lawyer who specializes in senior care

Elder law attorneys, also called elder care attorneys, estate and trust attorneys, or Medicaid lawyers, assist persons in preparing for long-term care and death. They assist seniors in a large and diverse array of legal tasks, which encompasses retirement planning, estate planning, creating wills and durable power of attorney, preparing for long-term care, appointing guardianship, creating trusts, and in some cases, Medicaid planning and appeals.

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What questions should I Ask an elder care attorney?

Jan 25, 2022 · 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 is elder law and how can it help you?

May 17, 2021 · 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 adults, which are …

What is an elder care attorney?

Nov 20, 2021 · What does an elder law attorney do? 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; Veterans benefits; Estate planning

What does an elder law attorney do?

Dec 22, 2021 · Attorneys who specialize in elder law focus on preparing these documents for clients and assist with the estate planning process. Traditionally, seniors would contact a local lawyer specializing in elder law to draw up these documents, but consulting with a lawyer can be time consuming and expensive.

What is estate planning?

Estate planning is the process of making arrangements for what happens to your assets after you pass away. Your estate includes all property owned...

Do I need to update my will if I move?

You should review your will and update it after any major life events, including when you move interstate. Many wills remain valid even if you relo...

What information and documents should I have ready when I start the estate planning process?

Before you begin preparing your estate planning documents, you should:

Can my will be contested?

Wills can only be contested during the probate process if there are valid concerns about the will itself or the preparation process. Common reasons...

What if I need elder law services other than estate planning?

Most online elder law services are focused on estate planning. If you have other legal matters to discuss that are related to elder law, you’ll wan...

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:

How to find an elder law attorney?

2 ways to find an elder law attorney. 1. Get a referral from someone you know. Getting a referral from family or a friend is a great way to find a lawyer.

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.

How to consult with an elder law attorney?

While online elder law services make estate planning affordable and accessible, they might not be right for your unique situation. If you have a simple estate, online legal services that prepare your documents by putting your interview answers into a template should cover everything you need. However, if you have a large estate or complicated assets, you should consider consulting directly with a lawyer for the estate planning process. Other situations where you may want to go directly a lawyer include: 1 You have a reason to believe someone will dispute your will 2 You have children who are minors 3 You have a special needs dependent 4 You’re confused about the estate planning process

What is elder law?

As with any legal matter, elder law and estate planning services often use specialized terminology that can be confusing for people who aren’t in the industry. In order to understand exactly what each company is offering, it’s important to have a solid understanding of some commonly used terms. These definitions will be useful to you as you begin shopping and comparing services.

What is Law Depot?

With a document library created by real lawyers, Law Depot makes it simple for you to create personalized legal documents at an affordable rate. Founded in 2001, the company offers an extensive range of documents including contracts, business documents, and estate planning resources.

What is a will and testament?

Wills , or your last will & testament, are fairly simple legal documents that detail who will receive your money, possessions, and pets once you pass away. In your will, you’ll also appoint an executor, stipulate how any debts you owe are to be paid, and appoint a guardian for any dependent children you have.

How much does LegalZoom cost?

Pricing for individual documents starts at $39 for a Living Will, $69 for a Will, and $249 for a Living Trust. But one of the biggest benefits LegalZoom offers is its discounted bundles.

When was LegalZoom founded?

Founded in 2001, LegalZoom is regarded as an industry leader in online legal services. With a massive library of legal documents, access to real attorneys, and a simple to use interface, it has made legal services accessible and affordable for everyone, including seniors.

Who do you need to prepare your final wishes?

When preparing your documents, you’ll need to designate agents, trustees, and executors who you trust to carry through with your final wishes. While you likely already have a good idea of who these people will be, you’ll need to discuss their specific duties with them to ensure that they’re willing and able to complete the job. Have an open conversation and allow them to ask questions or address any concerns they might have.

What do elder law attorneys do?

What Elder Law Attorneys Do? Elder law attorneys, also called elder care attorneys, estate and trust attorneys, or Medicaid lawyers, assist persons in preparing for long-term care and death. They assist seniors in a large and diverse array of legal tasks, which encompasses retirement planning, estate planning, creating wills and durable power ...

What is the role of a Medicaid attorney?

On the other hand, Medicaid attorneys often focus more on the legal aspects of Medicaid planning, such as creating Medicaid asset protection trusts or Qualified income trusts, which makes them the better option for this type of assistance.

