what is elder lawyer

What questions should I Ask an elder law attorney?

 · Elder law attorneys are knowledgeable in all areas of government assistance available to seniors. Congress determined the Older American Act was needed to ensure that critical services be available to older Americans to keep them healthy and independent for as long as possible. How Elder Law Became a Practice

When should one consider hiring 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.

What all attorneys should know about elder law?

 · An elder law attorney is a great resource for connecting you with other agencies that can help with long-term care and aging. Elder Law and Guardianship, Conservatorship, and Financial Administration One understated aspect of elder law is navigating the complexities of family dynamics.

Who needs to hire an elder law attorney?

 · 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.

What is the legal definition of an elder?

1. The Older Americans Act provides services to people as young as 55 years old. 2. The Centers for Disease Control and Prevention defines an “older adult” as someone who is at least 60 years old.

What is elder law Australia?

Elder law in Australia is a developing and increasingly popular part of the practice of law. Elder law also involves other professionals including medical practitioners and aged care nurses, financial planners, accountants and students in nursing, law and medicine.

What are six forms that elder abuse might take?

The National Center on Elder Abuse distinguishes between seven different types of elder abuse. These include physical abuse, sexual abuse, emotional abuse, financial/material exploitation, neglect, abandonment, and self-neglect. Physical abuse.

Where do I report financial abuse of the elderly in Australia?

If you have concerns about potential or actual elder abuse, call the national 1800 ELDERHelp line on 1800 353 374. This service provides information on how you can access help, support and referrals in your area.

What is financial elder abuse in Australia?

In basic terms elder financial abuse occurs in Australia where family members or trusted friends, or strangers, cheat an older person out of their assets, that is their home or their savings or any valuable items they may possess. They may so this by forgery, lies, misrepresentation or manipulation.

What is elder abuse according to the aged care Act 1997 definition?

Although there is no uniform global definition of elder abuse, the World Health Organisation defines it as: "A single or repeated act or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person."

Is there mandatory reporting of elder abuse in Australia?

Where the abuse of the older person is reported to have occurred in a Common- wealth-funded Residential Aged Care setting, mandatory reporting applies and agencies should report to the Australian Government Department of Health on 1800 081 549.

Is elder abuse a crime in Australia?

The Australian Capital Territory (ACT) has passed legislation to criminalise abuse against an older person, or vulnerable people, which will be the first law of its kind in Australia.

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 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 long term care?

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. To receive care in a nursing facility, you typically would have a medical need such as wound care or intravenous injections.

Does long term care insurance cover nursing homes?

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. Certain life insurance policies may be amended to help finance in-home care, adult foster homes, assisted living, and nursing facilities.

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 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.

Can you gift assets to Medicaid?

This is because Medicaid has a look back period. During this period, an applicant cannot gift assets or sell assets for less than market value in an attempt to meet Medicaid’s asset limit.

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 long does Medicaid look back?

The look back period is 5 years in all states except California (Medi-Cal has a 2.5 year look back).

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.

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.

What is EAP in retirement?

Employee Assistance Program (EAP)#N#Contact your component's EAP for personalized legal referrals to assist with estate planning, or for financial consultation to help you plan for your retirement, and to help you manage financial concerns that your elderly relatives might be facing.

How to get your affairs in order?

Information about getting your affairs in order: 1 Employee Assistance Program (EAP)#N#Contact your component's EAP for personalized legal referrals to assist with estate planning, or for financial consultation to help you plan for your retirement, and to help you manage financial concerns that your elderly relatives might be facing. 2 Centers for Medicare & Medicaid Services#N#800-633-4227 (toll-free)#N#877-486-2048 (TTY/toll-free)#N#www.medicare.gov 3 Eldercare Locator#N#800-677-1116 (toll-free)#N#www.eldercare.acl.gov

How to become an elder law attorney?

Although the specific requirements for certification as a specialist in elder law may vary from state to state, many states recognize the elder law certification issued by the National Elder Law Foundation (NELF). That organization sets forth the following requirements in order to qualify as a certified elder law attorney: 1 The attorney must be licensed to practice law in at least one state or the District of Columbia. 2 The attorney must have practiced law for at least five years before applying for certification and must be practicing law at the time of their application. 3 The attorney must be a member in good standing in the bar where they are licensed. 4 The attorney must have spent an average of at least sixteen hours per week practicing elder law in the three years preceding the application and have handled at least sixty elder law matters during those three years. 5 The attorney must have participated in at least forty-five hours of continuing legal education in elder law in the three years prior to their application. 6 The attorney must submit the names of five attorney references who are familiar with his or her competence and qualifications. 7 The attorney must pass a full day certification examination.

How many hours do you need to be an elder law attorney?

The attorney must have spent an average of at least sixteen hours per week practicing elder law in the three years preceding the application and have handled at least sixty elder law matters during those three years. The attorney must have participated in at least forty-five hours of continuing legal education in elder law in ...

What is a certified specialist in elder law?

A certified specialist in elder law is an attorney who has received specific training in elder law issues, has practiced in that field for a certain amount of time, and has been certified as highly qualified in elder law by their State Bar or by another accrediting organization. The title of “certified specialist,” is an important qualification, ...

What is elder law?

Elder law encompasses all aspects of planning for aging, illness, and incapacity. Elder law attorneys must be particularly sensitive to the wide range of legal issues that affect elder clients, including: Health and personal care planning: Including powers of attorney, living wills/health care directives, and family issues.

How to contact Elder Law?

To learn more about how we can be of assistance or to schedule a consultation, please call us 715-808-0610.

What are financial issues?

Financial issues: Including financial planning, asset protection, housing opportunities, and financing, and tax issues with income, estate, and gift taxes. Planning for a well spouse: What to do when one spouse lives independently and the other requires long term care.

What is capacity planning?

Capacity planning: Including guardianship, guardianship avoidance, and other necessary planning for a time when one’s capacity has diminished.