Berger Estate & Elder Law, P.A.

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Berger Estate & Elder Law, P.A. At Berger Estate and Elder Law P.A., we deliver top-quality legal counsel in a supportive, compassionate environment where clients are treated like family.

Jim Berger opened the doors to the Berger Law Firm, P.A. in 1987 with a desire to "Make the complex understandable." He soon gained the reputation as an advocate for the elderly. Today, twenty-eight years later, Berger Estate & Elder Law P.A. continues to serve families and individuals providing trusted counsel with proactive solutions. As reflected in our logo, the Berger Estate & Elder Law, P.A. is a pillar of knowledge and support in a complex world. As a pillar supports a building, the attorneys and staff of Berger Estate & Elder Law, P.A. can be relied on to impart knowledge and expertise in a way that provides you, our client, with support and comfort, whether it is helping you plan your legacy or get through a difficult time. Lean on us, and we will provide you with trusted counsel, sensible solutions and peace of mind. We look forward to serving you!

Introducing Berger Estate and Elder Law's Frequently Asked Questions! 🌟 TODAY'S Question: What Does Probate Mean?Answer:...
10/15/2026

Introducing Berger Estate and Elder Law's Frequently Asked Questions! 🌟 TODAY'S Question: What Does Probate Mean?
Answer: The Probate Court handles the affairs of persons who cannot represent themselves. This includes minor, elderly or disabled persons called "wards" and deceased persons. The Probate Court appoints and monitors guardians and conservators. It also protects the rights of heirs and creditors and assures the orderly transfer of a decedent's property.
Please feel free to reach out to us with any questions you may have or for a free consultation at 913-491-6332.

The End-of-Year Estate Planning Checklist: 3 Moves to Make Before December 31 As the year winds down and the holiday sea...
10/13/2026

The End-of-Year Estate Planning Checklist: 3 Moves to Make Before December 31
As the year winds down and the holiday season approaches, it is easy to push administrative tasks to the back burner. However, the fourth quarter is the most critical time of the year to audit an estate plan. Life changes, laws evolve, and tax deadlines are absolute.

Here is the essential end-of-year checklist to share with clients to ensure their legacy remains secure into 2027.

1. The Beneficiary Audit: Updating After Life Events
A Last Will and Testament does not control everything. Assets like 401(k)s, IRAs, life insurance policies, and payable-on-death (POD) bank accounts are distributed based entirely on their specific beneficiary designations superseding whatever is written in the Will.

Marriages and Divorces: Ensure ex-spouses are legally removed from policies and current spouses are fully protected.
New Additions: If the family welcomed new children or grandchildren this year, contingent beneficiaries must be updated so the newest generation is not unintentionally excluded.
Passing of Loved Ones: If a named beneficiary has passed away, their share might default back to the estate, unnecessarily subjecting those assets to the costly and public probate process.

2. Status Check: Healthcare Directives and POAs
Medical emergencies do not make appointments. A comprehensive plan requires up-to-date advance directives and Powers of Attorney (POA) that reflect the client's current wishes and relationships.

Financial Power of Attorney: Confirm that the appointed agent still has the capability and legal authority to manage finances if the client becomes incapacitated.
Healthcare Surrogate / Proxy: Ensure the designated proxy is still the right person to make critical medical decisions.
Accessibility: Having the documents is only half the battle. Ensure family members and primary care physicians have active copies on file before a crisis hits.

3. Leverage 2026 Tax Exemption Thresholds
The end of the year is the final deadline to execute strategic wealth transfers under the current tax code.

Annual Gift Tax Exclusion: For 2026, the IRS allows individuals to gift up to $19,000 per recipient without triggering the gift tax or dipping into the lifetime exemption. For married couples, this doubles to $38,000 per recipient. These gifts must be completed by December 31 to count for the current tax year.
Federal Estate Tax Exemption: The federal estate and lifetime gift tax exemption for 2026 sits at $15 million per individual, or $30 million for married couples. High-net-worth clients should review their trust structures to ensure they are fully capitalizing on these historically high thresholds before any future legislative changes.

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Don't let the calendar turn before ensuring your family's future is protected. Reach out to our office today to schedule a Q4 estate plan review and secure your peace of mind for the new year.

