what is elder law and do i need a lawyer

While “elder law” may not be the first thing to come to mind when hearing the word “attorney,” the need for attorneys in this field of law is undeniable. What Is Elder Law? The field of elder law caters to the planning needs of senior citizens. It usually includes three major components: estate planning, guardianships and Medicaid

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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:

When should one consider hiring an elder law 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 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.

Who needs to hire an elder law attorney?

You might also need an elder law attorney to help you transfer assets if you or your spouse move into a nursing home to avoid spending your life savings on long-term care. Healthy people over 65 are in the best spot to do more than having estate planning documents prepared.

What is elder law in Canada?

Elder Law encompasses a broad range of issues, including: Page 2 -2- • estate, life, financial and disability planning; • legal capacity counseling; • nursing home residents' rights and quality of long-term care issues; • elder abuse and exploitation; • age and disability discrimination in employment and housing; and • ...

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 New Jersey?

Elder law deals with specific legal issues faced by senior citizens. It combines elements of estate planning, trusts, wills, conservatorships, guardianships and other issues that confront older adults such as Social Security and Medicare.

How do I get power of attorney for elderly parent in PA?

A POA in Pennsylvania must be dated, signed by the principal, witnessed by two adults, and notarized. If the principal is not able to write, he or she may sign by making a mark (such as an "X") or by directing another person to sign on his or her behalf.

What is a cela?

The Certified Elder Law Attorney (CELA) certification has frequently been referred to as “the gold standard” for elder law and special needs practitioners. This reflects the hard work and proof required before an attorney can proudly proclaim that he or she holds the valued designation.

What are the legal issues that elder law attorneys deal with?

Most elder law attorneys deal with a wide range of legal issues affecting older or disabled people, including issues related to health care, guardianships, retirement, Medicare, and Medicaid, among other important issues .

Why do we need elder law?

Having elder law plans will allow an elderly person to be financially independent and have long-term care options to help them maintain financial independence.

Why is it important to hire a lawyer?

It is important to hire a lawyer with experience and knowledge in the area of concern you have. He or she should also know how laws in other fields might affect the action being taken.

What is the time of your life when you need assistance?

Old age is a time in your life when you’re most in need of assistance and support.

Is elder law the same as estate planning?

There is no doubt that elder law and estate planning are two distinct areas of practice, and an elder law attorney may not always possess the same capabilities as an estate planning attorney or vice versa.

What is elder law?

Elder law is a practice area defined by the people whose legal needs are served—senior citizens. It is an area of law which grew out of the need for estate planning attorneys to address legal problems facing older clients and their children. Elder law is a remarkably diverse area of practice. It encompasses issues affecting the lives of the “elderly,” a population which may include anyone from a ninety-five-year-old nursing home resident to a sixty-five year-old tri-athlete or, for one of our firm’s clients, a ninety-four year old Senior Olympian. An elder law attorney must understand and offer advice about Medicaid, Medicare, Social Security, guardianship proceedings, estate planning, nursing home care, pension and other retirement plans, elder abuse, family matters (such as the “meddling” child), grandparent visitation, and prenuptial agreements.

Why do seniors need to be protected?

Seniors often need protection against creditors, estate tax avoidance, probate avoidance, as well as help planning for long term care needs. In today’s world, the rising cost of long-term care for seniors and aging baby boomers is a legitimate health care crisis that requires a determined advocate fighting for your rights.

What is a durable power of attorney?

Durable powers of attorney allow you to choose an agent to act on your behalf in the case of future incapacity or temporary absence. A durable power of attorney authorizes another person (your agent) to make financial decisions on your behalf. These can include transacting business, transferring real estate, or simply paying bills.

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 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 many people are over 65?

There are now more than 40 million Americans over the age of 65, and that number is steadily increasing. In lockstep with greater longevity, the availability — and complexity — of federal programs created to assist the aging population is also growing. That’s where an elder law attorney can help.

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 does it mean to be an elder law attorney?

An elder law attorney can help you plan for what will happen if you should become mentally or physically incapable of taking care of yourself and your own personal business matters.

Who can explain elder law options?

An elder law attorney can explain these options to you so you can have a plan in place for such an eventuality.

How Much Will a Lawyer Cost?

That old Latin saying “caveat emptor” or “buyer beware” certainly applies to elder law matters if you're thinking of handling things yourself with a little store-bought assistance.

What does "one wrong word" mean in elder law?

One wrong word or move can mean the difference between a good result and disaster should you become incapacitated or if other unexpected issues should occur in your senior years.

Do elder law attorneys charge by the hour?

Many elder law attorneys charge by the hour so you'd only have to pay for their time to deal with the specific issues that are of concern to you. Others offer "package deals.". They'll provide various services under the umbrella of one fee.

Is elder law the same as estate law?

Elder law isn't the same thing as estate law , although they cover some of the same issues. Elder law addresses your finances and property in such a way as to best provide for you and your family while you're still alive.

Is the National Academy of Elder Law Attorneys a non profit organization?

The National Academy of Elder Law Attorneys is comprised of lawyers who specialize in this field. It's a non-profit organization that's been around to assist seniors since 1987. Members are located in the U.S., Canada, the United Kingdom, and Australia. You can search their website for assistance in finding someone in your area to work with you.

What is an elder law attorney?

Elder law attorneys in Sonoma County and elsewhere help senior citizens navigate complex legal issues facing them. An elder law attorney handles a wide range of legal matters affecting elderly people , including health care, guardianship, Medicare/Medicaid, and Social Security.

Do senior citizens need elder law?

Here are some situations in which senior citizens must seriously consider hiring an elder law attorney: They are entering a nursing home for long-term care, and want to preserve/transfer assets to secure their spouse’s future. They want to file a Medicare or Medicaid claim or a social security and disability claim.