Rowe & Walton PC

Elder Law Firm Bountiful

Bountiful, Utah Law Firm

Our Professional Team Is Here To Help.

Elder Law Firm: Compassionate Guidance for Seniors and Families in Bountiful, Utah

Aging brings with it a unique set of challenges and opportunities, encompassing everything from managing one’s health and finances to ensuring a legacy for loved ones. At this crucial stage of life, navigating the complex legal landscape can feel overwhelming, especially when faced with the intricacies of long-term care planning, asset protection, or unexpected incapacity. That’s where a dedicated elder law firm becomes an invaluable partner.

At Rowe & Walton PC, our professional team in Bountiful, Utah, is committed to providing comprehensive elder law services tailored to the specific needs of seniors and their families. We understand that these matters are often deeply personal and emotionally charged, requiring not just legal expertise but also a compassionate and empathetic approach. Our goal is to offer clear, actionable guidance that empowers our clients to make informed decisions, protect their interests, and achieve peace of mind for their golden years and for generations to come.

Comprehensive Elder Law Services We Provide

Our firm offers a broad spectrum of elder law services designed to address the diverse needs that arise with aging. We proactively assist clients in planning for the future, while also providing robust representation when disputes or crises occur. Our core areas of practice include:

Estate Planning and Asset Protection: This foundational aspect of elder law involves crafting legally sound documents that express your wishes regarding your assets and healthcare. We work diligently to develop personalized strategies that protect your wealth, minimize tax burdens, and ensure your assets are distributed according to your desires. This often includes establishing wills, trusts, and strategic gift-giving plans designed to safeguard your legacy.
Estate Administration: When a loved one passes away, the process of administering their estate can be complex and emotionally taxing. We guide families through the necessary legal steps, whether it involves navigating the probate court or managing assets held in a trust, ensuring a smooth and efficient transfer of property and settlement of debts.
Guardianship and Conservatorship: These legal avenues become critical when an individual can no longer make decisions for themselves. We assist families in understanding when and how to seek court-appointed guardianship (for personal and medical decisions) or conservatorship (for financial matters), always prioritizing the best interests and well-being of the incapacitated individual.
Medicaid Guardianship and Estate Recovery: Planning for the high costs of long-term care is a significant concern for many seniors. Our firm provides expert guidance on Medicaid eligibility and planning strategies, including the intricate rules surrounding asset transfers and the “look-back period.” We also represent clients in matters related to Medicaid estate recovery, helping to protect family assets from being claimed by the state after a Medicaid recipient’s passing.
Long-Term Care Planning: Proactive planning for potential long-term care needs is paramount. We help clients explore various options, including long-term care insurance, veterans’ benefits, and strategic financial planning, to ensure they can afford the care they need without exhausting their life savings.
Probate Disputes and Trust Disputes: Unfortunately, disagreements can arise during the administration of an estate or a trust. These often involve challenges to the validity of a will or trust, disputes among beneficiaries, or allegations of mismanagement by an executor or trustee. Our litigators are skilled in resolving these complex conflicts, whether through negotiation, mediation, or aggressive courtroom advocacy, striving to uphold the decedent’s true intentions and protect our clients’ rights.
Other Issues Related to Aging: Life rarely fits neatly into boxes, and aging can bring about a range of unforeseen legal challenges. We also assist clients with other issues that can arise with aging, including family law matters related to divorce or separation in later life, pre-marital agreements (significant for second marriages), domestic abuse cases affecting older adults, and other forms of probate litigation that fall outside the typical trust and will contests.

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Power of Attorney Services: Empowering Your Future

One of the most fundamental and vital tools in elder law planning is the Power of Attorney. These crucial documents allow you to proactively name someone you trust (your “agent” or “attorney-in-fact”) to act on your behalf should you become incapacitated and unable to make decisions independently. At Rowe & Walton PC, we emphasize the creation of two distinct but equally important types:

Financial Power of Attorney: This document grants your chosen agent the authority to manage your financial affairs, including banking, paying bills, managing investments, and handling real estate transactions.
Health Care Power of Attorney (often part of an Advance Health Care Directive): This allows your agent to make medical decisions for you, such as consenting to treatments, accessing medical records, and making end-of-life choices, according to your wishes.

Ideally, you will have already thoughtfully considered who you would want to entrust with these immense responsibilities – whether it’s a spouse, adult child, or another trusted individual. Having both a health care power of attorney and a financial power of attorney in place is paramount. In their absence, if you become incapacitated, the court may need to appoint an administrator or executor for your estate, a process that can be costly, time-consuming, and may result in someone being appointed whom you would not have chosen. Because powers of attorney are vital legal documents with significant implications, they should always be drafted with meticulous care by an experienced elder law attorney and treated with the utmost confidentiality.

Understanding Guardianship and Conservatorship: When Independence Wanes

When an individual loses the capacity to make or communicate decisions about their person, property, or finances, and they have not executed a Power of Attorney, legal intervention may become necessary to protect their well-being. This often involves the appointment of a court-supervised guardian or conservator.

What is a Conservatorship? A conservatorship is a legal arrangement where a court appoints a “conservator” to manage the financial affairs and property of an individual (referred to as the “protected person”) who is deemed unable to do so themselves. The need for a conservatorship can become acutely apparent when an elderly or infirm person can no longer handle their banking, pay bills, manage investments, or safeguard their assets from exploitation or mismanagement. A conservator can be appointed to manage those affairs, but only if the court has formally determined that the person has become incapacitated.
What is a Guardianship? In contrast to a conservator, a “guardian” is appointed by the court to make decisions regarding the personal care, medical treatment, and living arrangements on behalf of an incapacitated adult. This person looks after the individual’s health and well-being, ensuring they receive proper care, nutrition, and a safe living environment.

In many situations, especially with incapacitated elderly individuals, both a guardian and a conservator may be needed by one individual. While the same person can serve in both roles, often different individuals are appointed, particularly if the financial affairs are complex and require specialized expertise. The distinction between a guardian and a conservator is crucial: the guardian handles medical, housing, and personal care decisions, while the conservator focuses solely on financial matters. The process of establishing a guardianship or conservatorship is carefully scrutinized by the courts to protect the rights of the incapacitated person, making experienced legal counsel essential for all involved parties.

At Rowe & Walton PC, we are dedicated to helping families navigate these sensitive and often challenging elder law issues with professionalism, clarity, and genuine care. Contact our Bountiful, Utah, office today to discuss your unique situation and learn how our team can provide the peace of mind and legal protection your family deserves.

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