We’re proud to share this wonderful photo of Patty Bushland pictured with Jim! 🤍Patty will be hosting a luncheon and spe...
10/06/2026

We’re proud to share this wonderful photo of Patty Bushland pictured with Jim! 🤍

Patty will be hosting a luncheon and special event for the National Federation of the Blind this Saturday in celebration of KC White Cane Day 2026.

It’s sure to be a meaningful day filled with connection, awareness, and support for the blind and visually impaired community. We hope everyone involved has a fantastic event!

🎉 Happy Birthday to our amazing paralegal, Sydney! 🎈Sydney you are truly loved, valued, and appreciated by our entire te...
09/30/2026

🎉 Happy Birthday to our amazing paralegal, Sydney! 🎈
Sydney you are truly loved, valued, and appreciated by our entire team of attorney's and staff. We are so grateful for all that you do and for the dedication, kindness,and positivity you bring to our firm each day.

Great food + Great people = Great Networking!
09/29/2026

Great food + Great people = Great Networking!

REPORTING ABUSE AND NEGLECT IN LONG TERMEvery family that places a loved one in a nursing home, assisted living communit...
09/24/2026

REPORTING ABUSE AND NEGLECT IN LONG TERM

Every family that places a loved one in a nursing home, assisted living community, or other long-term care setting does so trusting that their loved one will be safe and treated with dignity. Most of the time, that trust is well placed. But abuse and neglect in long-term care can be difficult to detect, especially when a resident has cognitive decline or communication difficulties, or fears retaliation.

You do not need to determine whether conduct legally qualifies as abuse before asking for help. If something seems wrong, describe what happened, when it happened, and why you believe the resident may be at risk.

What Should Be Reported?
Report concerns that may threaten a resident’s safety, health, dignity, or financial well-being. Common examples include:

Physical abuse. Hitting, rough handling, unnecessary physical restraint, unexplained injuries, or overmedication.
Neglect. Leaving a resident in soiled clothing or bedding, failing to reposition someone at risk of pressure sores, skipping meals or medications, or ignoring calls for help.
Emotional or verbal abuse. Yelling, humiliating, threatening, or deliberately isolating a resident from family, friends, or other residents as a form of control.
Sexual abuse. Any nonconsensual sexual contact or behavior, including with residents who have cognitive impairment and cannot legally consent.
Financial exploitation. Misuse of a resident’s money, bank card, benefits, identity, or legal authority by a caregiver, employee, representative, or other trusted person.
Unsafe conditions or care-related fraud. Repeated staffing failures, medication errors, untreated injuries, dangerous conditions, or billing Medicare or Medicaid for services or equipment that were never provided or were unnecessary.
Resident-to-resident violence. Physical, verbal, or sexual harm caused by another resident when the facility fails to respond appropriately or protect residents.

Who Should You Contact?
The right contact depends on the urgency and nature of the concern. In some situations, more than one report may be appropriate.

911 or Law Enforcement
Call 911 if a resident is in immediate danger, has a serious injury, or needs urgent medical attention. Law enforcement may also be appropriate when the concern involves assault, sexual abuse, theft, or another possible crime. Do not wait for the facility to complete an internal review when the resident may be in immediate danger.

Long-Term Care Ombudsman
Every state has a federally mandated long-term care ombudsman program for residents of nursing homes, assisted living communities, and similar facilities. Ombudsmen advocate for residents and help identify, investigate, and resolve complaints about care quality, resident rights, discharge disputes, and abuse, free of charge. Their role is to represent the resident’s interest and work toward a resolution.

Family members, friends, or facility staff can file a complaint whether or not the resident can do so themselves. A directory of links to each state’s program is available online.

Adult Protective Services (APS)
State and local APS agencies investigate reports of abuse, neglect, self-neglect, and financial exploitation of older adults and adults with disabilities. They can intervene to protect someone at risk in both facility and home settings. Consider contacting APS when:

a resident may be unable to protect themselves;
a caregiver or other trusted person may be exploiting the resident; or
the resident needs protective intervention beyond the facility’s internal process.

State Survey Agency
A state survey agency generally investigates complaints about nursing homes that participate in Medicare or Medicaid. Complaints may involve abuse, neglect, poor care, inadequate staffing, unsafe or unsanitary conditions, and other mistreatment. An online directory of State Survey Agencies provides state-by-state contact information.

These agencies may be appropriate when a facility repeatedly fails to follow a care plan, provide medication or treatments, or respond to complaints.

