Elder Law

Elder Law focuses on the legal issues and problems of people who are aging and persons with disabilities. It is not just “Medicaid planning.”

Our Elder Law services include:

  • Estate Planning – property ownership, wills and trusts of all types to manage and transfer assets and save taxes
  • Incapacity Planning – financial and healthcare powers of attorney for control over personal affairs in the event of incapacity
  • Long Term Care Planning – planning for nursing home or home-based medical care, including Medicaid eligibility for nursing home
  • Retirement Account Planning – developing customized beneficiary designations to pass retirement accounts to desired recipients with minimum tax consequences
  • Public Benefits Counseling – planning and applying for Social Security retirement, Medicaid, Medicare, SSI and Veterans’ benefits
  • Guardianships and Conservatorships – to permit third party handling of a child’s or incapacitated adult’s affairs
  • Elder Abuse Advocacy – for seniors who may be subjects of physical or financial abuse, neglect or exploitation
  • Nursing Home Rights Counseling – advising residents and their families to about legal rights and obligations for nursing home care

Richard Courtney is the first Certified Elder Law Attorney in Mississippi.  In granting such certification, the National Elder Law Foundation (NELF) requires the attorney to show significant continuing education in elder law, substantial case experience over prior years in the following areas, and successfully complete an examination showing proficiency in the following areas:

  • Health and personal care planning
  • Estate planning
  • Fiduciary representation
  • Legal capacity counseling
  • Public benefits advice
  • Special Needs Counseling
  • Advice on Insurance Matters
  • Resident Rights Advocacy
  • Housing Counseling
  • Employment and Retirement Advice
  • Age and disability discrimination counseling
  • Litigation and Administrative Advocacy in connection with the above matters

Rick Courtney has been named in Best Lawyers in America® since 2013 in Elder Law and Trust and Estate Planning, and has been designated a Mid-South Super Lawyer annually since 2006 in the field of Elder Law.  The firm has been named in Best Law Firms in America® in Elder Law since 2014.

Recent Blog Posts Related to Elder Law:

  • Caregiver Agreements Can Clarify Family Roles
    Paying a relative for care of a frail parent or of an adult child or sibling with disabilities is an option that sometimes solves a variety of problems. “Caregiver agreements”...
  • Urgent: April 29 Last Chance for Social Security Filing Opportunity
    As we wrote in our November 2015 e-newsletter, the Social Security Act was amended this past fall and as a result, certain benefit claiming strategies will soon no longer be...
  • Medicaid’s Spouse Allowance
    Many people believe that, if their spouse goes into a nursing home, they will be left without sufficient assets or income to meet their own needs for support.  However, Medicaid...
  • Who Can Challenge Abuse of a Power of Attorney?
    Elva Mae Hemphill passed away at the age of ninety-nine without a will. Her primary assets consisted of five certificates of deposit and a checking account. As of April 6, 2007,...
  • States Simplify Medicaid Sign-Ups
    In the past two years, 31 states and the District of Columbia have expanded eligibility for Medicaid under the Affordable Care Act, but even more have simplified sign-ups and renewals,...