William Brown is accredited to prepare, present and prosecute claims for veteran’s benefits
On January 14, 2011, William Brown received his accreditation from the U.S. Department of Veterans Affairs, Office of General Counsel in Washington, D.C. He has the ability to prepare, present and prosecute claims for veteran’s benefits before the Department of Veteran’s Affairs.
William Brown can help you receive Aid and Attendance pension
William also works with Minnesota financial planners and counselors to enroll veterans and/or their spouses in the Aid and Attendance pension program. The American Association for Wartime Veterans (AAWV) provides essential information on the program. If you are a veteran with one dependent you could be eligible to receive $23,388 annually.
William Brown preserves assets while applying for the pension
Most of the people WL Brown Law Office helps are World War II veterans, who preserve their assets while applying for the pension. To get a better understanding of the war, William and his wife visited Pearl Harbor in Oahu, Hawaii in January 2012. He visited the U.S.S. Bowfin — a Balao-class submarine commissioned on May 1, 1943 and used in the Pacific.
Our veterans defended our country & we defend your pension
William and his wife also visited the U.S.S. Arizona Memorial. The memorial is a floating monument to the men that lost their lives on December 7, 1941. He also toured the battleship, U.S.S. Missouri which was commissioned in 1944 and last saw action in Operation Desert Storm. William and his wife stood on the spot where the Empire of Japan surrendered to the allies on September 2, 1945.
William Brown wants to answer your Veterans Benefit questions
The pension may be available to the men, women and spouses of Pearl Harbor, WWII and subsequent United States wars. Please contact WL Brown Law Office to help you understand this veteran benefit pension.
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Answer Your Veterans Benefit Question: 612-309-9184
1380 Viewcrest Road Shoreview, MN, 55126 USA
wlb@wl-brownlaw.com • 612-309-9184
Who Is a Vulnerable Adult?
Any person 18 years or older who is a:
- Resident or inpatient of a licensed facility.
- Recipient of care from a licensed adult day care or services program.
- Recipient of services from a licensed home care provider.
- Recipient of personal care assistant services under the Medical Assistance program.
- Any person 18 years of age or older who, regardless of residence or whether any type of service is received, possesses a physical, mental, or emotional impairment which limits that person’s ability to provide adequately for his or her own care without help.
AND, who has an impaired ability to protect himself or herself from harm.
Those who cannot take care of themselves are at risk. Unfortunately, our opportunitistic world includes those who will prey on them. The Vulnerable Adult Justice Project is our effort to protect those who can’t provide adequate care for themselves. Join us, won’t you?
How can you help? Please, read our pamphlet, WL Brown Law Office Is A Key Player In The Vulnerable Adult Justice Project, to learn more. Call WL Brown Law Office with your questions. We are in business to help you make the right decisions.
William Brown is active in our community providing the information you need to know in planning for the future. Late summer 2010, he lectured on estate planning concepts through Marketing B.O.N.U.S. Understanding Medical Assistance planning as it relates to estate planning is a vital tool in the state of Minnesota.
This talk was attended by two Vikings players, including Fred Evans. Also in attendance was a financial planner and several hospital representatives. Marketing B.O.N.U.S. was a great way for attendees to get business marketing support and the resources to effectively run a business.
Contact William Brown to discuss opportunities for him to come and speak with your organization. What do you want to learn about successfully planning for your retirement? What do you need to know about retirement years for your elderly family and friends?
As our elderly population grows and grows, we are beginning to face many problems we didn’t always recognize. From funding Social Security and Medicare on the national level to finding facilities capable of caring for all of our venerable seniors on the local level, the magnitude of the problems deserve our careful attention. As we ourselves age and plan for those happy days of retirement, we deserve to know that our future is secure. Today’s seniors deserve security and respect, although that isn’t always what they experience. Safeguarding vulnerable adults and their rights is a growing task.
Crimes Against Vulnerable Adults Cannot Be Tolerated
Among the more reprehensible of elderly problems is elder abuse. As much as we might like to believe otherwise, as we grow older we all become vulnerable adults. Believe it or not, there are those out there who are looking to take advantage of others. Vulnerable adults are easy targets. Whether it’s theft of money and property, psychological harassment or overwhelming stress response on the part of a family caregiver, elder abuse is pernicious and must be prosecuted.
