what does an elder lawyer do

by Prof. Cassandra Pagac III 9 min read

An elder law attorney might help you with any of the following:

  • Advise you about wills and estate planning, including planning for adults or minors with special needs, probate issues, and other matters;
  • Create durable powers of attorney;
  • Provide assistance with long-term care and Medicaid planning;
  • Advise you on patient rights and Medicare;
  • Assist with financial planning;
  • Identify senior housing options;

More items...

Full Answer

What all attorneys should know about elder law?

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 questions should I Ask an elder law attorney?

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 …

What is the elder law attorney needs to know?

Mar 11, 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 does it mean to be an elder law attorney?

Jan 13, 2022 · Elder law focuses on issues that concern older people. However, it’s not just for older people. Often, the term “elder law” is a subset of estate planning where the attorney specializes in helping clients make a plan for long-term care. This will often involve the use of Medicaid in your estate plan. Elder law attorneys frequently also speak with family members of …

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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 are elder law attorneys?

Elder law attorneys are lawyers who focus on the legal issues that are involved with the elderly, and they advocate for both their elderly clients and their loved ones.

How an elder law attorney might help you

Advise you about wills and estate planning, including planning for adults or minors with special needs, probate issues, and other matters;

How elder law attorneys bill for their services

In general, elderly law attorneys bill by the hour based on the services that they provide. Some elder law attorneys may agree to charge a flat fee based on a particular type of work such as documents review, tax return filing, or will preparation.

Questions to ask an elder law attorney

Elder law attorneys may not focus on all aspects that might affect seniors, making it important for you to hire a lawyer who has experience in your area of need. Before you hire an attorney, it is also important for you to feel comfortable with him or her.

How to find an elder law attorney

There are several ways that you can find an elder law attorney. You can start by asking for referrals from friends and family and by conducting research online. However, you might want to get help from the professionals at Elder Law Direction.

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.

When does a POA become effective?

The POA can be effective as soon as you sign it or be a “springing” POA in which the rights of a durable POA do not lock into effect until certain requirements are met, such as specific medical diagnoses.

What is a POA?

A power of attorney (POA) allows you to nominate another person, called an agent, to make financial or medical decisions on your behalf. In some states, these are separated into a financial POA and a medical POA. You remain in control of who acts on your behalf and what actions your agents can take for you.

What happens when you cross all the I's and T's on a will?

When a person passes, even if all the I’s are dotted and T’s are crossed on wills, there are still more legal affairs that need to be tended to; this is the probate process.

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.

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