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Why Hire an Elder Law Attorney?

If you’re looking to navigate the complexities of aging, healthcare, and long-term care planning, you might want to hire an elder law attorney.

Why hire a lawyer?

An elder law attorney can give you the peace of mind of knowing your legal rights and options regarding healthcare, estate planning, and long-term care. It’s especially important to consider hiring an attorney if any of the following apply to you:

You or a loved one is facing a serious illness or disability.
You want to ensure that your healthcare wishes are respected in case of incapacity.
You are concerned about the costs of long-term care and want to explore Medicaid planning.
You have a family member with special needs and want to protect their benefits.
You are considering moving into a nursing home or assisted living facility.
You want to create a plan to manage your assets and affairs as you age.
You have questions about guardianship or conservatorship for yourself or a loved one.
You want to ensure that your estate is distributed according to your wishes after your death.

In short, if you are facing issues related to aging, healthcare, or long-term care, you should consider hiring an elder law attorney.

What can a lawyer do for you?

An elder law attorney can help you create the necessary documents and plans to manage your affairs and healthcare as you age. An elder law attorney’s responsibilities can include:

Drafting wills and trusts
Creating powers of attorney for healthcare and finances
Assisting with Medicaid applications and planning
Advising on long-term care insurance options, and
Rrafting advance healthcare directives.

An attorney also can advise on strategies to:

Protect assets from being depleted by long-term care costs
Ensure eligibility for government benefits
Plan for incapacity and guardianship issues, and
Navigate the complexities of elder abuse and neglect laws.

Did you know?

According to a survey by the U.S. Department of Health and Human Services, Office of Disability, Aging and Long-Term Care Policy, and the Urban Institute, 70% of adults older than 65 will require some form of long-term care during their lifetime.

Common Questions About Elder Law

Elder law encompasses issues affecting older adults, including healthcare planning, long-term care, Medicaid, guardianship, and elder abuse.

Q: Can an elder law attorney help me with Medicaid planning?

Yes, elder law attorneys can help you understand the eligibility requirements for Medicaid and assist you in planning your assets to qualify for benefits. They can guide you through the application process and help you avoid common pitfalls.

Q: Why should I have a financial power of attorney?

An elder law attorney can help you prepare a financial power of attorney (POA). A POA is crucial for ensuring that someone you trust can make financial decisions on your behalf if you become incapacitated. This document can prevent disputes among family members and ensure your needs are met.

Q: What happens if I need someone to make medical decisions for me?

If you become incapacitated and can't make decisions about your healthcare, you'll need documents to designate someone to make medical decisions on your behalf and outline your healthcare preferences. States have different laws governing these documents—and different names, such as healthcare power of attorney, living will, or advance directive. An elder law attorney can help you create the correct document to ensure your health care wishes are followed.

Q: Can an elder law attorney help me protect my assets?

Yes, elder law attorneys can provide strategies to protect your assets from being depleted by long-term care costs. They can help you explore options such as trusts, gift strategies, and Medicaid planning to preserve your wealth for your heirs.

Q: What should I do if I suspect elder abuse?

If you suspect elder abuse, it's essential to seek legal advice immediately. An elder law attorney can help you understand your rights and options, including reporting the abuse and seeking protective measures for the victim.

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Related practice areas

Social Security & Disability

Social security refers to several federal benefit programs, including Social Security Disability and Social Security Income, each with different requirements.

Estate planning

Understanding wills and estates can help you create a legally binding plan to protect your assets and final wishes, as well as reduce taxes on your estate.

Guardianship

Guardianship planning involves organizing the legal authority and responsibilities someone will have over another person, often in ensuring welfare and finances.

Power of attorney

A power of attorney is a legal document giving another person the right to act on your behalf in various situations, within the limits set out by the document.

Nursing home abuse and neglect

Nursing home abuse and injuries may occur at these facilities due to neglect or intentional harm by staff, leading to potential liability.

Medicaid and medicare

Medicare and medicaid are government programs offering health insurance, with specific law and policy amendments affecting their terms.