Vulnerable Adults You Know Can Be Victims
Who are the victims of elder abuse? They are our parents and grandparents. They are ourselves in the not too distant future. We work so hard and so long to build our lives, raise our families and retire in dignity. There are so many challenges we face in life; but, time does not make change easy to accept and understand. Even without diminished capacity, today’s world can be baffling and full of bewilderment to our elderly.
Protection Of Vulnerable Adults Can Be Complicated
Some people are predators and are always looking for easy marks, seeking to victimize weaker individuals for greed or emotional problems. Clearly, they must be punished and the weak defended. Sometimes, however, things are not always what they seem. Some truly vulnerable adults have diminished capacity to fully understand the world around them. Accidents happen and concerned neighbors might worry that it was not really an accident.
Some Are Falsely Accused Of Vulnerable Adults Abuse
What are you going to do if you are falsely accused? Have you ever been investigated for wrong doing by a government agency? It can be terrifying to get a letter from Adult Protection requiring you to report at a specific time and place for investigation for financial exploitation, neglect or abuse of a vulnerable adult. Minnesota’s Vulnerable Adults Act leads the nation in many respects and it’s changing and broadening to place responsibilities on and severe penalties against caregivers. Are you a care giver that is facing an administrative hearing and in jeopardy of losing your license for the same reasons?
Vulnerable Adults Policy Cuts Both Ways
We support vulnerable adults policy and the laws which protect seniors and vulnerable adults. We also believe that nurses, doctors, family members and other care givers need legal representation if they are under investigation for offenses against vulnerable adults. While a St. Paul prosecutor I prosecuted crimes against vulnerable adults. Today, I sit on the Vulnerable Adult Justice Project committee at William Mitchell College of Law and lecture on the Vulnerable Adult law to caregivers at health care facilities in the Twin Cities. If you are under investigation for neglect, abuse or financial exploitation, you need to understand the law.
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Answer Your Vulnerable Adults Question: 612-309-9184
Upon becoming an elder law attorney, I approached my mother and asked her if she had a will. My mother is a hard-working, black woman from Alabama. She answered, “What do I need a will for? I don’t have much.” I shook my head and reminded her of what happened when her mother passed. She remembered the sibling scramble and squabble over my grandmother’s heirlooms and remarked, “Well, I’ll get to it sometime.”
Is Creating A Will A Bother?
Sadly, my mother’s reaction is far too common. Many people don’t create a will, because they think they don’t have enough to leave behind. Why go to all that trouble if you’re not rich? Too many people of color fail to use estate planning tools to keep their hard earned wealth within their family. It is exactly these legal tools that you should use to pass what you have accumulated to future generations.
Creating A Will Simplifies The After Life
She asked, “Why do I need a will?” I decided to use this opportunity to discuss the importance of a will. A will is important for several reasons — one of them being that you can control how your assets will be disposed. If you die without a will, the state of Minnesota has intestacy laws that will dispose of your property, regardless of your intentions. When the state decides how to distribute assets, probate and administration costs can consume far more of your estate than having your will distribute assets. With a will, you can designate a personal representative who will represent your wishes and execute your will. A will simplifies estate administration and reduces post-death costs, which means more is likely to stay in the family.
Creating A Will Can Be Simple
Mother looked more intrigued as I spoke. She got off the couch and showed me her special gold bangles that I remembered from childhood. She told me to make sure her grand daughter, my daughter, got them after she died. “Is creating a will complicated?” I assured her that creating a basic will is not at all complicated. Creating a basic will can be as simple as:
- Identify yourself as Testator
- Appoint a personal representative with powers to execute the will
- Create instructions for payment of debts, taxes and expenses
- Create specific bequests to beneficiaries
- Create a residuary clause disposing of all other property
- Create a general governing provision including definitions, protective provisions and a tax allocation clause.
Is Creating A Will Revokable?
