- GuardianshipGuardianship does not typically include control of the assets of a protected person, hence the role of conservator. The guardian is appointed to take charge of an incapacitated person’s (“IP”) health and welfare while the conservator is appointed to manage the IP’s financial affairs. The same person can be appointed to both roles, or just one. In either case, sufficient allegations of incapacity must be made to justify the appointment, which in effect, supplants vital decision-making authority from an individual to a surrogate. In both guardianship and conservatorship, the appointee takes on essentially the role of a parent in managing the affairs of the IP.
- Real Estate Litigation
- Personal InjuryThe Elder Law Office of Kienitz and Pross, P.A. can prepare supplemental needs trusts to hold the assets of people who are disabled so they may maintain eligibility for important public benefits. These trusts are sometimes prepared after a personal injury settlement or an inheritance. They can also be prepared as part of a comprehensive estate plan for clients with disabled family members. The firm can also assist people with setting up accounts under the Achieving a Better Life Experience (ABLE) Act.
- Social Security DisabilityJim is an attorney at the Elder Law Office of Kienitz & Pross. He has been in private practice in Maine since 2004. Jim has experience in many areas of the law, including Social Security Disability, real estate law, and general litigation. At the Elder Law Office of Kientiz & Pross, Jim represents clients in probate court and works to assist clients with their estate planning and long term care planning. Jim is frequently complimented by his clients for his attentiveness and caring nature. Jim is admitted to practice law in the State of Maine, in the U.S. District Court for the District of Maine, and in the U.S. First Circuit Court of Appeals. He is a member of the Maine State Bar Association’s Elder Law Section and the Androscoggin County Bar Association.
- Estate PlanningMia focuses on helping families plan for long term care needs and transitions, navigating Medicaid (MaineCare) eligibility and applications, estate planning and probate estate administration. She brings to the practice varied experience in finance, health insurance, and social policy. Before joining the Elder Law Office of Kienitz and Pross P.A, she spent many years in the non-profit sector, advocating on behalf of vulnerable populations and developing her empathetic nature, ability to listen intently, and thoughtful approach to problem-solving. Attorney Poliquin Pross is a member of the Maine State Bar Association’s Elder Law Section, National Association of Elder Law Attorneys (NAELA), and Androscoggin County Bar Association. She has been active with the City of Auburn Planning Board and with the Good Food Council of Lewiston Auburn.
- WillsThe Elder Law Office of Kienitz and Pross, P.A. helps individuals and families prepare for the inevitable by carefully drafting wills and trusts after thorough conferences with clients. The firm also guides family members through the probate process and the administration of simple estates after a loved one passes away. The firm does not typically handle contested probate matters or probate litigation.
- Trusts
- Power of AttorneyIf you become incapacitated, someone will need to handle your financial affairs. That may mean paying bills, cashing checks, transferring money, accessing information about retirement accounts or insurance policies, selling property, or applying for benefits on your behalf. Even among married couples, there is no guarantee that a spouse would be able to perform all these functions for you without a durable power of attorney. If this power is needed and has not already been given, someone would have to apply to be appointed guardian and/or conservator by a court to help with your affairs. That is a much more lengthy and costly endeavor than simply appointing someone you trust while you have the capacity to do so.
- Probate