why use eldercare lawyer

3 Reasons You Should Consider an Elder Care Law Attorney

• You’re getting a specialist. Their practice concerns explicitly legal matters unique to elders. Elder law matters, the...
• You’re getting a lawyer with experience. Elder care attorneys help prepare and validate all documents addressing legal...
• You’re getting a counselor. Lawyers also help resolve complicated family...

Full Answer

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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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.

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.

What is an elder law attorney?

Elder law attorneys are advocates for the elderly and their loved ones. 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.

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 the importance of wills and estate planning?

Discuss the importance of wills and estate planning, including planning for a minor or adult with special needs, probate proceedings, and other matters. Create a durable power of attorney. Provide help with health care and planning, including long term care options, patient rights, Medicare, and health care power of attorney.

Do elder law attorneys specialize in every area of law?

Most elder law attorneys do not specialize in every area of law affecting seniors, so it is important to hire an attorney who has experience in your particular area of concern.