Estate Planning & Administration

At Elder Law Lexington, estate planning begins with a solid review of a client’s personal situation, health and assets.

Elder law in Kentucky is a highly technical area of the law addressing the unique needs of elderly and special needs residents. Elder law is a relatively new field of law that deals with the issues faced by the fastest growing segment of the U.S. population, the elderly. Because this area of the law is so unique, it is important to have a highly qualified elder law attorney who can best represent you.

At Elder Law Lexington - McClelland & Associates, PLLC, we concentrate on elder law, special needs counseling and estate planning. Elder Law Lexington specializes in personal service. Our process begins with listening carefully to each client to determine their planning goals, their concerns and their particular circumstances. Our attorneys who work with the elderly and those with special needs bring more to our practice than expertise in elder law. Robert McClelland holds an advanced Master of Laws degree in elder law from the Stetson University College of Law. He has been certified by the National Elder Law Foundation and is designated as a Certified Elder Law Attorney. With attorneys Mark Maddox and Richard Dawahare, the firm has counseled hundreds of clients concerning elder law.

Elder law involves planning for complex health care, long-term care and other issues facing elderly and disabled individuals and their families. Studies show that the elderly stand a 40 percent chance of needing unexpected long-term care, before they die. As people grow older, planning for the future becomes increasingly important. As people navigate the complex waters of estate and retirement planning, Social Security, Medicare, health care directives and long-term care, they’ll need sound legal advice and representation from an attorney they can trust to put their best interests first. Our goal at Elder Law Lexington is to help seniors and those with special needs protect their assets against the high cost of nursing home care, allowing them to remain independent for as long as possible and to enjoy the peace of mind that comes from knowing there is a plan in place for the future.

Elder Law Lexington collaborates with social workers, psychologists, geriatric care managers and other elder care professionals who may also be of assistance to our clients. We have an understanding of the elderly that allows our staff to ignore the myths related to aging. At the same time, we recognize and empathize with some of the true physical and mental difficulties that often accompany the aging process. Elder care planning is a comprehensive approach that focuses on the functional quality of life for later years and the residual quality of life for family and loved ones during and after lifetime.

  • We help our clients empower trusted people to handle their health care and financial decisions if the client becomes incapacitated.
  • We create special needs trusts to ensure that disabled and special needs individuals become eligible or continue to receive Medicaid and Social Security benefits.

The range of services offered by Elder Law Lexington include:

  • "Able Account” Counseling
  • Disability Planning
  • Durable Advanced Directive for Healthcare
  • Durable Financial Powers of Attorney
  • Elder Abuse Issues
  • Elder Care Planning
  • Estate Planning – including Trusts and Administration of Trusts
  • Guardianship and Conservatorship
  • Health Law
  • Independent Living Options
  • Long-Term Healthcare Options
  • Medicaid Application and Planning
  • Medicaid Asset Protection / Avoidance of Spousal Impoverishment
  • Medicaid Estate Recovery
  • Medicaid Trusts
  • Nursing Home Issues
  • Orderly Transfer of Wealth upon Death
  • Paying for Long-Term Care
  • Preservation of Assets
  • Probate and Estate Administration
  • Public Benefits Planning
  • Real Property
  • Revocable and Irrevocable Trusts
  • Special Needs Trusts
  • Supplemental Security Income Issues
  • Trusts and Wills
  • Veterans Benefits Planning and Counseling

At Elder Law Lexington - McClelland & Associates, PLLC, we are specialists in elder law.