FAQs

FAQs

The Law Offices of Carol Bertsch, PC

Have an elder law-related question? We have the answer. Check out these FAQs and give us a call today for more information!

  • My mom's mind is starting to slip. What should we do to plan ahead? What can I do to help her?

    I understand this must be a very difficult time for you. A dementia diagnosis can bring a lot of uncertainty, but there are steps you can take to plan ahead and ensure your mom receives the best possible care.


    If your mom still has mental capacity, she should see an elder law attorney to get her will and powers of attorney done as soon as possible. A power of attorney allows your mom to designate someone she trusts to handle her finances if she becomes unable to do so herself. A health care directive allows her to express her wishes for medical treatment in advance.


    It would be best for your mom to have these documents done by an elder law attorney, so if your mom ends up needing Medicaid to pay for long-term care at home or in a facility later on, we can help protect some of her assets.


    Please know that you are not alone in this. There's support available, and planning ahead will give you peace of mind knowing you're doing everything you can to help your mom. Call us at The Law Offices of Carol Bertsch, PC if you're looking for elder law attorneys in San Antonio, TX.

  • My wife and I had our wills done about 30 years ago and we'd like to make some updates. Can you help us with that?

    30 years is a long time and I bet a lot has changed for you and your loved ones. In fact, according to CNBC, 40% of those with no estate plan don't have one because they simply haven't gotten around to it yet. However, we'd be happy to meet with you and your wife to review your wills and discuss changes.


    The best way to make these changes is by creating a new will. A new will explicitly revokes any previous ones, leaving no room for confusion and ensuring your latest wishes are clear.


    During a consultation, we can discuss the updates you have in mind, be it changes in how you'd like your assets distributed or who you'd want to be in charge of carrying out your wishes. We'll ensure your new wills are as simple as possible while providing the peace of mind that comes from knowing your wishes will be respected.


    Your next step would be calling and setting up a consultation so y'all can come in to discuss your specific situation. In the meantime, you may want to write down any questions, ideas, or goals you have regarding your new documents. If you're looking for estate planning in San Antonio, TX, call us today!

  • My dad is aging and he needs help managing his finances. Can I get a power of attorney for my dad?

    It's natural to want to help out our parents as they get older, especially with finances. A power of attorney (POA) might be a good option if your dad is on board with the idea. If you haven’t already, I’d suggest talking to him to see what his wishes are.


    If your dad is ready to get his affairs in order, either he or you can call us to set up an appointment. However, please note that your dad would be our client, not you. This means we'll want to ensure his documents reflect his wishes.


    Here's the deal—to get a POA, your dad needs to be mentally sharp and understand what he's signing. This ensures his wishes are followed.


    If you're thinking about a POA, we can chat about the specifics and make sure it's done right. There are some legal steps involved, but we can guide you through them.

    In the meantime, here are a couple of things to keep in mind:


    · Talk openly with your dad about his wishes.

    · Make sure he feels comfortable with you handling his finances.

    · We can discuss other options if a POA isn't the best fit.


    Our goal is to help families like yours navigate these situations. Give us a call whenever you're ready, and we'll set up a consultation to discuss the best way to support your dad. If you're in need of elder law attorneys in San Antonio, TX, call our team today to get started.

  • My son is disabled and receives Medicaid and Social Security Supplemental Security Income (SSI). I want to leave my son an inheritance when I die, but I don’t want him to lose his public benefits. Is this something your law firm can help me with?

    Having a loved one with a disability brings unique challenges: maintaining financial security and public benefits are big ones. I understand there is a lot to consider, especially when you're focused on your son's future wellbeing once you’re gone. You will need to do some special planning with an elder law attorney to ensure an inheritance doesn’t cause your son to lose his Medicaid and SSI.


    We are experienced in helping families navigate these situations. The most important thing is to ensure your son has the resources he needs to live a comfortable life.


    There are a variety of Supplemental Needs Trusts we do to help preserve public benefits. I encourage you to call and schedule a consultation. When you come in, we can explain how Supplemental Needs Trusts work, as well as which trust would be best for your son.

  • My husband has dementia, and it’s getting worse. I do not want to put him in a nursing home, but I can’t take care of him at home anymore. To make matters worse, I don’t know how I’m going to afford a nursing home. If I spend our retirement on a nursing home for my husband, there will be nothing left for me. I really need some help. Is it true that your law firm can help people get on Medicaid and still preserve assets for their spouse?

    This is an incredibly difficult situation, and you're not alone. Caring for someone with dementia is a huge challenge, and the financial burden can be overwhelming. It's completely understandable that you don't want to put your husband in a nursing home, even though you can no longer care for him at home.


    The good news is that you’ve reached out to the right place. Strategizing Medicaid eligibility is the cornerstone of our practice. Our lawyers know the loopholes: we can help you explore ways to get your husband the care he needs while protecting your retirement savings.


    Our goal is to ease your burden and find the best solution for both you and your husband. Your next step would be to call and schedule a long-term care planning meeting. When you come in, we’ll map out a roadmap that preserves as many assets for you as possible while gaining Medicaid eligibility for your spouse. We can help you navigate this challenging time and guide you through the process.

  • My brother is disabled and on Medicaid. He is about to receive an award from a personal injury settlement. Is there anything you can do to preserve his Medicaid that would still allow him to benefit from the money he’s receiving?

    I understand your concern. It's great that your brother received a personal injury settlement, but you're worried it might affect his Medicaid and SSI benefits. That's a common concern, and there are definitely ways to help.


    The Law Offices of Carol Bertsch, PC works with people who are seeking to obtain or maintain their public benefits. We can explore different types of trusts that might protect your brother’s Medicaid and disability. Other options might include a Medicaid-compliant “spend down” of some of the money, which may improve his quality of life.


    Your next step would be to call and schedule a consultation. When you come in, we’ll explain the different options in detail and find the best solution for your brother's specific situation.


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