{"id":225,"date":"2014-11-03T13:38:33","date_gmt":"2014-11-03T13:38:33","guid":{"rendered":"http:\/\/demo.themetor.com\/thelaw\/?page_id=225"},"modified":"2016-07-23T16:34:17","modified_gmt":"2016-07-23T16:34:17","slug":"toggle","status":"publish","type":"page","link":"https:\/\/www.indianaelderlaw.com\/?page_id=225","title":{"rendered":"Services"},"content":{"rendered":"\t<div  class=\"vc_row wpb_row vc_row-fluid\">\n\t<div class=\"vc_col-sm-12 wpb_column vc_column_container \">\n\t\t<div class=\"wpb_wrapper\">\n\t\t\t<ul class=\"tt-toggle\">\r\n\t\t\t<li class=\"sub-toggle active\">\r\n\t\t\t\t<div class=\"toggle-head\">\r\n\t\t\t\t\t<div class=\"toggle-head-sign open\">&minus;<\/div>\r\n\t\t\t\t\t<p>Estate Planning<\/p>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div class=\"toggle-content open\">\r\n\t\t\t\tWe offer a full range of services for your estate planning needs. We can assist individuals from simple to complex estate planning needs. We also offer planning for individuals who have special needs children or are currently receiving government assistance and need special estate planning to maintain their qualification for these benefits. \u00a0\r\n\t\t\t\t<\/div>\r\n\t\t\t<\/li><\/ul> <div class=\"gap clearfix\" style=\"height: 20px;\"><\/div><ul class=\"tt-toggle\">\r\n\t\t\t<li class=\"sub-toggle active\">\r\n\t\t\t\t<div class=\"toggle-head\">\r\n\t\t\t\t\t<div class=\"toggle-head-sign open\">&minus;<\/div>\r\n\t\t\t\t\t<p>Wills<\/p>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div class=\"toggle-content open\">\r\n\t\t\t\tOftentimes people have difficulties in making their estate plan because the fear it will be a difficult and stressful situation. The attorneys of Fechtman Law Office focus on making this experience as easy as possible while still providing you with educated estate planning techniques. Our office will focus on preparing only the documents you need, and not try to prepare expensive estate plans that serve little purpose to the client. This is why in most cases we generally recommend a simple Will for many of our clients instead of the more expensive Revocable Living Trust. Each case is unique so please contact us today to discuss which option is best for you.\r\n\t\t\t\t<\/div>\r\n\t\t\t<\/li><\/ul> <div class=\"gap clearfix\" style=\"height: 20px;\"><\/div><ul class=\"tt-toggle\">\r\n\t\t\t<li class=\"sub-toggle active\">\r\n\t\t\t\t<div class=\"toggle-head\">\r\n\t\t\t\t\t<div class=\"toggle-head-sign open\">&minus;<\/div>\r\n\t\t\t\t\t<p>Power of Attorney<\/p>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div class=\"toggle-content open\">\r\n\t\t\t\tEvery good estate plan generally includes documents which designate other individuals to assist you in managing your financial and medical affairs.\u00a0\u00a0 A power of attorney allows you to appoint someone to manage your financial and real estate matters while still putting limitations on their authority to act.\u00a0\u00a0Indiana law does not designate anyone to act on your behalf if you are unable to manage your financial affair.\u00a0 Without a power of attorney, your loved ones may not be unable to take actions to protect your assets or to act in your best interests without having a guardianship\u00a0established by an Indiana Court.\u00a0 A power of attorney\u00a0allows your loved ones to assist you in managing your assets without having to pay for an expensive guardianship proceeding.\r\n\t\t\t\t<\/div>\r\n\t\t\t<\/li><\/ul><div class=\"gap clearfix\" style=\"height: 20px;\"><\/div><ul class=\"tt-toggle\">\r\n\t\t\t<li class=\"sub-toggle active\">\r\n\t\t\t\t<div class=\"toggle-head\">\r\n\t\t\t\t\t<div class=\"toggle-head-sign open\">&minus;<\/div>\r\n\t\t\t\t\t<p>Health Care Representative<\/p>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div class=\"toggle-content open\">\r\n\t\t\t\tIn a difficult situation, it is not uncommon for families to have disagreements as to the proper care for their loved ones.\u00a0\u00a0 With the proper health care forms, you can nominate an individual responsible for making these decisions and also give them guidance as to your wishes should they be faced with a difficult decision concerning your health.\u00a0 In contrast to your financial affairs, the Indiana legislature has enacted a law which establishes a list of individuals who can serve as your health care representative. Unfortunately this law fails to prioritize which individual can make this decision.\u00a0 Thus, in\u00a0a situation where competing interests are present\u00a0it may be\u00a0unclear\u00a0who will\u00a0make\u00a0health care decisions on your behalf.\u00a0\u00a0A health care representative form\u00a0allows you to prioritize the individuals to make these decisions and to provide them\u00a0with the guidance as to how you wish for them to act on your\u00a0behalf.\r\n\t\t\t\t<\/div>\r\n\t\t\t<\/li><\/ul><div class=\"gap clearfix\" style=\"height: 20px;\"><\/div><ul class=\"tt-toggle\">\r\n\t\t\t<li class=\"sub-toggle active\">\r\n\t\t\t\t<div class=\"toggle-head\">\r\n\t\t\t\t\t<div class=\"toggle-head-sign open\">&minus;<\/div>\r\n\t\t\t\t\t<p>Trusts &amp; Special Needs Trusts<\/p>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div class=\"toggle-content open\">\r\n\t\t\t\tOur office has the expertise and ability to draft several different types of trusts while giving our clients the proper guidance as to the steps they need to take to properly fund and administer the trust.