FAQs

Why should I choose Oast & Taylor over a general practice law firm?

Oast & Taylor’s Attorneys have extensive experience in Elder and Disability Law issues, and over the years they have earned the reputation as leaders in the needs and concerns of seniors and those with disabilities. Our focus on these areas of law gives us the expertise and access to resources on a daily basis that are of specific benefit to you. We are up to date on all of the latest developments that can directly affect your quality of life – from medical care and financial well-being, to life care planning and planning for end of life issues. Oast & Taylor can help you with all of these legal concerns and more:

  • long-term care planning
  • simple wills
  • complex wills
  • revocable trusts
  • irrevocable trusts
  • asset spend-downs
  • family trusts
  • life estates in a home
  • durable power of attorney
  • reverse mortgages
  • nursing home planning
  • Medicaid planning
  • guardianships and conservatorships
  • Medicare planning
  • special needs trusts
  • health care directive
Can I prepare my own Last Will & Testament?

There are software programs and self-directed methods of creating a Last Will & Testament, but it is important to keep in mind that a Last Will & Testament is just one of many things to consider when planning your future. The attorneys of Oast & Taylor will evaluate your needs from a “big picture” perspective. Our comprehensive planning can not only help you to make the right choices in the preparation of your Will, but also other legal documents, planning for retirement and paying for the cost of long-term care, and how all of these areas are intertwined.

Additionally, as Elder and Disability law experts, the attorneys of Oast & Taylor can provide you with insight that self-directed methods are unable to provide. The staff and attorneys of Oast & Taylor can provide you and your family the ultimate level of security and peace of mind.

What is a Living Will and do I need one?

A Living Will, one component of an Advance Medical Directive (AMD), is a legal document that outlines your preferences for your care in the event of a life-threatening illness or injury. Using an Advance Medical Directive, you can also appoint an Agent to make medical decisions for you in the event that you are unable to do so. Everyone, regardless of age, needs to sign an Advance Medical Directive.

What is the difference between a Guardian and a Conservator?

A Guardian is a person appointed by a court to handle the personal affairs of an incapacitated person, including housing, health care and therapeutic care. A Conservator is appointed by a court to manage a person’s estate and handle general financial affairs during a period of incapacity. One person can be appointed as both the Guardian and Conservator of an individual, or these roles can be filled by two different persons.

Who should I choose to serve as my Executor, Trustee, or Agent?

The person you select for such very important times in your life or to follow through with your wishes after your death should be someone you trust completely. It should be someone with whom you feel comfortable discussing your wishes, will support your health care priorities, and will honor your wishes on your behalf at all times. The individual(s) who you appoint to serve in these roles should also have the necessary skills and experience to handle their responsibilities, and not be in position that results in a conflict of interest. They should be strong and supportive enough to face differing opinions of other friends, family and medical personnel. Oast & Taylor can work with you to discuss who will best fit these roles in a variety of life plans, ensuring that each member of the team is fully clear on his or her roles and duties at different times.

What are Medicare and Medicaid?

Medicare is a national social insurance program, administered by the U.S. federal government that guarantees access to health insurance for Americans ages 65 and older and younger people with disabilities as well as people with end stage renal disease. The Medicare Program provides a Medicare part A, which covers hospital bills, Medicare Part B, which covers medical insurance coverage, and Medicare Part D, which covers prescription drugs. Medicare Advantage plans, also known as Medicare Part C, are another way for beneficiaries to receive their Part A, B and D benefits.

Medicaid is the United States health program for certain people and families with low incomes and resources. It is a means-tested program that is jointly funded by the state and federal governments, and is managed by the states. Unlike the Medicare entitlement program, Medicaid is a means-tested, needs-based social welfare or social protection program rather than a social insurance program. Eligibility is determined largely by income. The main criterion for Medicaid eligibility is limited income and financial resources, a criterion which plays no role in determining Medicare coverage.

Oast & Taylor, as Elder Law specialists, are well-versed in all the laws, developments and changes that may affect your eligibility for these benefits. We can help assess your individual situation to maximize your benefits while minimizing financial burdens.

If I eventually need nursing home care, will my family lose everything?

The costs of long-term care in a nursing home are high, at almost $200 per day for a semi-private room and $225 per day for a private room in the Hampton Roads area. This is why it is important to be proactive when planning for long-term care. If you are in good health, consideration should be given to purchasing a long-term care insurance policy.

Oast & Taylor can review with you your options for paying for long-term care and help you with a comprehensive plan that will help you financially meet any future possibilities, easing stress and worry of loved ones when difficult decisions need to be made.

I recently became caretaker of my parent. What can I do to best adjust to this new role?

The role of caretaker can be a particularly stressful time. Just as you must assume more duties and make decisions, you may find your parent or family member is equally uneasy about the changes that come with aging. Maintaining open communication is key. Finding resources that help both you and your loved one will be reassuring and positive to all involved. Oast & Taylor can meet with you and your family member to discuss some of the resources and complete comprehensive planning that can make transitions and changes more efficient and comfortable.

These are just a few of the most commonly asked questions about Elder Law issues. If you have questions that are more specific than those you see here, please click here to submit an online request and we will be happy to review them with you.