Elder Law Lawyer East Greenwich, RI

Your East Greenwich Elder Law Attorneys

Elder Law lawyer East Greenwich, RI

Our team of attorneys in East Greenwich, RI from McCarthy Law, LLC knows that when you need legal help for your elderly loved one, it can be difficult to know where to go. An elder law lawyer you can trust from our firm can help your family if you or an elderly loved one is dealing with issues like nursing home neglect or abuse, elder financial abuse, problems with Medicaid, or even estate planning. It can be difficult to know who to rely on during this time and when you come to our office you know you are getting legal help from someone who cares. Want to see what we can do for you? Schedule your consultation now.

You may be wondering: how can an elder law lawyer East Greenwich, RI trusts help with advanced planning and long-term care? If your elderly loved one has not planned for the future, that could mean that not only will they face huge monthly costs for long-term care, but it could mean that their loved ones end up paying too. For example, if you are elderly and have not gone through the estate planning process, you may not realize that dying without a will or a trust could mean that your estate goes through probate which ends up costing more in the long run. 

What if I am taking care of my elderly loved one?

If you are taking care of your elderly loved one in East Greenwich, Rhode Island, we can help. We understand that many children end up becoming the caretakers of their parents or end up making important legal, financial, and health decisions. Having an elder law lawyer by your side during this process can streamline things and take some of that heavy burden off of you. Further, if you are in charge of making decisions for your elderly loved one and believe that they have experienced abuse by another caretaker or at a nursing home, reach out to our team of elder law attorneys to see how we can help.

Call Our East Greenwich Office Today

The sooner you give our office a call, the sooner we will be able to help you out in your time of need. Interested in getting legal help for a problem or decision you need to make? Contact our trusted elder law lawyer from McCarthy Law, LLC today. 

Common Myths About Elder Law

An elder law attorney in East Greenwich, RI can help you prepare for your future, giving you peace of mind. However, there are many misconceptions about elder law planning that may prevent some people from speaking to a lawyer. Here are a few common myths you shouldn’t believe.

  • Elder Law Lawyers Only Assist with Wills: It’s true that establishing wills is a large part of what elder law lawyers do. However, it’s definitely not all they do. These lawyers can do so many important things, such as helping you plan for retirement, protect your assets from financial exploitation and help access Medicaid.
  • Only Seniors Need Elder Law Lawyers: When you consider the name, elder law, you might assume that the lawyers only assist senior citizens. However, these legal professionals can actually be useful to people of all ages. You’re never too young to start planning for your future. For example, if you recently got married or had a baby, you may want to establish a will to protect your family if you should die suddenly. You may also want to start planning for your retirement from an early age.
  • If You Have a Will, Someone You Trust Can Make Your Healthcare Decisions: Although a will is a necessary part of an estate plan, it isn’t the only document you should have. Although a will can designate who you want your property to go to, it can’t allow someone to make healthcare decisions on your behalf if you should become incapacitated. Only a healthcare power of attorney can do that. Make sure to include this document in your estate plan.
  • Once You Establish a Will, That’s It: Many people assume that they don’t have to look at their will again once they establish it. This isn’t true. It’s often necessary to revise your will several times throughout your lifetime. A good rule of thumb is to look at this document when you experience a major life change. For instance, you may want to consult an elder law lawyer in East Greenwich, RI about your will if you get a divorce or have a child.
  • Only Very Poor People Qualify for Medicaid: This is one of the most common myths in elder law. The truth is that it’s possible to utilize your financial and asset protection strategies to qualify for Medicaid at any income level.

How Elder Law Attorneys Help

When it comes to finding an elder law lawyer in East Greenwich, RI you may be wondering what they even do. What can they offer you in the long run? Why would you even need one? In many cases, an elder law attorney is there to handle a wide range of legal matters for an older person. These issues can range from health care to social security. 

When it comes to the elderly, these lawyers are specialists in their field because of their focus. You can trust that McCarthy Law, LLC has the experience to handle the often more sensitive emotional and physical needs of older adults. They are ready to handle the challenges that often arise when dealing with elderly adults. Understanding that you are important and your comfort is important and that is what we strive to help you with. 