She then asked, “What if I create a will, but later I want to change it?” I replied, “You can revoke it or change it at any time.” “How?” There are three ways to revoke a will:
- Physically destroy the will (with the intent to destroy it)
- Write a document to revoke the will
- By changed circumstance (for example, divorce)
Alternatives To Creating A Will
My mother then stated that she might not need a will because she has various accounts that have named beneficiaries. I agreed. There is no legal obligation to create a will. I said, “Mom, if you die without a will, Minnesota has one created for you.” There are will “substitutes” that dispose of certain property and assets in particular ways without a will. I gave her four examples of how assets and property can pass to another person without a will:
- Intestacy laws in Minnesota will dispose of your assets by dividing the estate in probate proceedings.
- When people have joint ownership with right of survivorship — for example, when one spouse dies the house goes to the survivor.
- Pay on death (P.O.D.) accounts with beneficiary designations can pass to beneficiaries without a will.
- Revocable living trusts can avoid a lengthy probate process but don’t avoid federal or state taxes.
Does Creating A Will Bring Death Sooner?
She told me that all the talk about a will made her feel as if death was right around the corner. I told her that many of my clients have this unsubstantiated fear. “Mom, creating a will is not planning for your death. A will is only one tool that you can use to control how your property and assets are disposed after your death.” Wills, trusts and estate plans are methods available for people to have control of their assets and give to the next generation. This should bring peace of mind, rather than worrying about death. Putting a reasonable plan in place now gives you a voice whenever death comes. It allows you to enjoy the fruits of your labors today. People of color should use these tools to preserve the wealth that we are creating. All too often we do not.
Creating A Will Brings Peace Of Mind
I created a will for Mom and it was a simple process. She is now comfortable that she has decided who will get her things and that there will be no squabbling. Creating a will eliminated one more worry from her esteemed life. Her family is comfortable knowing that Mom has her house in order. My mother has a plan. How will you distribute your assets?
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Answer Your Creating A Will Question: 612-309-9184
In Minnesota, the Health Care Directive has simplified complications involved in legacy powers of attorney. It allows you to appoint another person, your agent, to make health care decisions for you if you become unable to do so. You give written instructions about what you want done under which conditions and your agent implements them as required. Health Care Directives simplify the process of fulfilling your wishes even when you are not able to decide at that time for yourself.
Clarify Your Wishes With A Health Care Directive
Can you imagine the peace of mind in your loved ones if you are suddenly struck down and facing complicated health care decisions, but your health care agent directed them with your written directives? Suppose, however, that your ex-wife wants to visit you and your agent favors your current wife and she doesn’t want to allow the visit. What happens if your agent simply dislikes somebody come to visit you? Just how far does the health care directive extend? What are the rights of the visitor?
Nursing Homes And The Health Care Directive
Residential rights in nursing homes are governed by the Title 42 of the Code of Federal Regulations (CFR) Section 483.10:
(j) Access and visitation rights.
(1) “The resident has the right and the facility must provide immediate access to any resident by the following: … subject to the resident’s right to deny or withdraw consent at any time, immediate family or other relatives of the resident; and … subject to reasonable restrictions and the resident’s right to deny or withdraw consent at any time, others who are visiting with the consent of the resident.”
Health Care Directive And The Health Care Agent
If you do not choose a health care agent, and you become too sick to make your own decisions, your doctors will ask your closest family members to make these decisions for you. This is why it is so important for you to name the person you want to be your agent. Your health care agent can:
- agree to
- say no to
- change
- stop
- choose
any of the following:
- doctors, nurses, social workers
- hospitals, clinics, care facilities
- medications, tests, treatments
- what happens to your body and organs after you die
Visitors And The Health Care Directive
What rights does the visitor have? The health care agent may know the rights or may not be clear on the limitations of your health care directive. Nevertheless, what if he still does not allow a visitor to enter? Most of us are not likely to know our visitor rights either. Clearly, an elderly visitor might not know or might be unable to remember their access and visitation rights.
The Health Care Directive Directs Health Care
The definitive recourse for the visitor is the health care directive itself. Health care directives allow agents to make health care decisions for the grantor. If a visit from an individual is not detrimental to the grantor, the agent must allow the visit to take place. The agent does not have the power to forbid visitation.
Hospital Visitation And The Health Care Directive
Rules for hospitals are governed by Title 42 CFR Sections 482 & 485. There are some recent changes in the federal rules regarding the rights of non-traditional family members visiting patients in hospitals. These rules require hospital policies to assure patients that they can be visited by the people to whom they are closest, even if there is no formally recognized relationship.
