what does an eldercare lawyer do?

by Tony Batz Published 2 years ago Updated 2 years ago 9 min read

Elder care attorneys work in four primary areas:

Living wills & advanced directives
Guardianship
Financial representation
Nursing home abuse or neglect claims

Full Answer

What questions should I Ask an elder care attorney?

You should ask how long it will take to resolve your case and what, if any, alternative courses of action there are.
You should ask the attorney to explain the advantages and disadvantages of each possibility or outcome for your case.
Find out how many attorneys are in the office and if another one of them will be assigned to your case.

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 elder law and how can it help you?

Elder Law is a specialized area of law that involves representing, counseling, and assisting seniors, disabled individuals, and their families in connection with a variety of legal issues, from estate planning to long-term care issues, with emphasis on promoting the highest quality of life.

How to choose an elder financial abuse attorney?

You're in a second (or later) marriage
You own one or more businesses
You own real estate in more than one state
You have a disabled family member or you've become disabled
You have minor children
You have "problem" children
You don't have any children
You want to leave some or all of your estate to charity

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What is elder law in PA?

An elder law attorney deals with long-term care planning, end-of-life issues, housing assistance and options, elder abuse, neglect and exploitation, age discrimination in employment, veterans' benefits, services of the Area Agencies on Aging, the legal rights of residents of nursing facilities, and federal and state ...

What is elder law in Florida?

Elder Law is defined as any legal issue involving health and personal care planning for the senior population and their caregivers.

What are the rights of senior citizens?

The elderly have the inherent right to life, dignity, and the integrity of their persons, which shall be protected by law. The elderly have the right to be free from abuse, neglect, and exploitation. The elderly have the right to be free from discrimination.

What type of elder abuse is most common?

According to the NCOA, elders are more likely to self-report financial exploitation than emotional abuse, physical abuse, sexual abuse, or neglect. Psychological abuse is the most common type of elder abuse, according to the NCEA.

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 Questions Should I Ask an Elder Law Attorney?

Also, before selecting an elder law attorney, you should feel comfortable that he or she will represent you or your loved one in a sensitive and understanding manner.

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.

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. Elder law lawyers may handle a broad variety of issues that affect elderly people and disabled people such as health care issues, long-term care planning, retirement, guardianship, Medicare, Medicaid, Social Security, and other issues.

Why are elder law attorneys better equipped?

Elder law attorneys may be better equipped to handle the sensitive physical and emotional needs of disabled or elderly adults so that they might help in a variety of difficult situations.

How to become an elder law attorney?

An elder law attorney might help you with any of the following: 1 Advise you about wills and estate planning, including planning for adults or minors with special needs, probate issues, and other matters; 2 Create durable powers of attorney; 3 Provide assistance with long-term care and Medicaid planning; 4 Advise you on patient rights and Medicare; 5 Assist with financial planning; 6 Identify senior housing options; 7 Help you with gift tax, estate tax, and income tax matters.

What can a legal guardian do for you?

Provide assistance with long-term care and Medicaid planning; Advise you on patient rights and Medicare; Assist with financial planning; Identify senior housing options; Help you with gift tax, estate tax, and income tax matters. Attorneys may also help you to identify and choose a legal guardian and secure the guardian’s appointment. ...

Do elder law attorneys work for seniors?

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.

Can an elder law attorney file an estate claim?

If there are issues with a nursing home, and elder law attorney may help to file a claim. Finally, elder law attorneys may draft estate planning documents that your loved one needs.

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 is Guardianship?

An elder care attorney can establish guardianship over the person and conservatorship over the property if an elderly loved one is determined to be incapacitated by an acute condition or chronic health concern . Guardians have a number of responsibilities, so choosing the right guardian is essential.

Do You Need Financial Representation?

Senior citizens are among the most vulnerable to identity theft and financial abuse. An elder care attorney can act either as a financial representation to help protect an elder’s assets, or can help you establish representation by you for your loved one, as well as provide litigation services in the event that financial abuse occurs.

Nursing Home Abuse or Neglect Claims

Navigating the legal system after a nursing home abuse or neglect claim is difficult. Elder care attorneys work with the elders and their families to ensure that they get the settlement they deserve and that the nursing home is held responsible for the physical, psychological and emotional injury caused by the home’s negligence.

Clarence O. Taylor, Your Marietta Elder Care Lawyer

Elder care law seeks to protect aging loved ones from abuse, neglect, and financial difficulties, and preparing now can help improve your elderly family members’ lives later. Hiring an elder care attorney is an important decision, and needs to be carefully considered. To talk with Clarence about your family’s needs, call us at (678) 738-0056.

What is Medicaid attorney?

A Medicaid Attorney helps you plan for incapacity with documents like Financial Power of Attorney, Medical Power of Attorney, and Living Will so that designated family members can manage the finances and care of their loved one receiving long-term care.

Can you get Medicaid while living in your home?

What if you prefer to provide home care for your elderly loved one so that they can remain in their own home for as long as possible? Most states have waiver programs that still allow your elderly loved one to qualify Medicaid while receiving long-term care in the home. An Elder Law Medicaid Attorney will know the state specific waiver programs your loved one can qualify for and can help you apply for these programs as well.

Can you appeal a denied medicaid claim?

If you applied for benefits before and were denied, all is not lost. An Elder Law Medicaid Attorney can help you with a Medicaid appeal so you can get the benefits you need to pay for your loved ones care.

Can an elder law attorney help with Medicaid?

An Elder Law Medicaid Attorney can help a family create a long-term care Medicaid Planning strategy to pay for nursing home care without losing their life savings and home. This can either be done pro-actively, prior to the need for nursing home care, or more commonly in emergency situations due to a sudden illness or injury.

Can a spouse on medicaid stay at home?

In some cases, a Medicaid applicant is married and their spouse will remain at home. The spouse that remains at home is known as the non-applicant spouse, community spouse, or well spouse. To avoid the non-applicant spouse from becoming impoverished in an attempt to help the applicant spouse qualify for Medicaid, the federal government has spousal impoverishment rules to protect the healthy spouse’s assets. Medicaid Attorneys help married couples maximize the amount of assets under joint-ownership that the non-applicant spouse can retain and also helps maximize the monthly income that an applicant spouse can transfer to the non-applicant spouse.

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 ...

How much does it cost to hire an elder care attorney for Medicaid?

After the consultation / planning conference and gathering of the facts and needs, a price for services can be quoted. Medicaid planning fees can range from $3,000 to $12,000.The following factors can all impact the cost the cost of a Medicaid planning engagement. The more complicated the case, the higher the fees.

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.

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.

How to avoid looking back on medicaid?

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 (if done prior to the look back period), but it also allows one to protect assets for spouses to ensure they can live independently. Furthermore, MAPTs protect assets, including one’s home, for relatives upon the death of the Medicaid recipient, as assets in this type of trust are protected from Medicaid’s estate recovery program. This means that the state cannot attempt to be reimbursed for long term care costs for which it paid for the Medicaid beneficiary via these assets.

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.

Do elder law attorneys work for Medicaid?

Not all elder law attorneys provide Medicaid planning services and not all Medicaid planners are elder law attorneys. It is important to find a lawyer or non-attorney, professional Medicaid planner that specializes in this area and is familiar with state law.

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