when is an elder lawyer necessary

by Everette Daugherty 9 min read

An elder law attorney is an attorney that specializes in laws specific to individuals who are over the age of 65. There are many important issues that an elder law attorney can assist you with, including: Your rights to social security benefits; Retirement plans; Wills, trusts, and estate planning; and Age discrimination.

When to Hire an Elder Law Attorney
They want to file a Medicare or Medicaid claim or a social security and disability claim. They are planning to file a claim pertaining to age discrimination in employment. They want to plan their estate (management during their life and disposition on death)

Full Answer

What questions should I Ask an elder law attorney?

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.

When should one consider hiring an elder law attorney?

Nov 08, 2021 · Elder law attorneys also specialize in unique senior citizen issues such as: Filing a claim pertaining to employment age discrimination; Seeking to redress nursing home issues; Seeking legal solutions to housing issues like home equity conversions and discrimination; Seeking legal solutions to elder physical, emotional, or financial abuse

What all attorneys should know about elder law?

Nov 08, 2021 · Elder law attorneys also specialize in unique senior citizen issues such as: Filing a claim pertaining to employment age discrimination; Seeking to redress nursing home issues; Seeking legal solutions to housing issues like home equity conversions and discrimination; Seeking legal solutions to elder physical, emotional, or financial abuse

Why would I need 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. It's Not Just About Dying Elder law isn't the same thing as estate law, …

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.

How to become an elder law attorney?

An elder law attorney can help with any one of the following: 1 Discuss the importance of wills and estate planning, including planning for a minor or adult with special needs, probate proceedings, and other matters. 2 Create a durable power of attorney. 3 Provide help with health care and planning, including long term care options, patient rights, Medicare, and health care power of attorney. 4 Financial representation: financial planning (including durable financial power of attorney ), housing opportunities and planning, income, estate, and gift tax matters. 5 Guardianship: help with the selection and appointment of a legal guardian. 6 Help locate long term care facilities and manage assisted living cost. 7 Explain nursing home resident rights and help file nursing home claims. 8 Draft a living will or other advance directives, including a durable power of attorney and long term planning documents.

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 is elder law?

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 ...

Why should I hire an elder law attorney?

Just the act of hiring an elder law attorney to protect your loved one’s assets and keep your paperwork in order can save you headaches down the road. As their health deteriorates or as they need further care from a memory care facility, there will be other things on your mind.

What does an elder care lawyer do?

An elder care law specialist will ensure that your loved one isn’t the victim of these issues. With a lawyer on your side, everyone will know that your loved one is protected. If they do suffer from a traumatic abuse or get taken advantage of, your lawyer knows how to punish them to the full extent of the law.

Why is it important to hire an elder care attorney?

Hiring an elder care attorney is important when you’re trying to navigate the landscape of dealing with Medicare and Medicaid. Medicare is an automatic benefit for older Americans after a certain age. With the combined efforts of Medicaid for lower-income Americans, you can help pay for long-term care in some states.

What is the power of attorney?

Getting power of attorney is the first step in being able to ensure that your loved one has the care they deserve without any complications. When elder Americans are suffering from a chronic illness or disease, time may be of the essence.

What to do if you don't have money?

If you don’t have the money right away, they can advocate for public programs to help.

What happens if an elderly person has a disability?

If your elderly loved one has a disability, they might find travel to be a struggle. They might need special accommodations that their care facility doesn’t feel compelled to provide. Whether or not they want to provide that care, it might be their legal responsibility.

Is it difficult to manage an estate?

Estates Can Be Difficult To Manage. If your loved one has a large estate with lots of assets to deal with, managing them and unloading them can be a hassle. Without the help of an attorney, you’ll be spending hour after hour at city hall filling out paperwork.

What is elder law?

Elder law attorneys are experts in Medicaid and related issues, but their expertise extends to all broader issues related to elder care, aging, and the law – a wide-reaching, often complicated milieu of interrelated topics . An elder law attorney can do everything a Medicaid specialist does, and additionally offers legal services related to aging, ...

What is the difference between a Medicaid specialist and an elder law attorney?

The biggest difference between a Medicaid specialist and an elder law attorney is that Medicaid specialists are not lawyers. Likewise, elder law attorneys cannot call themselves “Medicaid specialists,” as this is not a designated law specialization.

What is a medicaid specialist?

A Medicaid specialist is a person or niche firm that specializes in establishing Medicaid eligibility, facilitating the application process, and even completing the actual application on behalf of the Medicaid recipient.