why use an eldercare lawyer?

Why should I use an Elder Law Attorney?

• Preservation or transfer of assets seeking to avoid spousal impoverishment when a spouse enters a nursing home
• Medicaid qualification and application and Medicaid planning strategies
• Medicare claims and appeals
• Social security and disability claims and appeals
• Supplemental and long term health insurance issues

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What questions should I Ask an elder care attorney?

• You should ask how long it will take to resolve your case and what, if any, alternative courses of action there are.
• You should ask the attorney to explain the advantages and disadvantages of each possibility or outcome for your case.
• Find out how many attorneys are in the office and if another one of them will be assigned to your case.

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What questions should I Ask an elder law attorney?

What Questions Should I Ask At My First Meeting With An Elder Law Attorney? NAELA also has a recommended list of questions to ask when you choose an elder law attorney you want to work with. Once you’ve explained your particular situation and the reason for your meeting, you’ll want to find out the answer to the following issues:

What is elder law and how can it help you?

Elder Law is a specialized area of law that involves representing, counseling, and assisting seniors, disabled individuals, and their families in connection with a variety of legal issues, from estate planning to long-term care issues, with emphasis on promoting the highest quality of life.

How to choose an elder financial abuse attorney?

• You're in a second (or later) marriage
• You own one or more businesses
• You own real estate in more than one state
• You have a disabled family member or you've become disabled
• You have minor children
• You have "problem" children
• You don't have any children
• You want to leave some or all of your estate to charity

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Why do I need an elder law attorney?

1. You Need Advice on Long Term Care. If you are a senior or are assisting a senior family member, one of the most difficult decisions to navigate is long term care solutions.

What is elder law?

Elder law is a specialized area that caters to the rights and interests of seniors and the elderly. There are many instances where an elder law lawyer can offer valuable and—in some cases—life-changing help.

What to do if you have a dispute with a nursing home?

If you or a senior family member are having disputes with a nursing home, an elder law lawyer is the best person to step in. They know exactly what your rights are and how to defend them. They also have the tools at their disposal to make the nursing home obey the law. 9. There’s a Need for Guardianship.

What to call a senior who needs financial advice?

If you a senior and need advice on financial matters or someone to fight your case, an elder law attorney is the person to call. The same applies if you have a senior loved one you are taking care of who needs financial advocacy.

What kind of attorney should I speak to about Medicaid?

If so, an elder law attorney is the ideal person to speak to. Most elder care attorneys have extensive experience in dealing with Medicaid applications and Medicaid issues. Although Medicaid is designed to help the elderly in need, it has very stringent eligibility requirements.

What is a financial power of attorney?

Giving someone financial power of attorney authorizes them to carry out critical financial actions for you, such as: 1 Managing bank transactions 2 Filing your taxes 3 Collecting any benefits 4 Managing retirement accounts in your name 5 Paying monthly or daily expenses 6 Buying, selling and managing insurance policies in your name 7 Transferring assets into a trust

Is it important to hire an elder law attorney?

If you need to carry out estate planning, this is another area where hiring an elder law attorney is vital. Estate planning is critical, especially once you become a senior. Even if you have already conducted estate planning and have a will, this needs to be reviewed, and potentially revised, regularly.

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.

Do elder law attorneys specialize in every area of law?

It’s important to note that elder law attorneys do not necessarily specialize in every area of law affecting seniors. If you’re especially concerned with a matter of guardianship, for instance, or need guidance on government benefits, take care to find an attorney with experience in that area.

Why do elder care lawyers help?

For that, the elder care lawyers will help you with the legal formalities by sorting out public programs which are conducted for the future benefits of your loved ones. For instance, you can apply for insurance which will help the upcoming generations of your family after you or in the future. They will be the attorney for the insurance claim for your family.

Why is elder care important?

Having an elder care lawyer as the attorney is the most important thing when it comes to the legal issues. These people will guide your children through the right pathway by eliminating the legal conflicts which they may happen to face in their future. This way, the future generation will have a very good idea of how to handle disputes without anyone’s help.

Why are insurance claim attorneys important?

Insurance claim attorneys are our future predictors because they have the ability to predict the problems that are about to come in the future. It is a great help to have someone like them by our side who can guide us through all the matters including the assets, health, money, accomodation and benefits for our family even after our death.

Why do disabled people need insurance?

