how can elder lawyer help

An elder law attorney can help with any one of the following:

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

Full Answer

What all attorneys should know about elder law?

Elder law attorneys can advise regarding such issues as Continuing Care Retirement Community contracts, Family Agreements and also special rules that help for those who would go on Medicaid. Both could develop plans collaboratively that continue to be modified over time. This is just a beginning only limited by creative imagination.

What questions should I Ask an elder law attorney?

What Questions Should I Ask At My First Meeting With An Elder Law Attorney? NAELA also has a recommended list of questions to ask when you choose an elder law attorney you want to work with. Once you’ve explained your particular situation and the reason for your meeting, you’ll want to find out the answer to the following issues:

What is the elder law attorney needs to know?

• The 2015 Elder Education Program from the Massachusetts Bar Association is a handy resource with additional information on elder law.
• Click on this link for the MassHealth website.
• To download a MassHealth application in English or Spanish, click here.

More items...

What does an elder care attorney really do?

• Family asset protection planning for long term care. Using legal and ethical planning tools, personalized for each family, they assist families to obtain public benefits, including various types of Medicaid ...
• Estate planning. ...
• Guardianship. ...
• Guardianship advocacy. ...
• Special needs planning. ...
• Probate and trust administration. ...

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...

How Elder Law Became a Practice

The Older Americans Act (OAA) was signed into law by President Lyndon B. Johnson and is credited by the American Bar Association with being the foundation for the practice of elder law. The OAA was the first initiative on a federal level to address and provide a wide range of services for senior citizens.

What Areas of Life Can an Elder Law Attorney Be Helpful?

At some point in our life, chances are good we will need the help of an attorney. As we age and begin planning for our retirement future, and ultimately, our death, seeking counsel from an elder law attorney can be beneficial. Attorneys who practice elder law are knowledgeable in several areas that directly affect senior citizens.

What Questions Should I Ask When Choosing An Elder Law Attorney?

If you decide that speaking with an elder law attorney is right for you, there are some questions you will want to consider asking before entering into an agreement. The National Academy of Elder Law Attorneys (NAELA) says in your initial phone call to an attorney’s office, you may end up speaking with the attorney’s secretary or office manager.

What Questions Should I Ask At My First Meeting With An Elder Law Attorney?

NAELA also has a recommended list of questions to ask when you choose an elder law attorney you want to work with. Once you’ve explained your particular situation and the reason for your meeting, you’ll want to find out the answer to the following issues:

How Do I Find An Elder Law Attorney?

If you would like to find an elder law attorney to speak with or work with, asking your friends and family who they recommend is always a good place to start. The National Elder Law Foundation (NELF) is the only national organization that certifies elder and special needs law attorneys.

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.

What is a caregiver in a long term care facility?

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.

Is long term care insurance good?

Long-term care insurance that can cover care expenses later may have premiums of thousands of dollars per year, and it needs to be purchased when you’re healthy.

What is an elder law attorney?

From planning for the future, like making sure an estate plan is in place and establishing a durable power of attorney, to dealing with money matters in the here and now, such as tax guidance and coordinating with financial planners, an elder law attorney is typically well-versed in looking at clients’ larger financial picture.

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.

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 elder law attorneys do?

Elder law attorneys can identify and alert family members to financial exploitation they might otherwise have missed. When Dad and Mom slow down or their health declines, that gives a bad neighbor the opportunity to come over and start ‘helping out’ or an unscrupulous adult child to obtain access to financial accounts, says Simasko.

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 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.

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, ...

What Is an Elder Law Attorney?

Elder law attorneys specialize in working with seniors or caregivers of aging family members on legal matters that older adults face as they age. Some elder law attorneys have the designation of Certified Elder Law Attorney (CELA), a certification issued by the National Elder Law Foundation.

When Do You Need an Elder Law Attorney?

As you age, the legal issues that you, your spouse or your family caregivers face can change. For example, it’s important to have durable powers of attorney for financial and health needs in case you or your spouse becomes incapacitated.

What Can an Elder Law Attorney Do for You?

Elder law attorneys can help with a long list of legal matters seniors often face, including:

How Much Do Elder Law Attorneys Charge?

The cost to hire an elder law attorney depends on which legal services are needed, the city or region in which you live and the level of the attorney’s experience and education in elder law.

Tips for Finding the Best Elder Law Attorney for You

Before you hire an elder law attorney, the National Academy of Elder Law Attorneys (NAELA) recommends first making sure you’re facing a legal matter that requires an elder law attorney’s expertise.

Sources

Questions and Answers When Looking for an Elder Law and Special Needs Planning Attorney. National Academy of Elder Law Attorneys. Accessed September 9/22/2021.

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 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 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.

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.