why to use a elder services lawyer

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.

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What all attorneys should know about elder law?

Jul 18, 2018 · 7 REASONS WHY YOU SHOULD HIRE AN ELDER LAW ATTORNEY 1. Power Of Attorney. When you’re worried about the terms of care for your loved one, you can be constantly stressed out. 2. Long-Term Care Is Complicated. Trying to manage and calculate a care plan for your loved one is difficult if you... 3. ...

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.

What is the elder law attorney needs to know?

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 does an elder care attorney really do?

Jan 05, 2018 · Other needs might include long term care and disability planning, solving disputes with family through mediation, guardianship and fiduciary administration, or confronting elder abuse. Elder Law attorneys represent a growing specialty of the law that helps the elderly deal with many of the complex needs affecting seniors and their loved ones. Elder Law attorneys …

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.

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.

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.

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 ...

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 a caregiver in a long term care facility?

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.

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 happens when you cross all the I's and T's on a will?

When a person passes, even if all the I’s are dotted and T’s are crossed on wills, there are still more legal affairs that need to be tended to; this is the probate process.

Is long term care insurance good?

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.

Can a will be a personal representative?

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.

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.

How to consult with an elder law attorney?

While online elder law services make estate planning affordable and accessible, they might not be right for your unique situation. If you have a simple estate, online legal services that prepare your documents by putting your interview answers into a template should cover everything you need. However, if you have a large estate or complicated assets, you should consider consulting directly with a lawyer for the estate planning process. Other situations where you may want to go directly a lawyer include: 1 You have a reason to believe someone will dispute your will 2 You have children who are minors 3 You have a special needs dependent 4 You’re confused about the estate planning process

What is elder law?

As with any legal matter, elder law and estate planning services often use specialized terminology that can be confusing for people who aren’t in the industry. In order to understand exactly what each company is offering, it’s important to have a solid understanding of some commonly used terms. These definitions will be useful to you as you begin shopping and comparing services.

What is Law Depot?

With a document library created by real lawyers, Law Depot makes it simple for you to create personalized legal documents at an affordable rate. Founded in 2001, the company offers an extensive range of documents including contracts, business documents, and estate planning resources.

What is a will and testament?

Wills , or your last will & testament, are fairly simple legal documents that detail who will receive your money, possessions, and pets once you pass away. In your will, you’ll also appoint an executor, stipulate how any debts you owe are to be paid, and appoint a guardian for any dependent children you have.

How much does LegalZoom cost?

Pricing for individual documents starts at $39 for a Living Will, $69 for a Will, and $249 for a Living Trust. But one of the biggest benefits LegalZoom offers is its discounted bundles.

When was LegalZoom founded?

Founded in 2001, LegalZoom is regarded as an industry leader in online legal services. With a massive library of legal documents, access to real attorneys, and a simple to use interface, it has made legal services accessible and affordable for everyone, including seniors.

Who do you need to prepare your final wishes?

When preparing your documents, you’ll need to designate agents, trustees, and executors who you trust to carry through with your final wishes. While you likely already have a good idea of who these people will be, you’ll need to discuss their specific duties with them to ensure that they’re willing and able to complete the job. Have an open conversation and allow them to ask questions or address any concerns they might have.