Disabled people will need special accommodations and extra care. Insurance claims lawyers would help them in legal issues and other rights plans which would come into action when someone takes advantage of them. This would also stop others from abusing them, just because they don’t have anyone who can question them in their future.

What is a veteran claim lawyer?

Veterans are the people who have retired from the armed forces. Whatever be the help they need, the insurance claims lawyer can help them with the extra benefits they will be getting from those plans they choose. That is because of their hard work in the battlefields. Even though the insurances which they apply are the same as the other civilians do, they will be more beneficial for the ex-military officers. This is the respect we can give them for their service.

Does medicaid help with medical bills?

The medicaid plans will help pay for the medical treatments of your family members if you are poor to take up health insurance which may benefit them during these situations.

How Elder Law Became a Practice

The Older Americans Act (OAA) was signed into law by President Lyndon B. Johnson and is credited by the American Bar Association with being the foundation for the practice of elder law. The OAA was the first initiative on a federal level to address and provide a wide range of services for senior citizens.

What Areas of Life Can an Elder Law Attorney Be Helpful?

At some point in our life, chances are good we will need the help of an attorney. As we age and begin planning for our retirement future, and ultimately, our death, seeking counsel from an elder law attorney can be beneficial. Attorneys who practice elder law are knowledgeable in several areas that directly affect senior citizens.

What Questions Should I Ask When Choosing An Elder Law Attorney?

If you decide that speaking with an elder law attorney is right for you, there are some questions you will want to consider asking before entering into an agreement. The National Academy of Elder Law Attorneys (NAELA) says in your initial phone call to an attorney’s office, you may end up speaking with the attorney’s secretary or office manager.

What Questions Should I Ask At My First Meeting With An Elder Law Attorney?

NAELA also has a recommended list of questions to ask when you choose an elder law attorney you want to work with. Once you’ve explained your particular situation and the reason for your meeting, you’ll want to find out the answer to the following issues:

How Do I Find An Elder Law Attorney?

If you would like to find an elder law attorney to speak with or work with, asking your friends and family who they recommend is always a good place to start. The National Elder Law Foundation (NELF) is the only national organization that certifies elder and special needs law attorneys.

What is Elder Law?

Elder law is a multifaceted, relatively new area of focus in the legal field.

Personal Care

Personal care matters include guardianship in old age and long-term care planning. This includes decisions on how to provide care to the elderly in the family. It also involves deciding on whether one should care for them at home or in community/nursing home, depending on their health conditions the quality of care and finances.

Estate Planning

Elder care attorneys also deal with all financial issues like assets and property protection. These include but are not limited to pension plans, claims and benefits, estate planning and administration, asset protection, living trusts, wills and ethical wills, power of attorney, and probate and trust administration.

5 Reasons Why You Should Use an Elder Law Attorney for Medicaid Planning

The seniors I serve in my practice all voice a very similar concern. They are terrified that they will need the services of a nursing home in their old age.

Qualify for Medicaid and Pre-Pay Expenses

For those who are on the cusp of qualifying for Medicaid, pre-paying certain expenses has the dual benefit of reducing qualified assets and paying off known expenses.

Guaranty Financial Support for Surviving Spouses

Federal law ensures that you can provide for the “monthly maintenance needs” of your spouse while preserving Medicaid eligibility. It creates an allowance that ranges from approximately $2,000 to nearly $3,000 a month.

Provide for Special Needs Family Members While Protecting Your Final Wishes

Irrevocable trusts are powerful tools that can help you qualify for Medicaid and preserve your assets. When created early on in the estate planning process, an irrevocable trust can shelter your assets, provide for the long term needs of your spouse, and create a legacy that will pass to your heirs.

Stay in Your House Longer

By taking an early and critical look at your assets and making some early changes, you could stay in your house longer – especially through programs like the CDPAP . States are increasingly allowing Medicaid funding to go to providing home health care.

Protect Your Heirs from Lawsuits

If qualifying for Medicaid was as simple as giving your family members and close friends all of your assets or selling things off for $1, everyone would do it! To stop people who would not otherwise qualify for Medicaid from claiming benefits, the system reserves the right to deny people who give away assets benefits and can sue an estate when benefits are improperly paid out.

Contact an Elder Law Attorney Today

While there are a few hard and fast rules concerning Medicaid eligibility planning, every client’s situation is unique and requires deliberate consideration. To create an individualized action plan with one of our qualified attorneys, click here to contact us and make an appointment.