Areas of Practice
Peggy A. Pratscher carefully analyzes the individualized needs and objectives for each client to provide legal guidance. She is well versed in the changing needs for aging and disabled persons encompassing legal, estate and long term care planning. Planning for long term care may include different types of services that may include creation of durable legal instruments such as power of attorney, wills or trusts, and living wills; guardianships; and Medicaid eligibility and application processes.
Peggy assists clients to create plans that promote quality health care, preserve independence and dignity, legally protect valuable assets and foster successful qualification for Medicaid if and when the need arises.
Peggy Pratscher offers services in the following areas:
Planning for long term care can be a complicated undertaking. In some instances, long term care insurance, reverse mortgages or home equity lines of credits along with personal funds can provide the necessary funds for assisted living or nursing home long term care on a short term basis. However, it may at some time be necessary to obtain Medicaid funding to take over when the funds begin to dwindle or to preserve non-exempt assets legally.
- Assess Financial & Health Needs
- Rules of Medicaid & Apply to Client Situation
- Assist with Medicaid Applications
- Assist with Long Term Care Options
- Assist with Life Care Planning
Special needs planning involves specialized knowledge to work with and ensure that disabled persons who have special needs are provided for. Peggy is knowledgeable and experienced in how to maintain continued eligibility for Medicaid and disability benefits while allowing supplements to be received from special needs trusts.
- Trusts for Dependent Children
- Trust for Adults, over or under age 6
- Trusts with or without Medicaid paybacks
- Pooled versus unpooled trusts
- Trusts with corporate trustees versus individual trustees
Some special exempt trusts are possible for adult disabled clients who must apply to Medicaid. They must be drafted to follow the specific rules for Medicaid and they may require reimbursement to Medicaid upon the death of the recipient. In addition, the age of the recipient and the source of the funds will help to determine the issue of reimbursement and whether the trust can be individually managed or must have a corporate trustee or placed in a pooled fund.
When guardianship is necessary and indicated, Peggy A. Pratscher can assist with all court filings and legal proceedings. In the Illinois Probate Act governing Guardians for Disabled Adults, the Act provides for the adjudication (determination) of disability, the appointment of a guardian of the person and/or estate, and court oversight of asset management and personal decisions.
- Determine need for guardianship
- Determine if it is or is likely to become contested
- Determine type of guardianship
- Determine scope of guardianship
- Appear in court on behalf of client
Peggy Pratscher is knowledgeable and experienced in Probate administration and assisting Executors/ Administrators to undertake and administer their duties and responsibilities. She is regularly prepares the necessary documents and provides representation in court on behalf of the executor to assist with the timely and efficient management and distribution of the estates.
- Determine if a Probate estate needs to be opened
- Determine the timing of opening an estate
- Determine if an alternative to Probate is allowable
- Prepare the proper court documents
- Appear in court on behalf of client
Every adult should have a Will or some written means of transferring their property according to their wishes after death (called a “testate estate” and the person creating the Will is called the “testator”). Wills pass property that is not otherwise transferrable by beneficiary designations, through Probate Court, which is an orderly process for distribution of estate assets. Each Will should be carefully crafted according to what each client wants and according to the laws governing transfers of wealth. Even people who think they do not have much, should have a Will to make their wishes known.
- Trusts, Children’s Trusts, Land Trusts
- Power of Attorney for Property, Healthcare, Mental Health
- Living Will
- Tax Planning
- Integration with Special Needs Trusts
Peggy provides residential real estate closings, primarily for her elderly clients that are moving from home to a long term care facility or in relation to the probate and guardianship estates she is handling for clients.
- Residential real estate closings