Berger Estate & Elder Law, P.A.

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!

✨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.

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.

Jim Berger led and spoke at the annual meeting of BEEL (Berger Estate and Elder Law)—and what an outstanding meeting it ...
08/18/2026

Jim Berger led and spoke at the annual meeting of BEEL (Berger Estate and Elder Law)—and what an outstanding meeting it was! 🎉

The day was filled with engaging conversations, valuable insights, and meaningful discussions that left everyone with plenty to take away. It was a wonderful opportunity to connect, share knowledge, and learn from one another.

A truly informative and inspiring meeting!

Medicare Could Cover Early Alzheimer's Blood TestingAlzheimer’s-related changes in the brain may begin years before symp...
08/17/2026

Medicare Could Cover Early Alzheimer's Blood Testing

Alzheimer’s-related changes in the brain may begin years before symptoms appear. These changes are associated with biological markers that can be measured in blood, and researchers are developing blood tests that look for them. But current tests have specific uses and limits: A screening test identifies people who may need further evaluation. It does not, by itself, establish an Alzheimer’s or dementia diagnosis.

Blood testing is less invasive than brain imaging and may help doctors evaluate cognitive decline earlier. That matters because fewer than 10 percent of people receive an Alzheimer’s diagnosis when they have mild cognitive impairment, the stage when symptoms first emerge and people may be eligible for treatment.
The Alzheimer’s Association estimates that 7.4 million Americans age 65 and older are living with Alzheimer’s dementia in 2026.

Public interest in early answers is high. In one national survey, nearly four in five Americans say they would want to know if they had Alzheimer’s before symptoms progressed, and more than nine in 10 would want access to a simple medical test.

Who Should Consider Alzheimer’s Blood Testing?
At this time, available blood testing is generally used to help evaluate certain people who already have signs or symptoms of cognitive decline. It is not a general checkup for people who have no symptoms. A health care professional can help determine whether testing is appropriate based on a person’s symptoms, medical history, age, and other evaluation results.

Medicare Coverage and the ASAP Act
​Medicare generally does not cover routine blood-based Alzheimer’s screening tests under current law. The obstacle is not necessarily the availability of the technology — under current law, Medicare cannot cover routine FDA-cleared Alzheimer’s screening tests unless Congress specifically gives it permission to do so.

That could change with the Alzheimer’s Screening and Prevention (ASAP) Act. If enacted, the bipartisan act would allow Medicare to consider and cover routine blood-based dementia screening tests cleared or approved by the FDA.

Without a clear coverage pathway, Medicare coverage of new dementia screening tools could take years, even after FDA authorization. The ASAP Act seeks to help Medicare keep pace with advances in detection while preserving the existing process used to evaluate which tests Medicare will cover.

How Blood Tests May Detect Alzheimer’s Disease Earlier
Lumipulse is an example of an FDA-cleared blood test used to aid the evaluation of Alzheimer’s disease in certain adults with signs or symptoms of cognitive decline. The test measures blood-based markers associated with amyloid plaques, a hallmark of Alzheimer’s disease. It is not intended to be used by itself to screen people who have no symptoms or to establish a diagnosis. Physicians must interpret the results alongside a patient’s symptoms, medical history, and other evaluations.

What Happens After the Test?
A blood test is only one part of an Alzheimer’s evaluation. Depending on the result and the person’s symptoms, a doctor may recommend cognitive testing, a review of medical history, brain imaging, or another type of biomarker test. A positive result does not establish an Alzheimer’s diagnosis by itself, and a negative or unclear result may not rule out every possible cause of memory or thinking problems. Results should be interpreted alongside other clinical information.

What Patients May Pay for Dementia Screening
​The cost of blood-based Alzheimer’s testing can vary, and some patients may pay hundreds of dollars out of pocket. If enacted, the ASAP Act could allow Medicare to cover eligible blood-based screening tests, subject to Medicare’s existing coverage process. That could make testing more accessible and lead to earlier diagnoses and opportunities to intervene.

Does Medicare Cover Other Alzheimer’s-Related Services?
Medicare already covers certain cognitive assessment and care-planning visits under Part B. During these visits, a health care professional can review cognitive function, establish or confirm a diagnosis, and develop a care plan. Coverage of these services is separate from coverage of an Alzheimer’s blood test, which is the issue addressed by the ASAP Act.

Early Interventions for Dementia
An earlier diagnosis may help people and their doctors evaluate available treatments, manage other health conditions, and consider lifestyle and supportive strategies. For some people with Alzheimer’s disease, newer medications may slow or delay symptoms, although these treatments are not appropriate for everyone and do not cure the disease.

Strategies that may support overall health and quality of life include exercise, nutrition, cognitive activity, and social engagement.

Opportunities for Autonomy
In addition to earlier access to care and interventions, an earlier diagnosis can allow someone the opportunity to make essential legal decisions earlier, preserving their autonomy. Many people delay this kind of planning. A dementia diagnosis can motivate action and inform decisions. Steps to take can include choosing a surrogate decision-maker, updating powers of attorney and advance directives, and creating a plan for housing and care.