Eldercare Locator
This service connects callers with their local ombudsman program, Area Agency on Aging, and APS office. Contact the Eldercare Locator online or call or text 1-800-677-1116. This can be a useful starting point when you know something is wrong but do not know which agency should receive the report.

National Elder Fraud Hotline
For suspected financial exploitation and scams targeting an older adult, contact the National Elder Fraud Hotline online at 1-833-372-8311.

What Victims and Families Can Do
If you believe a resident is in immediate danger, call 911 first.
Beyond emergencies, advocates who work with families regularly offer the same practical advice:

keep a record of the resident’s name, facility, room, and primary contacts;
as soon as you have a concern, write down specific dates, times, details, and locations of incidents as well as what the resident said happened and the names and job titles of involved staff or witnesses;
list injuries, behavior changes, worsening personal conditions, or missed medications, meals, treatments, or care-plan services;
hold on to relevant photographs, messages, voicemails, bills, and financial records;
keep copies of care plans, discharge notices, and other paperwork;
talk with your loved one first, if possible, about what outcome they want; and
follow up any phone conversation with a brief written summary.

You do not need proof of wrongdoing to contact an ombudsman or adult protective service. Raising a concern early is itself part of how these systems catch problems.

Do not confront a suspected abuser or notify the facility first if doing so could increase the resident’s risk. In that situation, contact an outside agency or law enforcement for guidance.

Why This Infrastructure Matters
No single hotline or agency can eliminate abuse and neglect in long-term care. But the layered system now in place reflects decades of federal policy created specifically to make sure a resident’s voice does not go unheard simply because they cannot advocate for themselves. For families navigating a difficult situation, knowing these resources exist, and that they are free and available in every state, is often the first step toward getting help.

We are looking to expand our firm! We are hiring an Estate Plan and Elder Law Attorney who is licensed in both Kansas an...
09/21/2026

We are looking to expand our firm! We are hiring an Estate Plan and Elder Law Attorney who is licensed in both Kansas and Missouri. 2-5+ years experience is preferred. if you or someone you know is interested please send all resumes to [email protected].

The New Normal of Healthcare: Your Guide to TelehealthTelehealth allows you to connect with your healthcare provider vir...
09/09/2026

The New Normal of Healthcare: Your Guide to Telehealth

Telehealth allows you to connect with your healthcare provider virtually, bringing the doctor's office directly to you. Through telemedicine, you can share health concerns, receive professional medical opinions, and manage your care from the comfort of your home using a computer, smartphone, or tablet.

Types of Care Available Through Telemedicine
While some medical services will always require an in-person visit, an impressive array of care is now fully optimized for telehealth. Telemedicine encompasses a wide variety of services, including:

Assistance with recurring conditions
Dermatology appointments
Managing viral and bacterial infections
Lab test results
Physical therapy
Prescription management
Post-surgery care
Mental health services

From Pandemic Necessity to Everyday Convenience
Before 2020, telemedicine was relatively uncommon and used primarily for psychotherapy or monitoring niche chronic conditions. When the pandemic hit, the U.S. Department of Health and Human Services and the CDC advised patients to consult physicians online to prevent the spread of the virus. This sparked a massive shift in how we seek care, with the CDC reporting a 154% increase in telehealth use in just one year.
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Today, the landscape has permanently changed. What began as a temporary safety measure has evolved into a preferred, standard option for millions of patients who value the convenience and efficiency of virtual care.

How to Use Telehealth
A telehealth appointment operates much like a standard visit, just through a phone call or secure video chat. The ecosystem also goes beyond the live appointment:

Remote Monitoring: You can send your doctor real-time data about your vital signs, weight, or blood pressure.
Secure Messaging: Outside of scheduled appointments, you can use patient portals to exchange secure messages, send medical records, and upload images of wounds or skin conditions.
Actionable Care: Your provider can issue prescriptions, give instructions for at-home management, and provide specialized steps to improve your daily quality of life.

The Lasting Benefits of Telehealth
While severe medical emergencies still require a trip to the ER or a traditional doctor's office, telehealth offers undeniable everyday benefits:

Dodging the Waiting Room: Telehealth reduces your exposure to common infectious diseases like the flu, RSV, or the common cold. High-risk individuals can get the care they need without sitting in a room full of sick patients.
Ultimate Convenience: Visiting the doctor virtually saves hours of your day. You can skip the commute, the parking hassle, and the time spent away from work or family.
Expanded Accessibility: For individuals who live in rural areas, have mobility challenges, or simply lack reliable transportation, telemedicine makes healthcare vastly more reachable.
Faster Communication: Patients who are self-isolating or have difficulty traveling can get online triage quickly. A fast virtual consult can alert doctors to severe concerns and help them determine if an immediate, in-person ER visit is actually necessary.

