when see eldercare lawyer

Consider contacting an Elder Law attorney before you, your spouse, or your parents need long term care. Good times to talk things over with an Elder Law attorney may be: - when you start to feel that you, your spouse, or your parents may in the foreseeable future need to enter long term care.

Full Answer

When should you hire an elder care attorney?

When To See An Elder Law Attorney Elder Law focuses on the legal issues faced by older individuals. This includes: basic documents (Will, Power of Attorney, and Advance Directives ), estate planning to minimize probate costs and inheritance taxes, and how to qualify for public benefits ( Veterans Administration and Medicaid).

How do I find an elder law attorney?

According to Harry Margolis, the founder of Boston-based law firm Margolis & Bloom and founding president of ElderLawAnswers, families should consider seeking an elder care attorney when you begin to anticipate a need for long-term care of a loved one, or if you are wondering how to qualify for government benefits. If you’re worried about a time when you can’t take care …

What is an elder law attorney called?

Add to that possible physical and mental challenges that may appear later in life, or emotionally charged situations involving family, you may find yourself in great need of professional guidance. That’s the perfect time to turn to an elder care lawyer.

Do I need an elder law attorney to protect my assets?

Sep 24, 2020 · When to Hire an Elder Law Attorney. 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

What does an elder law attorney do?

An elder law attorney does not just handle important financial and estate planning matters, but takes care of important matters affecting the quality of life of their elderly clients , such as life planning and assisted living.

What is elder law?

An elder law attorney handles a wide range of legal matters affecting elderly people, including health care, guardianship, Medicare/Medicaid, and Social Security. An elder law attorney does not just handle important financial and estate planning matters, but takes care of important matters affecting the quality of life of their elderly clients, ...

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.

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.

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 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.

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 ...

Avoid costly mistakes by hiring an elder law attorney

Julie Ann Garber is a vice president at BMO Harris Wealth management, a CFP, and has 25 years of experience as a lawyer and trust officer. Julie Ann has been quoted in The New York Times, the New York Post, Consumer Reports, Insurance News Net Magazine, and many other publications.

It's Not Just About Dying

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.

Medicaid Issues

Medicaid imposes some strict guidelines for eligibility should you ever need long-term care. Benefits are income- and asset-based, but you can't just give away everything you own to qualify if you suspect you might need this type of care sometime in the imminent future.

Sorting Out Complex Family and Financial Situations

Take a look at your life and your assets to see if you fit into one or more of these situations that can impact your finances:

State Laws Determine Elder Law Rules

State laws are very specific about what can and cannot be included in a will, trust, advance medical directive, or financial power of attorney. These laws control who can and cannot serve as a personal representative, trustee, health care surrogate, or attorney-in-fact under a power of attorney.

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.

How to Find an Elder Law Attorney

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 can elder law attorneys do?

Elder law attorneys can identify and alert family members to financial exploitation they might otherwise have missed. When Dad and Mom slow down or their health declines, that gives a bad neighbor the opportunity to come over and start ‘helping out’ or an unscrupulous adult child to obtain access to financial accounts, says Simasko.

What is elder law?

According to the National Academy of Elder Law Attorneys, elder law encompasses many fields of law, with elder law attorneys specializing in numerous areas, which can include: Administration and management of estates and trusts. Elder abuse and fraud. Estate planning, probate, trusts, wills and other financial documents.

Who is Patrick Simasko?

Families are frequently split on the type of care they want for their parents, says Patrick Simasko, a certified elder law attorney in Mount Clemens, Michigan. However, an elder law attorney can advise what is best without emotions influencing decisions.

How to become an elder law attorney?

According to NELF, some of the requirements for certification include: 1 Being licensed as a lawyer in one or more states 2 Practicing law for five years or more 3 Maintaining a level of excellence of all the bars 4 Demonstrating involvement in practicing elder law 5 Finishing at least 45 hours of continuing education in elder law in the last three years 6 References from five attorneys 7 Passing a certification examination

What is the National Academy of Elder Law Attorneys?

One such organization is the National Academy of Elder Law Attorneys, Inc., or NAELA. With more than 4,200 attorney members, NAELA helps its constituency receive the continuing education necessary to stay up-to-date on elder law topics. Another such organization is the Special Needs Alliance.

What are the requirements for a lawyer license?

According to NELF, some of the requirements for certification include: Advertisement. Being licensed as a lawyer in one or more states. Practicing law for five years or more . Maintaining a level of excellence of all the bars. Demonstrating involvement in practicing elder law.

Does the government make the health care system impenetrable?

State laws vary and change all the time. "The government has made the health care system almost impenetrable," says Goldberg, listing some of the systems many facets including, Medicare, Medicaid, veteran's benefits and various tax laws [source: Goldberg]. "Elder law attorneys can serve as guides through the health care [system]."

What does it mean when an attorney steps outside of his office?

When an attorney steps outside of his daily practice to help educate people about the numerous issues facing the elderly, it not only shows that interest in his career, but also his true dedication to the community at large.

Does Medicare cover custodial care?

Medicare is a federal medical insurance program for people over 65 years of age and for younger people with certain disabilities. Should a family member need custodial care, which involves help with daily living activities like eating and dressing, Medicare simply won't pay for this [source: Goldberg].

What is Medicare and Medicaid?

Medicare is a federal medical insurance program for people over 65 years of age and for younger people with certain disabilities.