elder care lawyer what can they do

Elder law attorneys are advocates for the elderly and their loved ones. Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid

, and other important matters.

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What does an elder care attorney really do?

 · The main purpose of an elder law attorney is to help aging Americans to legally navigate through the issues of life that arise simply because of age. They can offer legal guidance and counseling on preparing for long-term care, choosing retirement plans, planning and settling your estate and a host of other issues that older Americans may face.

What questions should I Ask an elder care attorney?

 · Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters. In many ways, elder law attorneys are "specialists" because of their focus on the needs of older …

What questions should I Ask an elder law attorney?

An elder law attorney, sometimes referred to as an elder care attorney, can help older adults and their families navigate the complicated financial and legal decisions they face. It’s a growing specialization, with nearly 500 certified elder law attorneys across all 50 states.

What all attorneys should know about elder law?

 · Elder law attorneys will consider how you can meet the rising costs of caregiving. Consulting with a financial planner who is versed in elder law can also help you plan ahead to pay for the cost of care. How early you start planning may impact your options and how your future needs may be funded.

Should I hire an elder law attorney?

Elder law attorneys are great resources to address multiple aspects of old age, including medical questions and financial concerns. Everyone’s circ...

What is the difference between estate planning and elder law?

Elder law incorporates elements of financial and estate planning, but it also considers a broader perspective such as medical concerns and other is...

How much does an elder law attorney cost?

These attorneys cover a wide price range, so it’s difficult to put a definitive price tag on services. Expect to pay in the $500 range for an initi...

Are elder laws attorneys worth it?

It depends on what services you require. If a professional can help ensure affordable medical care and avoid costly taxation in estate planning, th...

What does elder law include?

It is a broad category that includes long-term care planning, navigating Medicare and Medicaid, estate and financial planning, guardianship, conser...

What is an elder law attorney?

Elder law attorneys are advocates for the elderly and their loved ones. Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters.

Why are elder law attorneys considered specialists?

In many ways, elder law attorneys are "specialists" because of their focus on the needs of older adults, which are often different and more specialized than the needs of younger adults.

What is the importance of wills and estate planning?

Discuss the importance of wills and estate planning, including planning for a minor or adult with special needs, probate proceedings, and other matters. Create a durable power of attorney. Provide help with health care and planning, including long term care options, patient rights, Medicare, and health care power of attorney.

Do elder law attorneys specialize in every area of law?

Most elder law attorneys do not specialize in every area of law affecting seniors, so it is important to hire an attorney who has experience in your particular area of concern.

What does an elder law attorney do?

Elder law attorneys often work in conjunction with other professionals in various fields to coordinate care, legal protections, and financing. The issues they may tackle include:

What is elder law?

An elder law attorney, sometimes referred to as an elder care attorney, can help older adults and their families navigate the complicated financial and legal decisions they face. It’s a growing specialization, with nearly 500 certified elder law attorneys across all 50 states.

How to get referrals for legal counsel?

Ask for referrals from friends and family who have hired legal counsel to handle similar issues and in similar circumstances. You don’t need to delve into the nitty-gritty details of your friend’s legal affairs, but you will want to ask what matters the attorney helped with and how satisfied your friend was with the level of service.

What happens when a person is unable to make decisions for him or herself?

When a person is unable to make decisions for him or herself, whether it be paying utility bills or choosing a doctor, someone needs to assume responsibility for that individual’s affairs. If no one has the legal authority to act, the court will appoint a legal guardian.

Do elder law attorneys specialize in every area of law?

It’s important to note that elder law attorneys do not necessarily specialize in every area of law affecting seniors. If you’re especially concerned with a matter of guardianship, for instance, or need guidance on government benefits, take care to find an attorney with experience in that area.

What can an elder law attorney do?

An elder law attorney can help determine whether you are eligible for either program, discuss strategies for spending, advise whether it is in your best interest to apply, and help with the application process. Medicaid may be able to serve as a partial funding mechanism even if you have significant resources available.

What is elder law?

Elder law incorporates elements of financial and estate planning, but it also considers a broader perspective such as medical concerns and other issues facing older adults. Estate planning deals primarily with financial planning for persons of any age and protecting assets when an individual passes away.

Why is a power of attorney considered a legal issue?

Because a power of attorney provides less authority than guardianship or conservatorship, there can be some legal dispute over actions taken by an agent. POA abuse is also an issue since it could involve coercion, in which an older adult is made to give POA against his or her will.

What is in home care?

Another option, in-home caregiving, is where a caregiver goes to your home to assist with the activities of daily living, including bathing, hygiene, dressing, mobility, transfers, and cognition. Caregivers can include family members, independently hired home-care workers, and in-home care agencies.

What to consider when choosing a representative?

Some common aspects to consider in choosing representatives are where they live, their relationship to one another, their professions, and how busy they are. Sometimes these conversations seem invasive, but they are vital to determine who is acting in your best interest, who will be supportive in the future, and who you can trust to assist in executing your affairs.