As a powerful supplement to in-person care, telehealth helps patients communicate with their providers more efficiently, making high-quality healthcare more accessible than ever before.​

✨What a great way to kick off the holiday weekend!✨Berger Estate & Elder Law Marketing team members Desiree an Sydney en...
09/03/2026

✨What a great way to kick off the holiday weekend!✨
Berger Estate & Elder Law Marketing team members Desiree an Sydney enjoyed a wonderful morning of mingling, networking, and building meaningful connections with fellow professionals. 🤝

There's nothing better than good conversations and a strong sense of community!

Your child is 18, what does that have to do with your estate plan? If your child is navigating their teenage years or he...
09/02/2026

Your child is 18, what does that have to do with your estate plan?

If your child is navigating their teenage years or heading off to college, you may already feel like you are losing a bit of control over their daily life. Legally speaking, this becomes a reality the moment your child turns 18. In the eyes of the state, they are now an adult with the exclusive legal right to govern their own life.

Up until their 18th birthday, you are legally entitled to access your child’s medical records, make decisions regarding their healthcare, and manage their finances. Once they turn 18, that access abruptly ends. Your now-adult child is legally entitled to absolute privacy, meaning you no longer have automatic authority over their medical, educational, or financial information.

While everything is fine as long as they are healthy and safe, it is crucial to plan for the unexpected. Before your child heads out into the adult world, ensure they have a basic estate plan in place that includes these three vital components:

1. Health Care Proxy with HIPAA Release

Under the Health Insurance Portability and Accountability Act (HIPAA), an 18-year-old’s health records are strictly between them and their healthcare provider. This privacy wall prevents doctors from even giving you medical updates if your child is incapacitated and unable to grant permission. Without a HIPAA release, you could face immense obstacles just trying to find out if your child has been admitted to a specific hospital.

If your child suffers a medical emergency and cannot communicate, medical professionals may legally refuse to speak with you or let you direct their care. To intervene, you could be forced to hire an attorney and petition a court to be appointed as your child’s legal guardian. In a medical crisis, your only concern should be your child’s recovery, not navigating expensive and stressful court proceedings.

A Health Care Proxy with a HIPAA Release enables your child to designate you (or another trusted adult) to receive medical information and make critical healthcare decisions on their behalf if they cannot do so themselves.

2. Durable Power of Attorney

Just like medical information, an 18-year-old’s finances are entirely private. If your child becomes incapacitated, a Durable Power of Attorney is the only way you can access their bank accounts, pay their bills, or manage their credit cards without petitioning a court for a conservatorship.

Even outside of an emergency, this document is incredibly practical when a child is away at college or traveling abroad. If an issue arises—like a locked bank account or a stolen debit card while traveling—a Durable Power of Attorney gives you the legal authority to step in and resolve the issue for them.

(Note: Some parents try to circumvent this by opening joint bank accounts with their adult children. This is rarely recommended, as it can cause unintended consequences regarding taxes, financial aid applications, and creditor liabilities.)

3. Will

Your 18-year-old legally owns any funds they have earned or that were given to them as a minor. In the catastrophic event that your child passes away before you, their assets will go through probate and pass to their heirs (which, in most states, are the parents).

If you have carefully structured your own estate plan to minimize taxes or protect assets, unexpectedly inheriting your child's assets could frustrate those larger planning goals. Furthermore, writing a Will gives your young adult the agency to leave their personal property, a beloved pet, or financial assets to siblings, friends, or a favorite charity.

​While a Will might seem less urgently necessary than a Health Care Proxy or Power of Attorney, having all three documents in place prevents parents from having to go to court just to secure the legal authority to help their own child.If you have a child or grandchild approaching adulthood, talk to your elder law and estate planning attorney about getting these three crucial documents executed.
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Berger Estate & Elder Law P.A. has been serving Kansas City for over 30 years providing Trusted Council with Proactive Solutions. Call us today at (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located offices at 11233 Nall, Suite 140 Leawood, KS 66211 for more information.

Address

11233 Nall Avenue, Ste 140
Leawood, KS
66211

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+19134916332

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