There are many things that an elder law lawyer can help you with. Here are some of the issues they can help you with: 

  • Discussing the importance of wills and estate planning, which include planning for a minor or an adult with special needs.
  • Create a power of attorney that can be trusted later on.
  • Help with healthcare planning, including long term care options, Mediate, and a power of attorney for healthcare. 
  • Financial representation in planning, housing opportunities, income, estate, and gift tax matters. 
  • Help with the selection and appointment of a legal guardian. 
  • Explain nursing home resident rights and help file claims against the nursing home. 
  • Draft a living will or advanced directives, including a durable power of attorney and long term planning documents. 
  • Help locate long term care facilities and manage assisted living costs. 

What Questions You Should Ask Your Elder Law Lawyer

No matter what kind of lawyer you get, you should always go through an interview process to find the right lawyer for you.  McCarthy Law, LLC has put together a list of questions that you could ask to make sure that the lawyer you select is one you are comfortable with. No matter who you choose you need to make sure that they are experienced but also able to make you feel comfortable with them handling your needs. 

Here are some important questions to ask your lawyer: 

  • How long have you been practicing law? 
  • What is your percentage of time devoted to elder law? 
  • Do you have any particular emphasis on areas within elder law? 
  • What information do you need for our first meeting? 
  • How are your fees computed? 
  • What is your percentage of cases won or settled? 
  • Who all is going to be working on my case?

Finding the right elder law attorney in East Greenwich, Rhode Island can be a daunting task, but it is important. You can trust that we here at McCarthy Law, LLC have the experience to handle your case with respect and dignity. Do you have any more questions? If so reach out to us today to learn more about what we can do for you. 

How Do I Know Whether a Conservator is Required for My Loved One?


A conservator is a person who is appointed by the court to take over care of another’s finances in the event he or she cannot due to illness, disability or injury. It can be heartbreaking for family members and friends to see a loved one be diagnosed with or go through a terrible accident, which may then lead to potentially permanent impairments. Here we have answered a few questions about this role, so relatives can better understand when a conservator is needed: 

How do I know whether my family members or friends need a conservator?

Life can be unpredictable, and there may come a time when a loved one comes down with an injury, illness, or disability that makes it challenging to make decisions. In the event of such an occurrence, another person may have to take over responsibilities related to money. Situations where a conservator may be required include:

  • When the loved one falls into a coma
  • When the loved one becomes mentally challenged and is unable to care for themselves entirely
  • When the loved one is diagnosed with Alzheimer’s disease, Parkinson’s, or another neurological condition
  • When a loved one has recently suffered a stroke
  • When a loved one has recently suffered a brain injury 

How is it decided whether a person needs a conservator?

The court may find that a person requires a conservator based on whether or not he or she can make important life decisions. If the person is not able to, then he or she is deemed incapacitated. When deciding whether a conservator needs to be appointed, the court will hold a hearing to evaluate the facts. A person is likely to be considered incapacitated if they cannot:

  • Clearly communicate his or her wishes on personal matters
  • Understand facts regarding his or her health care, finances, or living situation to the extent that decisions can be reasonably made 

What is an example of a situation where a conservator is helpful?

Let’s say the loved one was involved in a serious car accident and suffered from a brain injury. After the collision, the loved one may still be able to go about their daily life participating in hobbies and tend to personal hygiene, but has lost the ability to do the math. A conservator can take care of the finances that the loved one has become unable to do on his or her own. So, a conservator may handle rent, the insurance settlement, investments, and send the loved one spending money for the month. 

What is an example of a situation where a conservator is not needed?

Imagine that a loved one suffered a stroke and was unable to communicate through speech. The loved one may be relocated to a nursing home so around-the-clock care can be done. If the loved one had no assets besides social security, then a conservator is not needed to make financial decisions. Whether or not a conservator is required, is simply based on whether the loved one can take care of personal finances. 

Speaking with an elder law lawyer in East Greenwich, RI from the law firm McCarthy Law, LLC could be the next step to better understanding conservatorships and elder laws. 

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