What is long term care?

Long-term care facilities also provide care and assistance with the activities of daily living, but the staff is present during the night to respond to issues more quickly. To receive care in a nursing facility, you typically would have a medical need such as wound care or intravenous injections.

Is it too early to seek elder law counsel?

It’s never too early to seek the counsel of an elder law attorney. Planning your affairs — even before retirement — can save years of headaches. Finding a professional you trust can be tough. Contacting current financial planners, attorneys, medical professionals, friends who have enlisted such services, or members of your social clubs may be beneficial. You can also search online at the National Association of Elder Law Attorneys.

How can an elder law attorney help seniors?

2 ways an elder law attorney helps seniors and family caregivers. 1. Plan for the future and protect assets. An elder law attorney has the expertise to make recommendations on how to plan for future care needs. They often answer questions like:

Who can work with elder law attorneys?

Similarly, financial advisors, accountants, and fiduciaries (someone legally appointed to manage money) are professionals who often work with elder law attorneys. If you know and trust one of these professionals, ask them for a referral. 2. Check the National Academy of of Elder Law Attorneys.

What is elder law?

Elder law is a specialized legal area focused on older adults and their adult children. This legal specialty focuses on specific needs, including: Power of attorney and other important legal documents. Long term care planning and paying for care. Medicare and Medicaid planning.

Why is elder law important?

Having the essential legal documents in place gives you the necessary legal rights to provide the best care for your older adult, now and at the end of life. That’s why it’s so important to find an expert lawyer that you trust to draw up the right documents.

What to ask prospective attorneys about power of attorney?

For example, if they need a Power of Attorney, long term care planning, and estate planning, ask prospective attorneys to describe their experience with those matters.

How to remember what each lawyer said?

To help you remember what each lawyer said and how you felt about them, be sure to take notes during and after each meeting.

What to do if you know and trust one of these professionals?

If you know and trust one of these professionals, ask them for a referral.

How to find an elder care attorney?

Search NELF or NAELA to find a certified elder care attorney in your city or state. You can also visit NAELA for more information about elder law attorneys. As you search, remember that you’re looking for an impartial person who will keep your loved one’s best interests at heart.

What is elder law?

According to the National Academy of Elder Law Attorneys, elder law encompasses many fields of law, with elder law attorneys specializing in numerous areas, which can include: Administration and management of estates and trusts. Elder abuse and fraud. Estate planning, probate, trusts, wills and other financial documents.

What are the challenges of elder care?

If you care for a parent, spouse, or aging loved one, you’re aware of the challenges people face as they age — health care, housing, financial well-being, and long-term care come to mind. Though these issues can feel overwhelming, an elder care attorney is specially trained to navigate the complex waters of aging, so you can devote your time to your loved one instead.

What to do if you have no durable power of attorney?

If there is no durable power attorney in place to allow an appointed person to make financial or decisions about your loved one if he or she becomes incapacitated, an elder law attorney can work with you and your loved one to prepare the documents.

What happens if you don't have a power of attorney?

If your family member becomes incapacitated and did not set up a durable power of attorney, an elder lawyer can help begin guardianship proceedings to allow you or another guardian to handle your loved one’s personal and financial affairs.

Do you have to be a certified elder law attorney?

However, a certified elder law attorney (CELA) must have practiced elder law for a certain number of hours each week for a specific number of years and participated in a required number of hours of continuing education, ...

Can an elder law attorney work with you?

If your loved one has a condition such as Alzheimer’s or another type of dementia, you may worry about their ability to make decisions regarding their care. An elder law attorney can work with you and your loved one to prepare a durable power of attorney. This allows an appointed person to make medical or financial decisions on behalf of your loved one even if they become incapacitated.

Can you afford long term care?

The fact is that most people will require long-term care and most will either not be able to afford it or will get wiped out by the cost. There are legal and ethical ways of protecting one’s life savings against the cost of care without giving away assets and without waiting out penalty periods.

Is a power of attorney a form?

A power of attorney is not a form document but instead provides a good lawyer with an opportunity to draft to his or client’s anticipated needs.

Do attorneys charge for consultations?

It is typical for personal injury or trial lawyers to do free consultations. Most successful transactional attorneys (estate planning attorneys, elder law attorneys, etc.) charge a consultation fee. In fact, this may be one way to judge the demand and therefore the reputation of a particular lawyer. If the lawyer is “giving away” his or her time or is charging less than the norm, that may be because they have to do so. Successful lawyers are busy and sometimes more expensive but the difference in fee can often be well worth it even on cases that the client think to be “simple.”

Can you have an elder law attorney?

It should be a big deal to you too. Elder Law Attorneys have specific experience in dementia-specific and health-related legal matters. It can make a very big difference in quality of life. Even if you have another type of attorney as your estate planning lawyer or family lawyer, you can still visit with an Elder Law Attorney ...

