Swain Law Firm
Elder Law, Veteran Pension Planning, Estate Planning
Dedicated to assisting Veterans, Elders, and their families for over 30 years
Legal Services
Living Will
  • Allows your agent to follow your wishes
  • Gives your family/agent guidance as to your wishes
  • Is only effective if death is close

Healthcare Power of Attorney
  • Gives your agent authority to make healthcare decisions when you cannot make decisions for yourself
  • Names the person that you desire to serve as your guardian, if needed
  • Allows  you to decide whether life support will be continued in event death is imminent
  • Allows you to limit the type of medical care that can be performed on you, such as organ donation, organ transplant

Durable Financial Power of Attorney
  • Allows you to decide who will make financial decisions for you
  • You can limit the amount of authority to a specific time frame or specific act
  • You can have the power go into effect immediately or come into effect in the future
  • There can be problems getting financial institutions to accept them

Will
  • Allows you to determine who will inherit your assets
  • Not effective unless assets are titled correctly
  • Requires assets to pass through probate

Burial Instructions
  • Helps family understand your wishes
  • Avoids disagreements among family members

Irrevocable Trust
  • Cannot be modified or terminated without the permission of the beneficiary
  • The grantor, having transferred assets into the trust, effectively removes all of his rights of ownership to the assets and the trust

Revocable Trust
  • Allows you to determine who will inherit your assets
  • Not effective unless assets are titled correctly
  • Allows assets to avoid probate
  • Avoids conservatorship/guardianship on assets held in trust
  • To be effective assets must be titled in the name of the trust

Prenuptial Agreement
  • Assures that property is kept separate
  • Avoids disagreements among family members
  • Enforces wishes regarding family wealth

Asset Protection Planning
  • Protects one's assets from creditor claims
  • Operates within the bounds of debtor-creditor law

Special Needs Trust
  • Preserves the beneficiary's eligibility for needs-based government benefits, such as Medicaid and Supplemental Security Income (SSI). 

 Medicaid Planning
  • Providing assistance to a potential Medicaid applicant, in advance of and preparation for, their Medicaid application
The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law.
                                       Dwight Eisenhower