Elder Law

As loved ones age, the task of planning for their future care can be overwhelming. Elder law focuses on the financial, legal, and health care needs of individuals aged 65 and older. As elder law advocates, our attorneys are committed to providing solutions to the needs and concerns of clients in this group and their families. Preserving a lifetime of savings and protecting one’s dignity requires a solid understanding of complex state and federal laws and the practices of Medicaid workers in individual counties.

Through active memberships in the Elder Law Section of the State Bar of Wisconsin and the National Academy of Elder Law Attorneys, our attorneys stay informed on the latest issues affecting their clients.  One of our attorneys is accredited by the Veterans Administration and is able to represent veterans with the preparation, presentation, and prosecution of claims before the Administration.

Relationships between elder law attorneys and their clients are very personal. Therefore, we offer clients a single point of contact for all their elder law needs. Our services include:

  • Nursing home and medical assistance planning
  • Asset protection
  • Gifting and divestment planning
  • Medicare and Medicaid benefits
  • Social Security benefits
  • Insurance analysis (including long-term care insurance)
  • Residential housing and other living options
  • Planning for individuals with special needs
  • Tax planning
  • Durable powers of attorney for property and finances
  • Health care powers of attorney
  • Wills
  • Trusts
  • Marital property agreements
  • Real estate
  • Guardianship
  • Conservatorship
  • Veterans’ benefits

Ruder Ware publishes an electronic newsletter titled Elder Law Advisor addressing current elder law issues written by attorneys who regularly provide counsel in this changing area of law.

Founded in 1920, Ruder Ware provides business, employment, estate planning, and litigation services through its offices in Wausau, Eau Claire, and Green Bay, Wisconsin.  A full-service law firm, over 40 attorneys provide clients with a one-stop approach to their legal needs. Ruder Ware, Business Attorneys for Business Success.

Don’t Let the Fear of Losing Your Home to Medicaid Contribute to Elder Abuse

Posted on July 1, 2020 by , and

As we reflect on the close of World Elder Abuse Awareness Month, we wanted to share some information on this important issue. The Centers for Disease Control and Prevention defines elder abuse as an intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that […]

IRS Provides More Retirement Plan and IRA Relief

Posted on June 24, 2020 by

Yesterday, the IRS issued additional guidance regarding two hot topics over the last six months: the waiver of the 2020 required minimum distributions (RMDs) from retirement plans and IRAs, and the change in the required beginning date for RMDs from age 70 ½ to age 72. Extension and Expansion of 60-Day Rollover for 2020 RMDs […]

5 Ways the Coronavirus May Impact Long-Term Care Insurance

Posted on June 22, 2020 by , and

In Wisconsin, we are soon to reach 25,000 positive COVID-19 test results, over 3,200 hospitalizations, and close to 750 deaths attributed to COVID-19, the disease caused by the coronavirus. It is being recognized that the coronavirus pandemic has had a devastating impact on the elderly, particularly those in nursing homes and other long-term care facilities. […]

Monthly Spousal Income Allowance Increased

Posted on June 8, 2020 by , and

The Wisconsin Department of Health Services recently announced the “minimum monthly maintenance needs allowance” (“MMMNA”) has been increased from $2,818.34 to $2,873.34 starting July 1, 2020.  As part of laws designed to prevent spousal impoverishment due to the high cost of long-term care, the “community spouse” (who is the spouse of an individual receiving long-term […]

Can The Nursing Home Take My Stimulus Check?

Posted on May 29, 2020 by , and

As we are coming to the end of Elder Law Month (as named by the National Academy of Elder Law Attorneys), one of our many roles as elder law attorneys is to keep you apprised of important topics in the world of elder law. As such, we wanted to reach out to you to draw […]

IRS Provides Information on Where to Send Deceased Individual’s Stimulus Check

Posted on May 7, 2020 by

On the same day we published the article My Deceased Family Member Received a COVID-19 Stimulus Check, Now What? the IRS provided guidance on how to return stimulus payments that were made under the CARES Act to deceased individuals. If your deceased family member or relative received a paper check by mail, you should follow these […]

My Deceased Family Member Received a COVID-19 Stimulus Check, Now What?

Posted on May 6, 2020 by

There has been significant publicity surrounding the issue of deceased individuals receiving stimulus checks under the CARES Act.  It is far more common than you may think, simply because of the speed in which our government operated to send out the payments.  The stimulus checks were issued to individuals that met certain income requirements and […]

You Have Been Named as an Agent Under a Wisconsin Power of Attorney: Now What?

Posted on April 29, 2020 by and

Maybe you were informed ahead of time or maybe you found out when you were first called upon to act.  In any event, someone (a parent, a sibling, a friend, a neighbor) named you as their agent or attorney-in-fact under a Wisconsin power of attorney for finances.[1]  Now what?[2] What Are Your Rights and Responsibilities?  […]

IRS Extends 60-Day Rollover Deadline

Posted on April 17, 2020 by

In our recent blog post, The Early Bird RMD Doesn’t Get the Tax Relief Worm, we provided guidance regarding the suspension of required minimum distributions (RMDs) under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”).  We advised that if you already took your RMD for 2020, the CARES Act may allow you […]

Will the Stimulus Check Impact my Medical Assistance?

Posted on April 16, 2020 by

As the IRS begins to send out payments under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, recipients of Medical Assistance for long-term care (i.e., Medicaid or Family Care) are wondering how this payment may affect their benefits. In other words, will the payment be considered either income or an asset that causes issues […]

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