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Answer Your Health Care Directive Question: 612-309-9184
More Minnesotans will turn 65 this decade than in the previous four decades combined! Can you imagine that?
Osseo Welcomes Comfort Keepers!
Comfort Keepers is a company offering to do everyday chores for seniors. The doors opened on their newest facility today in Osseo on Central Avenue. They can help with housekeeping, cooking meals and managing medication. Just ask how they may be of assistance to you or your loved ones. Talk to Kelly Lindell, the owner of NW Twin Cities Metro Comfort Keepers.
With this explosive growth there are fewer places for the elderly to stay and fewer people to take care of them. Within blocks of this new location there are at least six senior living apartments.
Comfort Keepers Joins Our Community
I was privileged to attend the ribbon cutting this morning. Every day I hear amazing stories of how remarkable Americans are stepping up to the challenges of our growing elderly. It was truly an honor to stand among these seniors and the community that supports them.
You really ought to check out the Comfort Keepers nearest those you love. Our seniors have lived long and earned the right to healthy lives in the comfort of their own homes. We have a lot of work to do to help them. Today this community demonstrated its commitment to do just that.
Comfort Keepers Contributes To Elder Care
WL Brown Law Office is not just about lawyers. We are also proud to demonstrate our resolve to support our elder citizens. Every facet of elder care is our expertise, whether that be day to day chores or litigation. After all, I hope to be a senior myself one day.
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Answer Your Elder Care Question: 612-309-9184
Many seniors have questions regarding Medicaid, whether or not they are eligible for coverage and what that coverage entails. This overview provides background information and answers Medicaid related questions. Medicaid is a medical care program between the federal government and states that provides medical care for eligible individuals who are aged, blind or disabled. States participating in the Medicaid program must comply with all federal statutory requirements in order to qualify for federal money. States must also develop a plan that includes reasonable standards for determining eligibility.
Medical Assistance Is Minnesota’s Medicaid Program
Every state has its own Medicaid program and may differ considerably. Minnesota calls its Medicaid program Medical Assistance. Medical Assistance provides health care coverage for financially eligible Minnesota residents who meet one or more of the following criteria:
- Under 21 years old
- 65 years old or older
- A parent of a dependent child
- A caretaker of a dependent child
- A pregnant woman
- A person who is certified blind
- A disabled person
Medicaid And Medical Assistance Benefits
Medical Assistance pays for most medically necessary services, including home health care and long-term care services. Some of the services covered are:
- Inpatient hospital services
- Emergency room services
- Skilled and intermediate nursing care
- Laboratory and x-ray services
- Eyeglasses
- Dentures
- Prosthetic services
Home health services must be medically necessary, ordered by a physician, provided in the recipient’s residence and documented in a written case plan.
Medicaid And Medical Assistance Eligibility
The eligibility requirements for Medical Assistance in Minnesota are as follows:
- You must be a resident of Minnesota
- You must meet citizenship requirements
- You must be financially eligible
- You must complete an application
- All eligibility requirements must be verified
To be a resident, a person must be physically present in Minnesota voluntarily and must not have a home elsewhere. A person may not receive Medical Assistance from more than one state at a time. Applicants can prove citizenship by showing a birth certificate, showing that the individual was born to U.S. parents outside the U.S. or showing naturalized citizenship documentation. All people 65 years and older who meet these criteria are automatically eligible for Medical Assistance.
Medicaid And Medical Assistance Are Need Based
Medical Assistance is a need-based program. A recipient’s assets cannot exceed $3,000 and a person’s income must be less than 100% of the Federal Poverty Guidelines (FPG), which is currently $817 per month. If an individual’s income is over 100% of FPG there is a “spend down” option. A person can spend down to 75% of FPG which is currently $613 per month.
Medical Assistance Is Administered By Counties
The Minnesota Department of Human Services is responsible for the administration of the Medical Assistance Program. The responsibility of working with eligible individuals (e.g., applications), is delegated to county agencies. A health care program manual containing Medical Assistance instructions is issued to various county financial workers by the Minnesota Department of Human Services. The manual and other helpful publications can be found here: Department of Human Services.