Can dementia be competent to sign documents?

Courts have found that even people in the most advanced stages of dementia can be competent to sign important legal documents. Understand that the medical definition of incapacity is different from the legal definition of incapacity.

What is elder law?

Elder law is a subspecialty of estate planning. Elder law attorneys help individuals and their families plan for retiree benefits, healthcare and long-term care, Medicaid and Medicare coverage, and home care and nursing home care. We also help with decision-making documents and provide guidance on other legal issues for seniors ...

When is Elder Law Month?

May is National Elder Law Month when elder law attorneys across the country help educate seniors and people with disabilities about their legal options and offer pro bono services. The National Academy of Elder Law Attorneys (NAELA) is the premier U.S. association of U.S. attorneys who specialize in the legal issues of older adults and individuals with special needs. Hyman Darling, a Massachusetts elder law attorney and the president of NAELA, shares his insights to 10 common questions about elder law.

Who is Beth Lueders?

An award-winning journalist who has documented stories in nearly 20 countries, Beth Lueders is an author, writer and speaker who frequently reports on diverse topics, including aging and health issues for both U.S. and international corporations. We were unable to load Disqus.

Can you put long term care in an irrevocable trust?

You can put them in an irrevocable trust. You can buy long-term care insurance, or you can take your chances and do nothing . There are waiting periods that must be met in order to protect the assets. A will helps direct who is going to be in charge of distributing your assets as you stipulate.

What can an elder law attorney do?

An elder law attorney can do everything a Medicaid specialist does, and additionally offers legal services related to aging, including:

What is elder law?

Elder law attorneys are experts in Medicaid and related issues, but their expertise extends to all broader issues related to elder care, aging, and the law – a wide-reaching, often complicated milieu of interrelated topics . An elder law attorney can do everything a Medicaid specialist does, and additionally offers legal services related to aging, ...

What is the difference between a Medicaid specialist and an elder law attorney?

The biggest difference between a Medicaid specialist and an elder law attorney is that Medicaid specialists are not lawyers. Likewise, elder law attorneys cannot call themselves “Medicaid specialists,” as this is not a designated law specialization.

What is a medicaid specialist?

A Medicaid specialist is a person or niche firm that specializes in establishing Medicaid eligibility, facilitating the application process, and even completing the actual application on behalf of the Medicaid recipient.

Is Medicaid a lawyer?

Typically, Medicaid specialists are not attorneys. As such, they cannot coordinate tangential issues, such as trusts, estates, and other Medicaid-related topics.

Can a nursing home help you with Medicaid?

But an assistant at the nursing home promises the added cost won’t be necessary; they’ll help with your Medicaid application. Money is tight as it is, Medicaid rules are clear, and the nursing home can help you for free.

Can an elder law attorney save you money?

If you plan to set up a trust, living will, transfer of assets , or other legal considerations related to a loved one’s Medicaid application, an elder law attorney can save you money. Lots of it. Often, elder law attorneys will employ in-house benefits specialists / Medicaid specialists, to help structure assistance and thus save you money. ...

What is elder law?

Elder law attorneys specialize in helping older adults with long-term care planning, estate planning and government benefits. Those with experience in Medicaid planning understand each state’s rules and regulations and help families by identifying comprehensive strategies to legally obtain and maintain eligibility for public benefits.

What does a Medicaid lawyer do?

A Medicaid lawyer will take all aspects of a senior’s personal and financial situation into consideration to determine when they should apply and whether additional steps must be taken to avoid disqualification for benefits.

What is a good lawyer for Medicaid?

A good lawyer will devise a personalized Medicaid planning strategy that enables an applicant to retain as much of their wealth as possible for current and future needs while ensuring they will qualify for the long-term care services they require.

What is a personal care agreement?

In some instances, a personal care agreement is a great way for a senior to compensate their family caregiver (s) while legally spending down to meet Medicaid asset and income limits. The ways in which bank accounts and even real estate are titled can help or hurt an applicant’s Medicaid eligibility as well. Attorneys are well-versed in these and many other legal, medical and financial factors that determine if and when a senior’s application is approved.

Can an elder's health and care needs change?

Of course, an elder’s health and care needs can change a great deal in that timeframe, especially if they have a chronic medical condition like dementia or Parkinson’s disease. It may be wise for some families to look into Medicaid planning even earlier to ensure they’re prepared when the need for long-term care arises.

Can an elder law attorney help with Medicaid?

Note that it is not illegal for someone other than an attorney to assist you with the application, as long as you request them to do so. That being said, not all attorneys are knowledgeable about this very narrow area of specialization. Medicaid programs differ so much between states that most Medicaid attorneys are only familiar with the rules and regulations in the state (s) where they are licensed to practice law. If you decide that your situation warrants a lawyer’s help, be sure to look for a certified elder law attorney who has specific education and experience in the area of Medicaid planning for your state.