What is Medicaid asset protection trust?

One such strategy that elder law attorneys can implement is a Medicaid asset protection trust (MAPT). This type of trust not only prevents one from becoming ineligible for Medicaid due to gifting assets ...

What is a Miller Trust?

An option to meet the income limit in this case is a Miller Trust, often referred to as a Qualified Income Trust (QIT). In oversimplified language, income that is over Medicaid’s income limit is put into an irrevocable (meaning it cannot be changed or cancelled) trust to be used for very specific purposes.

What is a medicaid planner?

For persons who have Medicaid cases that are fairly simple and straightforward, a Medicaid planner, also called a Medicaid specialist or a Medicaid Advisor, might be a good option. Working with a professional Medicaid planner can be a lot more cost efficient than working with a Medicaid attorney.

How does Medicaid annuity work?

This strategy reduces one’s countable assets, while at the same time , protecting some of them for family. Essentially, Medicaid applicants gift approximately half of their “excess” assets (assets over Medicaid’s limit) to their loved ones and then purchase an annuity with the remaining “excess” assets. (An annuity turns countable assets ...

How long does it take for Medicaid to pay for long term care?

Medicaid attorneys and specialists also assist with crisis planning, which occurs when a senior needs Medicaid benefits within 30-60 days.

What an Elder Law lawyer can do for you

An attorney who specializes in elder law will help an elderly or disabled family member or loved one arrange long-term healthcare and estate planning. Establishing a healthcare power of attorney and planning end-of-life decisions, such as do not resuscitate orders and beneficiaries of an estate, can all be done with help from an elder law attorney.

Why hire an Elder law attorney

Elder law attorneys and elder care lawyers deal with issues related to elderly and disabled people. They write wills, answer tax questions, and plan strategies for obtaining disability, Social Security, Medicaid, and Medicare payments.

Did you know?

According to a report by the Schuyler Center, 56% of elder abuse victims identified family members as suspects. Eighteen percent cited a home care worker, while 24% identified a friend. Additionally, only one in seven power of attorney-related cases are prosecuted.

What can an elder law attorney do?

Elder law attorneys are also able to help you protect elderly family members from issues such as elder abuse and financial scams that target elderly victims . A lawyer can help you determine whether this should involve a conservatorship or other type of protective measure.

What is elder law?

An elder law attorney can help you make the right decisions that apply to your own future and to the care of your loved ones.

Is it a good idea to research your lawyer before hiring?

It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can: Ensure the attorney is currently licensed to practice in your state.

What is the National Academy of Elder Law Attorneys?

One such organization is the National Academy of Elder Law Attorneys, Inc., or NAELA. With more than 4,200 attorney members, NAELA helps its constituency receive the continuing education necessary to stay up-to-date on elder law topics. Another such organization is the Special Needs Alliance.

How to become an elder law attorney?

According to NELF, some of the requirements for certification include: 1 Being licensed as a lawyer in one or more states 2 Practicing law for five years or more 3 Maintaining a level of excellence of all the bars 4 Demonstrating involvement in practicing elder law 5 Finishing at least 45 hours of continuing education in elder law in the last three years 6 References from five attorneys 7 Passing a certification examination

What are the requirements for a lawyer license?

According to NELF, some of the requirements for certification include: Advertisement. Being licensed as a lawyer in one or more states. Practicing law for five years or more . Maintaining a level of excellence of all the bars. Demonstrating involvement in practicing elder law.

Does the government make the health care system impenetrable?

State laws vary and change all the time. "The government has made the health care system almost impenetrable," says Goldberg, listing some of the systems many facets including, Medicare, Medicaid, veteran's benefits and various tax laws [source: Goldberg]. "Elder law attorneys can serve as guides through the health care [system]."

What is Medicare and Medicaid?

Medicare is a federal medical insurance program for people over 65 years of age and for younger people with certain disabilities.

What is Medicaid financing?

Take Medicaid for example. Medicaid is a federal program that provides health-care financing to certain people with low incomes. But, the program is managed at the state level, with each state drawing up its own rules and procedures [source: U.S. Department of Health and Human Services ].

What does it mean when an attorney steps outside of his office?

When an attorney steps outside of his daily practice to help educate people about the numerous issues facing the elderly, it not only shows that interest in his career, but also his true dedication to the community at large.