Elder law is focused primarily on the needs and laws governing the treatment of the elderly. Unique legal issues can plague older adults as well as their families, and elder law attorneys are well versed in the protections available for the elderly.
Not long ago, elder law was not a specialization for attorneys. Many people sought the advice of a general attorney for their will and estate planning as well as their business contracts. In elder law, the attorney is specialized and knowledgeable about the laws regarding the elderly.
Elderly family members might need to be in a nursing home as they the ability to care for themselves. It can be tough for family members to navigate the complicated arena of health insurance, as well as Medicaid, without an adviser who knows the qualifications of insurance programs. Before seniors are unable to care for themselves, they can see an elder law attorney to plan for the future, too.
This is commonly known as creating a will, but there is more to the process. There are probate and tax issues to consider. It does not matter how much money or what kind of property will change hands. The planning should be done with the guidance of an elder law attorney who will advise you on the documents you need.
A living trust is essentially the same as a will but with a slight difference. A will only becomes active after the person has died. A living trust dictates your preferences in the case that you are alive but no longer able to make sound decisions. It can be helpful to plan finances as well as living arrangements in case you are unable to do so. An elder law attorney can help you protect your assets, appoint a trustee, and other complex tasks.
Fraud, Neglect, and Protection
Unfortunately, elder abuse is a real threat to seniors. It can come in the form of fraud, neglect, or outright abuse. An elder law attorney will be able to find the right resources for seniors who are being exploited. In some cases, it can be nursing home abuse. Sadly, not every nursing home has the best interests of the senior at the forefront. Seniors can be the target for frauds from family as well as strangers. An elder law attorney will be able to protect a senior from these issues.
When an older adult loses the ability to make decisions, someone has to step in to fill that void. Often, it is a family member. In other cases, the court has to appoint a guardian to make decisions. An older adult can decide who should be their guardian long before it is a necessity. An elder law attorney can help with the process.
In elder law, it is important to have an attorney who is familiar with the intricacies of the law. The attorney should know about local resources and be able to direct the senior and his or her family to the correct organizations for help.
We will be able to help protect you or your family member, as well as help you navigate the confusing rules and regulations. Call us today or fill out our online contact form, and we will get back to you within 24 hours.