Ensure Care That Will Always Carry On
When someone you love has a disability or is aging in a way that affects their independence, the questions that come up can feel overwhelming. How do you make sure they're cared for? How do you protect their benefits? Who will make decisions for them if they can't? What happens to them after you're gone? At Bondurant Law, we help families in St. Tammany, Tangipahoa, and Washington Parishes find answers to these questions, clearly, compassionately, and with the specific legal expertise these situations require.
Special Needs Trusts
Many individuals with disabilities rely on government benefit programs such as Medicaid or Supplemental Security Income (SSI) to cover essential healthcare and living expenses. The problem is that these programs have strict asset limits: if your loved one inherits money or receives a financial gift outright, they may lose eligibility for the very benefits they depend on.
A special needs trust is a specific type of trust designed to solve this problem. It allows you to set money aside for a disabled loved one in a way that supplements their care—covering extras like therapy, transportation, education, and quality-of-life expenses—without disqualifying them from their government benefits.
There are two main types: a third-party special needs trust, which is created by a family member to benefit someone else, and a first-party trust, which is created by or for the disabled individual using their own funds. We'll explain the difference, determine which applies to your situation, and make sure the trust is drafted properly so it actually works the way it's supposed to.
Long -Term Care & Medicaid Planning
One of the most common concerns we hear is: "What happens to our savings if my spouse or I need to go into a nursing home?" It's a completely understandable worry, and it's one that proper planning can genuinely address.
Many people don't realize that Medicare does not cover long-term residential care like nursing homes or assisted living. Medicaid does, but only for those who meet income and asset limits. If you have more than those limits allow but not enough to cover extended care on your own, you may feel stuck.
The good news is that strategic Medicaid planning can legally protect a portion of your assets while still allowing you to qualify for Medicaid. We explain how the program works in Louisiana, what the rules are, and what steps you can take now to preserve more of what you've worked for.
Powers of Attorney for Aging Loved Ones
A power of attorney is a legal document that lets one person authorize another to make financial and legal decisions on their behalf. For aging individuals or those whose health may be declining, having this document properly in place is absolutely essential—as is having the time to put it in place before it's urgently needed.
If your loved one still has the mental capacity to sign a power of attorney, we strongly encourage acting soon. Once capacity is lost, a power of attorney is no longer available as an option. The alternative, called an interdiction, involves a court proceeding that takes more time, costs more, and can be harder on the entire family.
We draft powers of attorney with care and specificity, making sure your loved one's chosen representative has exactly the authority they need, and that the document will hold up when it matters most.
Interdictions
Sometimes an interdiction, or the court process of appointing a legal guardian for someone who can no longer manage their own affairs, is not straightforward. Family members may disagree about whether a loved one truly lacks capacity, or about who should serve as their legal guardian. In some cases, a person may resist the process entirely.
These contested capacity proceedings are some of the most emotionally charged legal matters we handle, and we treat them with the gravity and compassion they deserve. Our team has experience in both contested and uncontested interdictions. Whether your family is united or divided, our job is to make sure the legal process protects the person at the center of it, and that every party is treated with dignity throughout.
when family matters impact family businessES
Caring for a relative whose mental or physical challenges are affecting their day-to-day functioning can be a major source of stress. But when an ailing family member is also integral to a family business, the difficulties only multiply. Bondurant Law can help you plan the best path forward to protect your loved one's wellbeing and your family's livelihood.
Frequently Asked Questions
Find answers to common questions about special needs planning and our services.
Absolutely! We offer consultations to discuss your legal needs and provide tailored legal advice. Contact our office to schedule an appointment with one of our experienced attorneys.
No. Long term assisted living care is not covered by Medicare, which is a common misconception. Long term care can be paid by the Medicaid program, which is only for those who have insufficient assets and income. Some individuals may have more than what is allowed to qualify for Medicaid, but not enough to really cover their care. In those cases, advanced planning can help. Importantly, planning should be done at least five years before long term care is needed. Contact us to discuss your needs.
A special needs trust is a trust designed to supplement the needs of a disabled beneficiary while ensuring they are still able to qualify for needs-based government benefits, such as Supplemental Security Income or Medicaid. These trusts come in two main forms, a first-party special needs trust, created with the disabled individual's own funds, and a third-party special needs trust, created by a friend or family member for the benefit of their disabled loved one. Contact us to discuss whether a special needs trust is right for you.
No. If you can afford to pay for the costs of assisted living, the government will not be involved in the payment for your long term care. For those who may not have enough income or cash to pay for long term care, they may qualify for Medicaid to pay for that care, but Medicaid has the right to place a lien against the individuals' home after they die to recover the amounts paid by Medicaid. Medicaid advanced planning can help those who may have concerns about being unable to afford long term care. Contact us to discuss details.
Still have questions?
Check out all of our FAQs or contact us today for a consultation.
For Whatever Your Family Is Facing, We're Here to Help
Planning for a loved one with special needs doesn't have to be overwhelming. We'll explain everything in plain terms and help you put the right protections in place, one step at a time.