About Elder Law
Elder Law is a unique area of law that involves representing, involving and assisting both seniors and their families with planning for developing issues and promoting a high quality of life for our clients and their families.
We Consider Your Situation
We approach each client’s situation by taking legal, medical, financial, social, and family issues into consideration. Tools that we bring to bear are
- Asset and income planning for both spouses
- Estate Planning, including Wills, Durable Powers of Attorney (and sometimes Trusts)
- Advance Care Planning, including Advance Directives
- Medicaid Planning
- Other Entitlement Programs (such as Veterans’ Benefits)
- Retirement Benefits
- Long-Term Care Insurance
Helping You With Matters Affecting Your Well-Being
“Elder Law” is a legal practice area focused on providing diverse professional services addressing the opportunities and needs of an aging population.
We respectfully address the needs of older clients to ensure your autonomy, safety, and well-being. This is a practice area that encompasses a wide range of emotional, practical, and legal considerations addressing your own, your family’s and your care givers’ unique situations. We employ a comprehensive holistic approach to in addressing your concerns by focusing on anticipating potential problems and needs and not one particular area of law.
Margaret Badura & Dan Wintz follow the admonition contained in the Comments to Nebraska Rule of Professional Conduct 1.14,
"The normal client-lawyer relationship is based on the assumption that the client, when properly advised and assisted, is capable of making decisions about important matters. . . [even a] client with diminished capacity often has the ability to understand, deliberate upon, and reach conclusions about matters affecting the client's own well-being."
Protecting Your Independence
Margaret Badura & Dan Wintz Law engages with you, your spouse and your family in one-on-one discussions.
We recognize that statutory mechanisms exist to address emergency situations and other situations where proper planning has not been done or there are abuses of family or care giver relationships. But as the Nebraska legislature has said,
“[M]echanisms for intervening in the lives of certain persons who are impaired by reason of disability [are to be used sparingly]. It is the intent of the Legislature to authorize the use of guardianships and conservatorships for such intervention. It is also the intent of the Legislature to encourage the least restrictive alternative possible on the impaired person's exercise of personal and civil rights consistent with the impaired person's need for services by encouraging judges to utilize limited guardianships if appropriate.”
We Consult With You On:
- Long-Term Care Insurance;
- Desired living arrangements;
- Medicaid planning;
- Veterans benefits;
- Social Security;
- Identifying and empowering appropriate assistants and decision makers through Powers of Attorney;
- Financial management;
- Final arrangements;
- Guardianship and Conservatorship;
- Prevention of and response to elder financial abuse; and
- Available resources such as Alzheimer’s Association, Center for Medicare Advocacy, National Center on Elder Abuse, and U.S. and state government agencies