Seniors can find themselves facing a number of challenging legal issues as they age. Whether they need help with estate planning, a will, or Medicaid and Medicare qualifications, our San Antonio elder law attorney is ready to help. Our team can also help the family of a senior loved one who is facing other serious problems, including nursing home abuse and financial fraud.
Count on the Amsberry Law Firm to deliver the legal representation seniors need to keep their lives moving forward. Our team goes the distance for you and we do not back down when representing clients who are facing especially tough circumstances. We take pride in helping our clients secure their future. We want to let our clients continue living their lives safely and as worry-free as possible.
How Our Elder Law Lawyer Can Help You Set Up Your Future
Attorney Russell Amsberry has extensive experience in all aspects of elder law, including estate planning. He has been serving clients for more than two-and-a-half decades. During that time, he and the entire team represented senior clients and their families in a wide range of legal areas, such as:
- Planning for retirement
- Setting up estate administration
- Setting up estate planning
- Creating wills and trusts
- Creating durable powers of attorney
- Creating medical care directives
- Creating long-term care plans
- Making potential end-of-life decisions.
Our Elder Law Lawyer Treats Your Planning Process with the Respect It Deserves
We know how difficult it can be to face some of the challenges of being a senior. Having discussions about end-of-life matters and preparing your estate for a time when you are no longer with your family can be uncomfortable. Some families choose to ignore having these discussions until it is too late. By failing to handle these items in a timely manner, you may lose the ability to make these decisions for yourself. Others may make a choice about your estate’s future that you would not make on your own.
When it is time to discuss the future, you can be certain we will help you do so in a compassionate manner. Our elder law lawyer delivers legal services for seniors in San Antonio in a respectful manner. We have the experience to help you face these challenges in a way that will make sense. We know how to introduce these topics without generating additional stress. By facing these issues head-on, rather than ignoring them and hoping they’ll resolve on their own, you can gain confidence about your future and your family’s future. We hope to eliminate your worries about what may happen down the road. Our team will fully explain everything you need to know, helping you and your family understand all your options.
Trust Our San Antonio Elder Law Lawyer for Legal Matters
Should you be facing a legal situation as a senior related to some form of abuse, our San Antonio elder law attorney is ready to defend your rights. We take pride in guarding seniors from dangerous and unfair treatment at the hands of those who should be caring for them. These cases could include seniors suffering physical abuse at the hands of staff at a nursing home. They could involve medical malpractice cases, where a doctor or nurse does not treat you properly, causing a worsening of your illness. Should someone helping with your estate commit fraud, stealing money from you, our elder law lawyer is ready to help.
We will defend your rights to receive compensation for your financial losses, injuries, pain, and suffering in a personal injury lawsuit, if that is the avenue you want to pursue. We offer a wide range of lawyer services for seniors who are facing negligence or abuse.
In Our Client’s Words
Learn How Our Elder Lawyer Handled a Difficult Case
“A knowledgeable Elder Law attorney will be well-versed in the concerns that affect the elderly. Furthermore, because these matters usually include end-of-life care and treatment, an Amsberry Law Firm will be familiar with the level of compassion, patience, and care required in these situations. It’s crucial to have the right lawyer on your side while making this decision. As a result, I recommend Russell Amsberry, either directly or based on my knowledge.” – Sam M (Google Review)
Contact our San Antonio elder law attorney today at (210) 354-2244 for a review of your case.
Services Our San Antonio Elder Law Attorney Provides
We deliver a wide range of legal services for seniors, using our experience to work toward the best possible outcome.
Estate Planning
Allow our attorneys for seniors to protect the estate you spent a lifetime building. When you have specific ideas about how you would like to distribute your estate after your passing, count on our estate planning lawyer to listen to your concerns. We then will draw up legal documents that deliver the results you want. Some of the documents we can create as part of the estate planning process include:
- Wills
- Trusts
- Administration of estate
- Power of attorney
- Release of HIPAA information
- Advanced medical directives
Financial Fraud
Seniors sometimes must rely on family members or other people to manage an estate for them. They trust that the people tasked with protecting their best interests will be truthful and honest. Unfortunately, some people take advantage of the situation and steal money from the estate. You can count on our legal team to take this type of fraud seriously. We will fight hard to recover any losses due to fraud, returning your estate to the value it should have.
Nursing Home Abuse
When a family entrusts the health of a parent or grandparent to the care of a nursing home, the family expects proper and safe treatment. When someone at the nursing home fails to adhere to the Texas Health and Safety Code regarding the performance of nursing home facilities, your loved one may suffer injuries. You then have the right to seek a financial judgment against the nursing home, and our elder law attorney has the experience you need and will help you file the personal injury lawsuit.
