The Law Offices Of Valerie A. Rocco

The Law Offices of Valerie A. Rocco, provide advice and representation to clients in the following areas of law.

Elder Law: Elder law focuses on the needs of the growing elderly population. In addition to assisting clients with formulating their estate plan for the disposition of their property upon their death, elder law attorneys also provide counseling and prepare documents addressing future disability and quality of life issues.

Estate Planning: Estate Planning is planning for the disposition of your property, during your lifetime, whereupon your death, those you wish to provide for feel the lowest possible tax cost. Documents, such as Last Will and Testaments and Trusts can be utilized to achieve estate planning goals.

Last Will and Testaments: A Will is an important estate planning document. In a Will, you can identify the individuals you wish to receive your property upon your death, rather than have your property distributed to possibly unintended individuals in accordance with Maryland ’s Intestacy laws. You may also designate the person or persons you wish to serve as your Personal Representative to administer the distribution of your estate. Tax savings trusts and trusts designed to preserve your property for intended beneficiaries may also be included in a Will, and if you have minor children, you can designate who you wish to serve as their guardian.

Revocable (Living) and Irrevocable Trust Agreements: Revocable (Living) Trusts are especially useful for disability planning, and can be utilized to achieve other estate planning objectives. Irrevocable Trusts are generally utilized to address estate tax and long term care planning issues.

Disability and long-term planning: It is important that individuals make the necessary arrangements to ensure that their financial affairs and health care treatment decisions will be made by individuals they trust in the event they become disabled. If an individual signs a financial Power Of Attorney, while they are competent to do so, they can appoint someone they trust to represent them and handle their financial affairs in the event they are unable to do so. Competent individuals may also appoint someone to be their health care agent and empower them to make health care decisions for them when they are incapable of making those decisions themselves.

Powers Of Attorney: Any competent individual may execute a General Durable Power Of Attorney wherein they appoint a person to handle their financial affairs. Competent individuals may also appoint someone to make health care decisions for them by a written “Advance Directive”, or by a witnessed and documented oral directive.

Living Wills: A “Living Will” now commonly referred to as an “Advance Directive” in Maryland , is a directive by a competent individual setting forth their directive relative to the provision, withholding, or withdrawal of medical treatment, including life-sustaining treatment. A Living Will should always be accompanied with a power of attorney for health care, wherein an agent is appointed to ensure that the provisions of a Living Will are carried out.

Advance (medical) Directive: In Maryland, any competent individual may make an Advance (medical) Directive whereby they appoint someone to be their health care agent and/or give instructions relative to the provision, withholding or withdrawal of medical treatment. It is preferable if the Advance Directive is contained in a writing signed by an individual, however, under certain circumstances, a properly witnessed and documented oral directive by a competent individual will be upheld.

Guardianships: When an individual is unable to make informed decisions regarding their medical care or financial affairs because of a physical or mental illness, and there is a need for someone to be appointed over their person and/or property, a Guardianship action may have to be filed with the court. A Guardianship action may be avoided if the disabled person, when competent, executed a financial power of attorney and Advance (medical) Directive wherein they appointed a person or persons to handle their financial affairs and make health care decisions for them.

Special Needs Planning: Special needs planning has been referred to as estate planning for individuals with disabilities. However, planning for an individual who has a disability, is much more than planning for the distribution of their assets. Consideration must also be given to the individual’s abilities, current living, education or work situation, financial status, family dynamics, and to the financial support they are receiving or need. Generally, the primary concern of a family with a disabled child, is that provision of financial support to the disabled child will not adversely affect any state or federal benefits, such as Medicaid and Supplemental Security income, which they are, or may receive in the future. In Maryland , a trust created under the Maryland Discretionary Trust Act, or a broader “special needs trust”, can be created to address the foregoing concerns.

Medicaid Planning: Medicaid, also known as Medical Assistance, is a government program that pays for much of the costs incurred by individuals who require nursing home care, whether in such a facility or at home. In order to qualify for Medicaid, certain residency, medical, and financial criteria must be met. The eligibility rules are complicated and differ for single people and married persons. The firm assists with Medicaid Planning and with the applicable application process.

Asset Protection Planning: . Certain strategies and techniques are available to protect assets of individuals who are concerned about creditors, lawsuits, and protecting their assets in the event of divorce or nursing home placement. Such planning techniques vary depending upon the composition and value of an individual’s estate and their goals, and may include, without limitation, an analysis of property ownership, formation of a corporation or limited liability company for business entities, charitable tax planning, business succession planning, as well as traditional estate planning techniques, utilizing wills and trusts.

Prenuptial and Marital Settlement Agreements: Generally when people think of estate planning they think of Wills, trusts, and other documents, wherein they direct to whom their assets are to be distributed. However, there are other estate planning options available, such as an Antenuptial Agreement, sometimes referred to as a Prenuptial Agreement. An Antenuptial Agreement is an agreement between two individuals who plan to marry and wish to preserve their separate property and estates. Such an agreement may provide that the parties waive any statutory right they have as a surviving spouse to take against the Will of the other party, or to claim their statutory share of the other’s estate, as well as other provisions regarding each party’s rights in the other’s retirement benefits and other assets.

Probate and Trust Administration: Probate is the process whereby upon the death of an individual their property is distributed to the individuals designated in a Will, or, in accordance with the laws of intestacy, if the deceased individual had no Will. The type of Probate Estate opened depends upon the value of the assets to be distributed and the relationship of the beneficiaries to the decedent.

Review of long term care agreements: After determining that a long term care facility meets the needs of an individual, whether independently or by utilizing the services of a geriatric care manager, the contract for admission to the facility should be carefully reviewed and the financial stability of the facility should be scrutinized. When reviewing the contract, it is important to ascertain the amount of the entry fee and monthly charges, how such fees are calculated, under what circumstances such fees may be increased and/or refunded, what housing, amenities and health care services will be provided, as well as other issues which should be addressed in the agreement.

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