\u00a0\u00a0This knowledge allows Fechtman Law Office to provide our clients with a complete understanding of the actions they should take in order to provide their loved ones with both the inheritance they have planned for them as well as the assistance provided form various public agencies.<\/p>\n<p><strong>Third Party Special Needs: <\/strong>Many families today are\u00a0struggling with the difficult scenario of establishing an estate plan which provides for their loved ones.\u00a0 This process can become more confusing when one of your loved ones is receiving Medicaid or other public benefits.\u00a0\u00a0\u00a0By establishing a third party special needs trust\u00a0as part of\u00a0our clients estate plan, we allow them provide an inheritance for the future needs of their child while also allowing them to continue receiving their Medicaid benefits.\u00a0 Our office has the expertise and ability to draft these trusts while also giving our clients the proper guidance as to the steps they need to take to properly fund and administer the trust.\u00a0\u00a0This knowledge allows Fechtman Law Office to provide our clients with a complete understanding of the actions they should take in order to provide their loved ones with both the inheritance they have planned for them as well as the assistance provided form various public agencies.<\/p>\n<p><strong>Self-Settled Special Needs Trusts: <\/strong>A self-settled special needs trusts, is a trusts established by an individual for their own personal benefit.\u00a0 Generally, this individual is a Medicaid beneficiary who has either received an inheritance, settlement or other funds which would result in their Medicaid results being terminated if these funds are not placed into a special needs trust for their benefit.\u00a0\u00a0 These trusts are established pursuant to Federal Law and are commonly referred to as d(4)(a) or self-settled special needs trusts.\u00a0\u00a0 Since the Medicaid recipient is creating this trust, a provision is inserted into the trusts which requires repayment for any Medicaid funds expended on behalf of the beneficiary upon their passing.\u00a0\u00a0 The funds placed in these trusts are restricted as to how they can be spent, but the establishment of the trust ensures that the individual does not lose their Medicaid benefits.\u00a0 Since many beneficiaries wait years to be placed on\u00a0a Medicaid waiver, the establishment of the trust is a much better option than simply forfeiting their Medicaid benefits.\u00a0\u00a0Additionally, these funds can often be spent on lots of different resources that significantly improve the quality of life of the individual while still allowing them to receive their medical care through Medicaid services.\u00a0\u00a0 Each individuals\u2019 scenario is unique, and Fechtman Law Office\u00a0will review the client&#8217;s situation to determine whether a Special Needs Trust should be established or whether a different alternative is available to the client.\u00a0\u00a0Our specialty allows us to ensure that any funds placed into a special needs trust are properly expended and accounted for to the Medicaid offices.\u00a0 This ensures that an individual will not lose their benefits and helps to reduce the stress of a loved one that is often associated with the administration of these trusts.\r\n\t\t\t\t<\/div>\r\n\t\t\t<\/li><\/ul><div class=\"gap clearfix\" style=\"height: 20px;\"><\/div><ul class=\"tt-toggle\">\r\n\t\t\t<li class=\"sub-toggle active\">\r\n\t\t\t\t<div class=\"toggle-head\">\r\n\t\t\t\t\t<div class=\"toggle-head-sign open\">&minus;<\/div>\r\n\t\t\t\t\t<p>Guardianships<\/p>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div class=\"toggle-content open\">\r\n\t\t\t\tFechtman\u00a0Law Office assists individuals attempting to establish a guardianship over a friend or loved one. Our attorneys have experience in dealing with the Courts to address concerns about guardianships over minor and incapacitated adults.\u00a0 We also\u00a0offer assistance to guardians\u00a0in managing their duties to both the protected person and the\u00a0court system.\r\n\t\t\t\t<\/div>\r\n\t\t\t<\/li><\/ul>\n\t\t<\/div> \n\t<\/div> \n<\/div>\n","protected":false},"excerpt":{"rendered":"&minus; Estate Planning We offer a full range of services for your estate planning needs. We can assist individuals from [...]","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-225","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.indianaelderlaw.com\/index.php?rest_route=\/wp\/v2\/pages\/225","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.indianaelderlaw.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.indianaelderlaw.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.indianaelderlaw.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.indianaelderlaw.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=225"}],"version-history":[{"count":17,"href":"https:\/\/www.indianaelderlaw.com\/index.php?rest_route=\/wp\/v2\/pages\/225\/revisions"}],"predecessor-version":[{"id":1650,"href":"https:\/\/www.indianaelderlaw.com\/index.php?rest_route=\/wp\/v2\/pages\/225\/revisions\/1650"}],"wp:attachment":[{"href":"https:\/\/www.indianaelderlaw.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=225"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}