Mobile Alabama Elder Law Attorney
Taking
care.
At Gulf Coast Elder Law, located in Mobile, Alabama, we focus on you and your family so you can take care of those you love. Stephanie L. Booth helps her clients navigate estate planning, special needs planning, long-term care planning, and Social Security Disability.
Taking care of those you love is your top priority.
So, we made it
ours too.
How We Help
Elder Law
Elder law is a broad area of the law and refers to legal issues facing the demographic we serve – the elderly and disabled.
Elder law tools include estate planning devices like wills and trusts, powers of attorney, and advance directives. Elder law involves candid advice about the potential financial impact of long-term care or disqualification from public benefits like Supplemental Security Income or Medicaid. In extreme cases, it can involve guardianship or conservatorship to ensure an elder or family member with disabilities is protected from abuse, neglect, or undue influence.
Talk to an experienced elder law attorney at Gulf Coast Elder Law today.
Special Needs Trust
A special needs trust, sometimes referred to as a supplemental needs trust, is similar to other trusts in that it is a written agreement between the Settlor (person creating the trust) and a Trustee (person or entity managing the trust) to manage assets for the benefit of another person (a beneficiary).
These trusts require particular provisions to protect public benefits like Supplemental Security Income and Medicaid (i.e., means-tested government benefits) for individuals who may need life-long financial support. In the estate planning context, supplemental needs trusts are an alternative to the “old way” of disinheriting a loved one with disabilities or leaving their share of the inheritance to a sibling for “safekeeping."
A special needs trust (or a pooled trust account) may also be appropriate for elders considering Medicaid eligibility. Consulting an experienced special needs trust attorney at Gulf Coast Elder Law can clarify options available for your loved one.
Social Security Disability
Social Security disability benefits may be available to qualified adult individuals who can’t work because they have a severe mental or physical impairment that’s expected to last at least one year or result in death.
A child under 18 may also qualify for Social Security disability benefits if he or she has a marked and severe functional limitation.
Call us to find out how a Social Security disability attorney can help with your disability claim.
Estate Planning
Estate planning isn’t just for those with sizable estates.
Everyone should have a plan. Planning starts with identifying trusted individuals who can assist during your lifetime should you become incapacitated and to ensure your plans are carried out after your death.
An experienced estate planning lawyer will seek out what is important to you, educate themselves about your assets, and discuss planning options that resolve your concerns.
Meet
Stephanie L. Booth
Stephanie L. Booth is the principal attorney at Gulf Coast Elder Law, LLC, where her practice is focused on seniors, persons with disabilities, and their families.
Stephanie combines her knowledge of estate planning, Social Security regulations, Medicaid law, and Veteran’s benefits law to better serve her clients. She advises clients on the importance of planning ahead, and the value of special needs trusts, assists with guardianships and conservatorships, provides guidance through Medicaid qualification as well as represents claimants seeking Social Security Disability benefits.
Professional associations include the Elder Law Section of the Alabama Star Bar, National Organization of Social Security Claimants’ Representatives, and the National Academy of Elder Law Attorneys. Having practiced in Alabama since 2008, she is admitted in all Alabama state courts, the U.S. District Court for the Southern District of Alabama, and is an Accredited Attorney for the preparation, presentation, and prosecution of claims for Veterans’ benefits before the Department of Veterans Affairs (VA). Stephanie served as the 2018 Chair of the Probate Section of the Mobile Bar Association.
Frequently Asked Questions
Do you have questions regarding elder law, estate planning, special needs trusts, or Social Security Disability?
We have answered some of the most frequently asked questions we hear from our clients to assist you in making decisions for you and your family.
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Is elder law the same as estate planning?Estate planning is a component of elder law. Estate planning focuses on how one’s property is distributed or divided upon their death through the use of a will or trust. Elder law is much broader and includes planning for one’s well-being and support at the later stage of life. It can also include elder care resources for family members and guidance through public benefits qualification.
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When should I start estate planning?Estate plans include making informed decisions about your health and well-being as well as planning for your assets after death.Legal documents used in your estate plan can only be signed while you are mentally competent to do so.If a major health event happens, then you may lack the mental capacity to sign the necessary documents. Therefore, it is almost never too early to engage in estate planning.
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What can special needs trust pay for?Generally, distributions from a special needs trust should supplement public benefits. Depending on the language in the trust, it may allow the trustee the broad discretion to pay for things on behalf of a beneficiary that enrich the life of the beneficiary. “Special needs” are dependent on what the beneficiary actually needs and what is not being provided by public benefits like Supplemental Security Income (SSI) and Medicaid. The goal of a special needs trust is to provide for a beneficiary without causing a reduction or elimination of benefits. The trustee must have a knowledge of public benefits law and I how a particular distribution will affect the beneficiary’s particular public benefits. Distributions directly to the beneficiary can eliminate public benefits. A special needs trust should always be administered with the assistance of a professional familiar with the rules governing these trusts and public benefits law. Presently, examples of things that can usually be purchased on behalf of a beneficiary receiving SSI (without impacting benefits) include, but are not limited to, a phone, cable, internet, vehicle insurance, vehicle maintenance, gas for vehicles, certain pre-paid funeral or burial expenses, tuition, books, tutoring, household furniture and furnishings, televisions, computers, electronics, legal fees, and some other administrative fees. A special needs trust may allow a trustee to make distributions for other things, but the trustee must work with a professional to determine the needs of the beneficiary, impact on public benefits, and state and federal law regarding disbursements for special needs trusts. These rules may vary by state.
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What does Social Security disability pay?The amount of Social Security disability benefit depends on many factors and the type of claim available to you. The amount for those who have worked enough and paid enough taxes into the system to be considered “insured” by Social Security will be based on their Social Security record.Other dependent family members may also be entitled to file a claim on another’s work record.Other types of Social Security benefits have nothing to do with having paid taxes, but is based on the individual having very limited income and resources and may be affected by your family circumstance and household.
Contact Us Today
Attorney Stephanie L Booth serves elder, estate, and special needs planning clients primarily in Mobile and Baldwin County (available Alabama statewide remotely). Social Security disability assistance is available for areas assigned to Mobile’s Social Security hearing office. These include all counties assigned to the following Social Security Field Offices, including the counties of Mobile, Baldwin, Covington, Houston, and Clarke in Alabama and Florida counties of Okaloosa and Escambia.