Medicaid And Medical Assistance Can Help In Your Home
Community and Home-based waiver programs were established under the Social Security Act of 1981. Waiver programs were established to correct institutionalized bias in Medicaid programs. Waivers allow states to offer home and community-based services to people who may otherwise be institutionalized. Minnesota has waiver programs that not only help seniors, but infants, those suffering brain injuries and debilitating illnesses, too. For example, Minnesota has a Medicaid waiver designed specifically for individuals over 65 years old called the Elderly Waiver program. This Community Alternative for Disabled Individuals (CADI) Waiver is a program designed for disabled individuals under 65 who require nursing home level of care, but choose to reside in the community.
Medicaid And Medical Assistance Can Be Confusing
This information is only an overview of Medicaid and Medical Assistance in Minnesota. One size never fits all and your questions deserve specific answers. For a detailed and substantive understanding of Medicaid, Medical Assistance eligibility and waiver programs you ought to discuss your needs with an expert.
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Answer Your Medical Assistance Question: 612-309-9184
What Are The Elder Law Basics?
When you run into a legal problem today, senior citizens today know how complex things can get. Do you understand the how the social security system affects you? Are you over 65 and you’re running into age discrimination? How are you going to become expert in laws affecting the elderly?
In the late 1990′s the “elder law” phrase referred to any law regarding senior citizens and their legal issues. What are elder law issues? Seniors are concerned with age discrimination, estate planning, health care, social security and what benefits they leave for loved ones when they pass away. Other topics directly affecting people living longer and longer are long term care and competency issues. Counselors experienced in elder law are well suited to answer your questions about these issues.
The Growth Of Elder Law
In Minnesota, our seniors 65 years and older are about 12.7% (668,000) of the whole state population. With nearly 13% of our population now over age 65, estimates predict that by 2050 senior citizens will total 36 million in the United States. Such incredible growth contributes to the need for capable legal counselors and practitioners. Are you interested in setting up your estate in order to leave something for your spouse and children after your death? Do you suspect that you’ve been discriminated against because of your age? An experienced elder law attorney will guide you to the solution that is best for you.
The Need For Elder Law
Aging America is contributing big time to the growth of this legal niche. More and more people are living longer and longer lives. This is resulting in problems with obtaining social security benefits, processing Medical Assistance claims and finding suitable long term care facilities. As if problems with these public systems were not enough, our seniors also face elder abuse, challenges to their ability to care for themselves and rising groups of scammers looking to take advantage of them. New legislation on the national and state levels continually seeks to address these issues as our senior population explodes. Sometimes even the most devoted family members are confused by options, including recourse under the law.
The Complexity Of Elder Law
The right elder law attorney, whether or not local to the senior, can help preserve dignity and stand up in defense of your rights that you lived so long to earn. Effective estate planning includes more than just what you want to leave behind and to whom. Effective estate planning ensures that you can fund both the enjoyable and comfortable life today and you can also afford the care you may need tomorrow. If you are being abused, or if you suspect elder abuse, it’s critical that you speak up at once. Every step of the way of elderly life, you have rights and you ought to defend those rights to protect the quality of life that you deserve.
Keeping Up With Elder Law Issues
Lawyers and legal firms only recently began to distinguish between general areas of law and elder law. To define a legal practice by the type of client than by the type of law being practiced has been rare. Any cursory search of the phone book, web search and directories shows a preponderance of family lawyers, criminal lawyers, tax lawyers, etc. Elder law is unique because the lawyer focuses on one type of client — the senior citizen — instead of any one type of law. The best counselors must be experienced in a broad range of legal issues, from finance, state and national legislation, government programs, documents, planning and litigation.
This necessary diversity of knowledge makes the elder law expert an ideal counselor for most legal needs you will face after age 65. However, those of us younger need to plan for our senior future. Effective planning is the best way to prepare for and head off senior problems that may occur. WL Brown Law focuses on elder law issues in the greater Minneapolis, Minnesota area. When you have senior issues and questions, call us to see how we can solve your problem.
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Answer Your Elder Law Question: 612-309-9184
Two Ways The Needs Trust Can Enhance The Quality Of Life For Persons With Disabilities
Trusts and estates planning go hand in hand when it comes to ensuring quality of life for a person with a disability. Life has dealt people with disabilities enough challenges. If you have the means and the motivation to help care for a loved one with disabilities you should know how you can best provide financial assistance without diminishing public assistance. Trusts are frequently used in estate planning and caring for a disabled person is an excellent use, indeed.