Grandparents’ Rights
According to the attorney general of Texas, grandparents do have some legal rights to be able to see grandchildren in circumstances like divorce or estrangement. The grandparents may even be able to receive legal custody of the grandchildren. However, the specific rights for the grandparents will depend upon the particular circumstances in the case. Hire our team when you’re facing a legal case regarding your grandchildren. We will tirelessly study the facts in your case to determine the best way forward.
Guardianship
When an elderly family member is suffering from disease or injury, the remainder of the family may need to pursue a guardianship situation. The court-appointed guardian will take over the day-to-day managing of the elder’s life and estate while he or she remains incapacitated. In a case like this, the court establishes a relationship between the elder who needs help and the guardian who will be helping. By hiring our elder law lawyer, we can ensure that you follow the rules for establishing guardianship from Texas Health and Human Services. Following all legal rules for establishing guardianship will ensure protection of the elder’s assets and estate.
Other Lawyer Services for Seniors in Texas That We Provide
Our elder law team can perform a number of other legal services on behalf of the senior and his or her family. We can help with planning for Medicaid and Medicare requirements, attempting to help you receive any benefits you deserve. We may recommend deploying Qualified Income Trusts, for example. Contact us about any elder law situation you are facing.
Frequent Questions for Our San Antonio Elder Law Attorney
When we meet with our clients about elder law and similar legal issues affecting seniors, we often hear certain questions repeatedly. Rest assured that once you choose to hire us, we will always be available to answer your questions. For answers to some preliminary questions you may have, however, look through our elder law FAQ.
Do I have to hire a lawyer who specializes in elder law?
At the Amsberry Law Firm, we have specific experience with elder law. This gives us an advantage over general practice attorneys in these types of cases. Some of the issues that seniors and their families face are far different from other types of legal issues. Even someone who specializes in general estate planning may not have the experience required to deal with specific issues found with estate planning for seniors. For example, seniors looking to create an estate plan must take Medicaid coverage, Medicare coverage, and long-term care needs into account. Our elder law lawyer can handle all these situations and more.
Am I too young to need an elder law attorney?
Generally, we recommend starting the estate planning process by at least age 60. However, some people need to begin the process much earlier. People who are facing a long-term health problem may want to set up an estate plan to take care of children and family members, for example. Some of our services will work for clients in their 30s.
Can your elder law team help with avoiding estate taxes?
The state of Texas does not have an estate tax, death tax, or inheritance tax, so your only concern is any federal estate tax. At the federal level, the value of an estate that receives exemption from the federal estate tax currently sits at more than $11 million per person. However, this amount can change from time to time. We can help you determine the best way to move forward with your estate when considering current and future estate tax laws.
Do I need a durable power of attorney?
Should you suddenly lose your ability to take care of yourself or to make decisions on your own behalf, having a durable power of attorney signed and in hand gives you a certain level of protection. The power of attorney document spells out how someone else (a guardian) can begin acting on your behalf, as if that person was you. With a durable power of attorney, the document does not become active until you choose to activate it or until a court declares you incapacitated. By having this document prepared and ready to go before you need it, you can make decisions on how someone can help manage your life when you lose this ability. This is preferrable to allowing someone else to make random decisions regarding guardianship for you after you become incapacitated. Our team understands the legal services seniors need and will discuss what documents can best prepare you and your family for the unexpected.
How much does it cost to hire our elder lawyer?
The fees we charge really depend on the types of services we will be providing for you and your family. In cases like nursing home abuse, where we may be filing a personal injury lawsuit on your behalf, our fee may involve a percentage of the final settlement amount in the case. We can discuss our fees during our initial consultation with you.
We Provide All Legal Services for Seniors in San Antonio
The team at the Amsberry Law Firm fully understands the challenges involved in legal issues that seniors face. After a lifetime of caring for your family and building an estate, you simply want to be able to enjoy your life as you transition into retirement and beyond. This becomes a far easier process when you know that your desires and plans for your estate and for your family are set up the way you want them to be. Our San Antonio elder law attorney will walk you through all aspects of setting up your estate and life for your retirement years.
The Amsberry Law Firm Takes the Time to Learn About You
By counting on our team, you can rest assured that we will handle every step. We will not miss any topic that is important to you. We tailor our representation to meet the precise needs of our clients. This is why it’s so important for us to meet with you and discuss your life and estate. With a full understanding of your life, we are able to provide personalized legal care. Firms that attempt to create wills, trusts, and estate plans after having you fill out an online form are not taking all your personal needs into account. We know how important it is to spend the time to learn about you and your family.
Call our San Antonio elder law lawyer at (210) 354-2244 today for a consultation. Our team provides service throughout the San Antonio area and its surrounding counties.
Attorney Russell J.G. Amsberry
Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]