Elder Abuse Prevention
Elder abuse generally refers to the harm or exploitation of an older adult. This type of abuse can take many forms, such as physical abuse, neglect, financial exploitation and emotional or psychological abuse. Victims may experience pain, suffering, anxiety, depression, and a reduced quality of life due to the abuse they endure. Unfortunately, in most cases, elder abuse is perpetrated by individuals in positions of trust such as family members, caregivers and healthcare workers.
There are several legal protections in United States law that safeguards senior citizens from elder abuse. For instance, the Elder Justice Act aims to prevent elder abuse with proper training, coordination and care standards. Protection orders can also help restrain abusers from their victims. An elder law attorney can assist in these matters by counseling seniors on identifying and reporting abuse and advocating for victimized elders in the court system.
Adult Guardianship
Adult guardianship involves appointing a person or entity to make decisions on behalf of an incapacitated adult who can no longer make responsible choices for themselves. Guardianship may become necessary when an adult becomes mentally or physically impaired to the point where they cannot provide for their own health, safety or welfare. A few common examples of when adult guardianship may be considered include severe dementia or Alzheimer’s disease, brain injuries, developmental disabilities or a vegetative state.
The guardian is assigned with making critical decisions regarding the individual’s health and wellbeing in relation to living arrangements and care, medical treatment and estate management.
An elder law attorney plays an essential role in adult guardianship cases by advising families when guardianship may be appropriate, representing alleged incapacitated persons, preparing and filing guardianship petitions and other complex situations.
Long-Term or End-Of-Life Care Planning
Long-term care planning is an important aspect of elder law that involves advising older adults on options and strategies to pay for long-term care services they may need later in life. These planning processes involve making important decisions related to healthcare, living arrangements, financial matters, and the distribution of assets.
Long-term care planning addresses the potential need for extended care services as individuals age and their health conditions change. Key aspects of long-term care planning include assessment of care needs, Medicaid planning, advance healthcare directives and power of attorney.
End-of-life care planning relates to making decisions about medical treatment, financial matters, and the distribution of assets as an individual approaches the end of their life. Hospice care, estate planning, financial arrangements and grief support are all crucial considerations in end-of-life care planning.
Senior Housing
Elder law attorneys assist seniors with the housing issues they face as they age. This may involve providing guidance on the different types of senior living facilities available, such as independent living, assisted living and nursing homes. Attorneys can review the contracts for these communities and advise seniors on options for aging in place, like home sharing programs
and senior apartment complexes.
Moreover, elder law attorneys are knowledgeable about housing discrimination issues and can help seniors file complaints if needed.
Overall, having an elder law attorney's legal oversight provides protection for seniors considering a transition to housing arrangements that cater more specifically to their physical, social and care needs later in life. These attorneys help ensure seniors make informed choices and can live comfortably in housing well-suited to their individual circumstances.
Estate Planning
Estate planning is a core component of elder law, as it involves strategies to manage assets and prepare for incapacity and death. In this context, an estate refers to everything that a person accumulates in their lifetime. Common examples include stocks, cash, property and other individual possessions.
The most basic form of estate planning is known as a last will and testament, also called a “will.” This legal document expresses one’s wishes for his or her estate in the event of death. It clearly states your final wishes, names your beneficiaries, which are the people who will inherit your property, and appoints a personal representative (also called an executor).
Additionally, an elder law attorney may serve as a power of attorney or health care proxy throughout the estate planning process.
Seeking Justice
Do you or a loved one need assistance establishing an estate plan? Have you noticed signs of elder abuse or financial exploitation? Do you need advice on a senior housing issue? Attorney At Law is here to help you navigate even the most complex legal situations. Don’t wait - contact AAL today for personalized elder law guidance.
