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Elder Law Attorney Serving Middle Tennessee

With Clements & Eubanks, you get an attorney who understands the situation you are facing. Our Elder Law Attorneys provide a level of service shaped from their own experiences caring for loved ones. When you choose Clements Law Firm, you and your loved ones are treated as family. Our primary goal is to keep you and your family out of the courts with proper Powers of Attorney and Asset Protection strategies. However, if your loved one is facing matters such as Elder abuse, neglect or healthcare disputes, we will be the strongest advocate on your family’s behalf. 

Elder Law Services in Middle Tennessee

Elder Law encompasses a range of legal services as every case is different and unique. Some of the more common services that Clements & Eubanks provide are:

  • Conservatorship

  • Guardianship

  • Asset Protection Strategies

  • Healthcare Power of Attorney

  • Financial Power of Attorney

  • Medicaid Planning

  • Long Term Care Planning

  • Elder Abuse Protection

  • Social Security Disability

  • VA Benefits

  • Special Needs Planning

  • End of Life Planning

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What is Elder Law?

Elder law helps families navigate the challenges of aging. We focus on proactive solutions to keep your loved one out of court, but we'll fight as your advocate if the situation demands it. It’s important to choose an Elder Law attorney with a track record of success. They’ll help you navigate the complexities and protect your loved one’s best interests.

What does an Elder Law attorney do?

As individuals age, there may come a time when they are no longer able to make sound decisions due to physical or mental incapacity. In such cases, our compassionate elder law attorneys can guide you through the process of establishing a conservatorship or guardianship. These legal arrangements ensure that a trusted individual is appointed to make financial and personal decisions on behalf of the incapacitated individual, providing protection and peace of mind for everyone involved.

Middle Tennessee Elder Law Attorney Bryson Eubanks

At a young age, Bryson witnessed his family caring for his great-grandmother. The formative experience inspired his career path into elder law. He runs his business to help families support each other, and he treats all of his clients like family.

After playing baseball for Carson-Newman University, where he earned a Bachelor of Arts in Psychology, Bryson received his Masters of Arts in Gerontology from Appalachian State University. He then began a fulfilling career as a public benefits specialist, learning firsthand how the law could help families navigate the challenges of aging.

In 2019, Bryson earned his Doctor of Jurisprudence from the Nashville School of Law. He joined Clements Law Firm in 2024, expanding the practice to Nashville. Bryson brings a unique blend of compassion, expertise, and firsthand experience to the team. His background in psychology and gerontology equips him with a deep understanding of the emotional and practical aspects of aging, allowing him to provide holistic support to his clients.

Bryson's areas of practice include:

  • Medicaid Planning

  • Veterans Benefits Planning

  • Trust planning

  • Conservatorship

  • Social Security Disability

Bryson is a member of the Tennessee Bar Association and numerous community organizations. When not in the office, he enjoys spending time with his wife, a fellow attorney, and their two young children.

Frequently Asked Questions

Have I waited too late?

While starting elder law planning early is ideal, it's rarely too late to get help. An elder law attorney can assess your situation and determine the best strategies, even if your loved one is facing a crisis.

Is the nursing home going to take my loved one’s house?

Not necessarily. An elder law attorney can help with asset protection strategies that might shield the house from nursing home costs, depending on your circumstances. Don't assume you'll lose everything.

Is Medicaid going to take my loved one’s house?

Tennessee Medicaid has estate recovery rules, meaning they could seek reimbursement for care costs from a person's estate after they pass away.  However, there are exceptions and legal planning strategies that might protect the house.  An elder law attorney will understand the Tennessee-specific rules and help you develop the best plan for your family.

Should we re-assign ownership of my loved one’s house?

Transferring ownership of a house can be complicated. It's crucial to speak to an elder law attorney first to weigh all the potential consequences and ensure you're not making things worse financially.

What type of trust do I need?

The right trust for your family depends on your specific goals and circumstances. Some common elder law trusts include:

  • Testamentary Trusts: These are created within your will and go into effect after you pass away. They can be used for general needs or supplemental needs (for a disabled individual).

  • Special Needs Trusts: Designed to protect assets for a disabled beneficiary while maintaining their eligibility for government benefits. These can be 1st party (funded with the beneficiary's own assets) or 3rd party (funded by someone else).

  • Revocable Living Trusts: Flexible tools that can help avoid probate and manage assets if you become incapacitated.

  • Medicaid Asset Protection Trusts: Specialized trusts designed to protect assets while qualifying for Medicaid long-term care coverage.

  • VA Asset Protection Trusts: Similar structure to Medicaid trusts, but tailored to maximizing eligibility for VA benefits.

It's crucial to consult with an elder law attorney to determine the best type of trust for your particular situation. They'll help you understand the pros and cons of each option to protect your loved one's assets and future care.

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