Meet Mary Ann Robison, JD! Mary Ann Robison practices law with the firm Berger Estate & Elder Law, P.A. She is licensed ...
08/12/2026

Meet Mary Ann Robison, JD! Mary Ann Robison practices law with the firm Berger Estate & Elder Law, P.A. She is licensed in Missouri and Kansas, concentrating on Elder Law, Probate and Estate Planning. Mary Ann received her Bachelor of Science degree from Truman State University in Kirksville, Missouri, magna cm laude, and her law degree from the University of Missouri-Kansas City School of Law.
Mary Ann began her career as a trust officer with Chemical Bank in New York, New York. Upon the birth of their second child, Mary Ann and her husband Jerry returned to Kansas city where they settled down to raise their family, which eventually grew to five children. Once their children were well established in school, May Ann joined Berger Estate & Elder Law in 2005. Today, she is now the proud grandmother of six wonderful grandchildren. With a calm demeanor and much compassion, Mary Ann enjoys helping individuals and families through difficult times.

Shielding Older Adults From Government-Impersonation Scams Elder fraud has become a common form of financial exploitatio...
08/11/2026

Shielding Older Adults From Government-Impersonation Scams

Elder fraud has become a common form of financial exploitation across the country. Federal officials have estimated losses to be in the billions of dollars each year among older Americans, with government-impersonation schemes among the most reported types of fraud. For example, fraudsters may contact older adults and claim to be with the Social Security Administration (SSA) or the Department of Health and Human Services (HHS) while trying to extract information or money from them.

Scammers do not target older adults because they are less capable. They target this population because they may assume they have savings, established credit, and less familiarity with newer digital tactics. Awareness and preparation can make it harder for scammers to succeed.

How These Scams Work
Most impersonation and fraud schemes follow a consistent pattern, regardless of the specific story a scammer uses. It generally unfolds in four stages:

Pretend. The scammer claims to represent a trusted source, such as the SSA, the HHS’s Office of the Inspector General (HHS-OIG), a bank, or a well-known company. They may already have some of the potential victim’s personal information, which makes the approach feel legitimate.
Prize or problem. The scammer either offers something appealing, such as a benefit increase or a prize, or creates fear by claiming there is a serious problem, such as a suspended Social Security number or a fraud alert on an account.
Pressure. They tell the person to act immediately, often to “avoid arrest” or “protect” their benefits or accounts, leaving little time to verify the claim.
Payment. The scammer requests payment or personal data through unusual channels, such as gift cards, wire transfers, cryptocurrency, cash delivered in person, or a Social Security or Medicare number provided “to confirm eligibility.”

A genuine call from the SSA or HHS-OIG will never ask a beneficiary to wire money, purchase gift cards, send cash, or disclose a Social Security number. That single rule can help older adults avoid most government-impersonation scams.

Practical Steps for Protecting Personal Data
Protecting personal information is often more effective than trying to recognize every new scam. Scammers’ tactics change constantly, but their goal remains the same: getting access to personal information or money.

Safeguard Your Most Personal Information
Personal information can be pieced together from public records, social media, data breaches, and previous contacts. Protecting key details makes it harder for scammers to create convincing requests.

Do not share sensitive information. Never provide a Social Security number, Medicare number, bank account information, or online-account password to an unsolicited caller, texter, or email sender. Caller ID can be spoofed, so a government agency’s name or number does not prove that the contact is legitimate.
Protect important documents. Store Social Security and Medicare cards securely at home rather than carrying them daily. Shred documents containing account or benefit numbers before disposing of them.

Check With the Official Source
Always verify unexpected requests through contact information you find yourself, not through a phone number, link, or website supplied by the person who contacted you.

End the conversation. Hang up on unexpected calls claiming to be from the SSA, HHS-OIG, or the Medicare program. Then call the agency back using a number found independently on their government website.
Monitor your accounts. Create an official my Social Security account to track benefit statements and catch unauthorized changes.

Pause and Talk With Someone You Trust
Scammers use urgency, isolation, and secrecy to prevent people from evaluating a request or seeking advice.

Treat pressure as a warning sign. Legitimate agencies do not demand immediate action or ask beneficiaries to keep a conversation confidential from family members.
Ask for help without fear or blame. Talk with a trusted family member, friend, or caregiver before sending money or sharing information in response to an unexpected request.

Create a Family or Caregiver Fraud-Prevention Plan
Families can reduce the risk of government-impersonation scams by agreeing in advance on how to handle unexpected calls, texts, and requests involving benefits or personal information.

