Elder law attorneys specialize in helping senior citizens navigate a variety of complex legal issues. This may include matters related to estate planning, senior housing, Medicaid eligibility and elder abuse situations. Overall, these attorneys ensure their elderly clients receive proper legal advice and representation on the many issues affecting the elderly.Â
In this informative legal guide, we will explore a few of the common situations in which hiring an elder law attorney can be valuable. Whether you're facing these challenges directly or a family member seeking guidance for a loved one, understanding when to enlist the expertise of an elder law attorney can make all the difference.
Estate planning refers to the process of arrangements for the management and distribution of one’s assets in the event of incapacity or death. Elder law attorneys can help seniors create comprehensive estate plans, including wills, trusts, and advance directives. Your attorney should have your best interest at heart by ensuring that assets are distributed according to your wishes and minimize tax liabilities.
If you or a loved one is experiencing elder abuse or neglect, working with an experienced elder law attorney is critical. Elder abuse can take many forms, such as physical, emotional, psychological or financial. In these situations, elder law attorneys can advocate for the rights of seniors and protect their safety. For instance, the attorney may assist in obtaining restraining orders and reporting abuse to authorities.
Financial exploitation is a serious form of elder abuse that relates to the unauthorized or improper use of an elderly individual's finances, assets, or property for personal gain. In most cases, financial exploitation of seniors is perpetrated by family members, close friends, caregivers, or other individuals with access to the senior’s finances. Elder law attorneys are crucial advocates in preventing, detecting, and addressing this issue.
If an older adult becomes incapacitated and can no longer take care of themselves or make important decisions, adult guardianship may become necessary. Guardianship may be relevant when a senior loses the capacity to make decisions due to physical or cognitive impairments such as dementia, Alzheimer’s disease or severe injury. ​​Elder law attorneys can help establish legal guardianship or conservatorship to protect their interests.Â
Navigating the complexities of Medicaid eligibility often requires legal expertise. Medicaid has strict eligibility rules including caps on income and assets to qualify. An elder law attorney can advise on available options to spend down excess assets and convert countable assets into non-countable ones to meet the requirements. In other words, the attorney can assist in utilizing every possible strategy to qualify for Medicaid faster while still leaving adequate resources available.
An experienced elder law attorney can help locate suitable senior housing solutions for senior citizens. Moreover, an attorney can assist seniors facing housing problems such as eviction or disputes with landlords.These issues can be particularly daunting, as housing often represents a significant aspect of an elder's quality of life and overall well-being.
Long-term care planning is a critical aspect of elder law, as it involves making important decisions about an aging individual's living arrangements and the financial strategies needed to support those choices. It typically involves an assessment of needs, exploring care options, financial planning and determining Medicaid and Medicare eligibility. Draft an extensive and personalized long-term care plan alongside a professional elder law attorney.
End-of-life planning involves making profoundly personal choices about one's final chapter of life and legacy after death. Elder law attorneys compassionately guide clients through essential legal preparations for the end of life. This includes drafting advance directives detailing preferences for medical treatment when recovery is unlikely. It also includes estate planning to distribute assets to loved ones and charities as one wishes.
Age discrimination is the unfair or unjust treatment of individuals based on their age, typically when they are older and perceived as being past a certain age threshold. If you or a loved one have fallen victim to age discrimination, it is highly advised to work with a seasoned elder law attorney. These attorneys can represent seniors who believe they have experienced age discrimination in employment, housing, or other areas. They can help individuals file complaints with relevant authorities.
Elder law attorneys assist clients who can no longer work due to disability or chronic illness with applying for Social Security Disability Insurance (SSDI benefits). They help clients navigate the complex application and appeals process. This is an essential service, as SSDI benefits can provide much-needed financial support to individuals facing health challenges that prevent them from earning a living.Â
Whether it's protecting assets, addressing healthcare decisions, or fighting against elder abuse, the expertise of legal professionals can make a world of difference. At Attorney At Law, we understand the unique needs of our elderly clients and are here to provide compassionate, professional, and results-driven legal support. Contact us today for a consultation.