What is a trust? A Trust is a legal entity that holds assets for the benefit of the Beneficiary. The Grantor sets up the trust and assigns the Trustee to manage the trust for the benefit of the beneficiary. The trustee also distributes funds from the trust on behalf of the beneficiary. Since neither you, the grantor and source of the money, nor the disabled person, the beneficiary, directly control these assets, the law grants special privileges to the trust, including special tax treatments.
Supplemental And Special Needs Trust
Two types of trusts can be established to benefit a person with a disability by supplementing their governmental benefits: Supplemental Needs Trust and Special Needs Trust. Both types of trusts are intended to provide funds to enhance government disability benefits and protect financial resources.
Supplemental Needs Trust Provides Resources
A Supplemental Needs Trust is created for a disabled beneficiary and supplements public benefits such as Medicaid and Medical Assistance rather than diminishing them. Government benefit programs consider the disabled person’s resources and income to determine eligibility for assistance and the amount of such assistance. Whereas, Social Security and Medical Assistance may provide a basic level of income to a person with a disability, quite often this is not enough. Any income the person earns reduces benefits. Benefit programs also consider the spouse and others obligated to pay any sum to or for the benefit of the trust beneficiary. Outright giving the person money accomplishes little more than reducing benefits.
Supplemental Needs Trust And Quality Of Life
A Supplemental Needs Trust can enhance their quality of life by providing money to supplemental their needs that is not provided by public programs. Before the trustee can make any distributions, the beneficiary must first use the government benefits. A family member may establish a trust for the disabled person without reducing the beneficiary’s Medicaid and other government benefits. Recent changes in federal and state laws provide opportunity to use the disabled person’s own funds in such trusts under certain conditions.
Define Disability For Needs Trusts
A Supplemental Needs Trust qualifies a person as disabled in one of two ways. If the person is defined as disabled under Title II or Title XVI of the Social Security Act, that person qualifies as disabled for this trust. Bottom line, receiving Supplemental Security Income (SSI) or Social Security Disability benefits qualifies the person as disabled. Also, if a person has a physical or mental illness that is expected to last for twelve months or more and it substantially impairs their ability to provide for their own care, they qualify as disabled. This disability can be established by the written opinion of a licensed professional. This diagnosis must also be confirmed by the written opinion of a second licensed professional.
Special Needs Trust Protects Resources
A Special Needs Trust also protects the assets of the grantor and is used to supplement government benefits. This trust is created to ensure that the disabled beneficiary can enjoy the use of property that is intended for their benefit. Whereas, these trusts are often setup for people lacking the mental capacity to handle their own financial affairs, there may be fiscal advantages to this trust. Special Needs Trusts may be setup to receive an inheritance on behalf of a person with a disability. They can be funded from the proceeds of criminal injury compensation, litigation or insurance settlements. Basically, this trust is funded by the beneficiary with their own assets.
State Receives Special Needs Trust Assets
Unlike other trusts, upon death of the grantor, who is also the beneficiary, the state receives all money remaining in the trust up to the amount already paid by the state for benefits like Medical Assistance. Any remaining trust assets go to the persons listed in the trust or a non-profit designated by the grantor. In Minnesota, the trustee of a Special Needs Trust must submit to the Commissioner of Human Services a copy of the trust, an inventory of the trust account assets and the value of those assets annually.
A Special Needs Trust qualifies a person as disabled also in Title XVI of the Social Security Act. In Minnesota, disability may also be established by a State Medical Review Team that uses similar criteria to the Social Security Administration.
Needs Trust Planning Enhances Life For The Disabled
When it comes to ensuring quality of life for a disabled person, trusts and estates planning are powerful tools for good. Having means and motivation to help care for a disabled loved one you now know two effective tools to provide financial assistance without diminishing other benefits. If you have close to you a person with disabilities and you want to enhance the quality of their life, exercise your compassion without wasting your valuable resources. WL Brown Law Office specializes in all things elder law and special needs. We will be honored to discuss your special needs and answer your questions at your convenience. Let’s build a trust relationship by exploring your special needs and supplemental needs together.



















