what to ask lawyer for seniors

When searching for a skilled elder law attorney, it's probably good to ask if he or she belongs to any of these to test his or her interest and continuing involvement in the topic. One such organization is the National Academy of Elder Law Attorneys, Inc., or NAELA.

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What questions do you want to ask an elder law attorney?

Mar 07, 2014 · Seniors often need assistance. Those who are providing assistance sometimes take advantage of this access. They steal from elders simply because they can. There are legal steps that you can take to mitigate your exposure to elder financial abuse. This is something that you would want to discuss in detail with your elder law attorney.

What should I look for when choosing an elder law firm?

Oct 03, 2016 · Stuart Furman, Esq., an elder law attorney in California for over 34 years and author of the “ ElderCare Ready Book ” and the award winning “ ElderCare Ready Pack ” shares his expertise in the field. Top Elder Law Questions. These are the top 5 questions that Furman hears from his clients:

Do you need an elder law attorney?

Feb 02, 2022 · First is the revocable or amendable trust, which is a trust you can alter, modify, change and revoke. Second is the irrevocable trusts that you cannot revoke or change unless it says you can. Furman says that there are instances in which “irrevocable trust” can be changed and repealed. Ask your local lawyers on elder law for more information.

What should I look for when hiring a lawyer?

Margolis recommends asking the following questions before seeking representation: How long have you practiced elder law? What is your specialty? Remember some elder care attorneys are versed in Medicaid, while others are experienced in wills, trusts or probate issues. Finding the lawyer that fits your needs is key.

What is an elder law attorney?

Elder Law Attorneys include many provisions for dementia-specific and long-term care issues not found in typical powers of attorney. For example, one big issue of late is hospitals and nursing homes chasing adult children for their parents’ unpaid bills. The facilities seek the patient’s signature on the admissions agreements but they also want the children’s signatures.

What documents are needed for a living will?

It is important for most people to have these documents. For people where dementia is at issue, it is even more important. These are the documents you need: 1 a client-specific durable power of attorney containing long-term care planning provisions (generic forms rarely suffice) 2 health care directions (often referred to as Living Wills and Health Care Surrogate Designations) 3 a Last Will and Testament 4 a trust agreement.

What is the greatest threat to the finances of people over the age of 50?

The catastrophic cost of long term care is the greatest threat to the finances of people over the age of 50. People with dementia need more care for longer. Most people do not want to think about or plan for what happens when they need extended care. The fact is that most people will require long-term care and most will either not be able to afford it or will get wiped out by the cost. There are legal and ethical ways of protecting one’s life savings against the cost of care without giving away assets and without waiting out penalty periods. Ask your lawyer for a referral to an Elder Law specialist unless they are themselves so certified.

What is a Florida bar?

The Florida Bar certifies attorneys as specialists in certain practice areas such as Wills, Trusts and Estates or in Elder Law or in Criminal Law. Gone are the days of the general practitioner who can handle your Will, your traffic ticket, your divorce and your contracts. Seeing a specialist is safer and usually the same cost.

What is a lady bird deed?

A Lady Bird deed is a special kind of residential real estate deed which allows your property to pass to your children or other heirs immediately upon your death without normal costs, probate and court proceedings. The Lady Bird deed allows you to (1) own your home for the rest of your life; (2) retain your full homestead tax exemption; (3) retain your full homestead creditor protection; (4) where applicable, retain eligibility for Medicaid and other need-based programs; and (5) name beneficiaries of the home very similar to beneficiaries of an insurance policy. Most of my clients benefit from having a Lady Bird deed. My father is the attorney who gave the “ Lady Bird deed ” its name and explained the deed to other lawyers early in the field of Elder Law.

Can you afford long term care?

The fact is that most people will require long-term care and most will either not be able to afford it or will get wiped out by the cost. There are legal and ethical ways of protecting one’s life savings against the cost of care without giving away assets and without waiting out penalty periods.

What is elder law?

Elder law is a subspecialty of estate planning. Elder law attorneys help individuals and their families plan for retiree benefits, healthcare and long-term care, Medicaid and Medicare coverage, and home care and nursing home care. We also help with decision-making documents and provide guidance on other legal issues for seniors ...

How much is the estate tax exemption?

The new U.S. estate tax exemption now is $11.18 million per person , and a couple is entitled to a $22.36 million exemption. That’s a significant amount of money a person may leave without paying estate taxes on the federal side.

Who is Beth Lueders?

An award-winning journalist who has documented stories in nearly 20 countries, Beth Lueders is an author, writer and speaker who frequently reports on diverse topics, including aging and health issues for both U.S. and international corporations. We were unable to load Disqus.

How to protect yourself from elder abuse?

To protect yourself against fraud and elder financial abuse, make it a point never to give out financial information over the phone. Never pay a fee in order to collect winnings you’re supposedly entitled to. Don’t sign any documents without first consulting with an attorney or a financial expert.

Why do elderly people use scammers?

A person who seems charming and helpful on the phone can convince an unsuspecting senior to buy a product or service for far more than it’s worth —or simply to provide their credit card and bank account information, which can be used to drain their savings and commit identity theft.

What is elder law?

The broad topic is called elder law, and it covers a variety of issues, from health care to social security to guardianship to fraud, and much more. It also deals with wills and estate planning, and what happens to your assets after you’re gone. It can be a complicated topic, but it’s important to know about as you get older.

What is a general POA?

General POA. This gives a guardian complete control over their charge’s affairs. They handle all of the person’s money and other assets, and can make any and all decisions on their behalf, including things like purchasing life insurance for them, operating their business for them, speaking for them in court, and more.

Can you put your assets into a trust?

That means that a trusted third party is given care of your assets until such time as your loved ones are able to claim it. This can help your heirs to avoid probate after you die, which is often a long and drawn out process that delays them getting what you’ve promised them. There are several different types of trusts:

What is the meaning of autonomy in psychology?

This allows a person to give control of one specific aspect of their lives over to someone else, but retain autonomy in all other areas. It’s given when that person is no longer capable of doing specific things, but still retains their general mental faculties.

What is a POA in healthcare?

Healthcare POA. This specifically grants a person the authority to make medical decisions on someone else’s behalf. This can include things like medications, surgeries, and other procedures, as well as what actions should be taken during a person’s last days.

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 the number to call for elder care?

They’ll be able to connect you to local organizations that provide free and low-cost legal help for seniors. To speak with someone at Eldercare Locator, call 1-800-677-1116. 3.

What is a legal hotline?

A legal hotline allows seniors to ask legal questions over the phone. If the question can’t be answered over the phone, the hotline can also help you find the necessary legal aid services in your area. Find senior legal hotline programs. 5.

What is the job of a caregiver?

As a caregiver, part of the job is to help your older adult take care of legal matters and make sure important documents are complete and up-to-date. That could include setting up an estate plan or making sure that essential legal documents like a living will and power of attorney are in place.