to a nursing home.