Choose a trusted contact. Agree on whom the older adult will call before sending money, sharing personal information, or responding to an urgent matter. This could be a family member, friend, caregiver, attorney, or other trusted advisor.
Create a family code word. A code word can help relatives confirm that an urgent call or text is genuine, especially when a scammer pretends to be a grandchild or another family member.
Set up account alerts. With the account holder’s permission, consider enabling notifications for large withdrawals, unusual purchases, password changes, or transfers to new recipients.
Review important information together. Make sure contact information is current with banks, credit card companies, insurers, and government agencies. Knowing how to reach these organizations through official channels can make it easier to verify a suspicious request.

Open, respectful conversations can reassure older adults that they can seek help without fear of blame or embarrassment.

Limit Digital Exposure
Scammers can use information posted online to make impersonation attempts seem more personal and believable. Basic digital precautions can reduce the amount of information available to them.

Handle messages carefully. Avoid clicking links or downloading attachments in unsolicited messages, even if they appear to come from a government agency or familiar company.
Review privacy settings on social media accounts. Scammers often mine public posts for details, birthdays, family names, and routines that they can use to make impersonation attempts more convincing.

If You Encounter a Scam
Report suspected scams promptly, even if you recognized the fraud before sharing information or sending money. Reports can help investigators identify patterns, warn the public, and shut down schemes.

Social Security-related scams. Report online or call the SSA OIG Fraud Hotline at 1-800-269-0271.
Medicare, Medicaid, or other HHS program fraud. Report fraud attempts through the HHS-OIG Hotline.
General fraud reports. File with the Federal Trade Commission.

If you believe you have already shared sensitive information or sent money to a scammer, contact your bank or credit card company immediately to limit further loss. Consider placing a fraud alert or credit freeze with the major credit bureaus.

The Rule That Can Prevent Most Impersonation Scams
No legitimate government agency will ever ask someone to move money to “protect” it, demand payment in gift cards or cryptocurrency, or ask for a Social Security number to determine benefit eligibility. Older adults and their families can help prevent fraud by verifying unexpected contacts and seeking advice before acting.

It was  rainy morning at The Reserve at Mission, but that didn't dampen the energy! It was wonderful connecting with mem...
08/06/2026

It was rainy morning at The Reserve at Mission, but that didn't dampen the energy! It was wonderful connecting with members of the The Leawood Chamber, making meaningful new connections, and exchanging fresh ideas. Looking forward to seeing these conversations grow into great opportunities!

Meet Kellie K. Warren, JD! Kellie Warren, a lifelong Kansan, while working with clients also currently serves as a legis...
07/31/2026

Meet Kellie K. Warren, JD! Kellie Warren, a lifelong Kansan, while working with clients also currently serves as a legislator in the Kansas Senate, representing the 11th Senate District, and chairs the Judiciary Committee.
Education
• University of Kansas School of Law, J.D.
• Cornell University, B.A.
• Shawnee Mission South High School
Professional Career
• For over three decades, whether at a large multi-state/international firm or more local-focused small firm, Warren has consistently aided clients in navigating their most challenging legal issues with clarity, confidence, and a steady hand. She is grounded in the belief that effective representation requires not only legal skill and knowledge, but also genuine partnership with the people she serves. She is open and direct, addressing legal needs and guiding solutions.
Legislative Work
• As a senator, Warren continues to help lead various bipartisan legislative efforts, including property tax reform, fighting crime and strengthening public safety measures, educating kids, and cutting unnecessary government red tape. She serves as chair of the Senate Judiciary Committee, the Joint Committee on Administrative Rules and Regulations, and the Joint Committee on Corrections and Juvenile Justice Oversight, and also serves on the Transportation, Utilities and Financial Institutions and Insurance committees.
https://www.kansascity.com/opinion/readers-opinion/guest-commentary/article315472677.html
Personal Life
• Family: Kellie Warren resides in Leawood, Kansas, with her husband, Patrick Warren, and they have four children, who are all immensely fond of the family yellow lab.

Our Administrator, Desiree and our very own Estate and Elder Law attorneys,  had the pleasure of meeting with MaKayla Si...
07/31/2026

Our Administrator, Desiree and our very own Estate and Elder Law attorneys, had the pleasure of meeting with MaKayla Simma of Next Level Senior Advisors-KC Metro this morning. They enjoyed a wonderful networking opportunity while discussing how MaKayla helps families navigate care options for their aging loved ones. It was a meaningful and enjoyable meeting focused on supporting seniors and their families in our community. We also enjoyed the coffee MaKayla brought us! Thank you, MaKayla!

We had such a wonderful time surprising our amazing administrative assistant, Patty, with a birthday celebration! Patty ...
07/30/2026

We had such a wonderful time surprising our amazing administrative assistant, Patty, with a birthday celebration! Patty is truly appreciated and loved, and we are so grateful for everything she does. Wishing her a very happy birthday filled with joy, laughter, and happiness!

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

Alerts

Be the first to know and let us send you an email when Berger Estate & Elder Law, P.A. posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Business

Send a message to Berger Estate & Elder Law, P.A.:

Shortcuts

Share