how can an elder law attorney help

by Prof. Hadley Ortiz MD 5 min read

An elder law attorney can help with any one of the following:

  • 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.

Full Answer

What is elder law in Florida?

What exactly is Elder Law? Elder Law is defined as any legal issue involving health and personal care planning for the senior population and their caregivers.

How do you answer attorney questions?

It is important for attorneys to understand the underlying concerns to better help answer the client's question.Help Clients Understand That There Is No Clear Answer. Attorneys should explain to their clients the law can be quite complicated. ... Be Specific. ... Acknowledge That Facts Can Change the Answer.

What age is considered senior citizen in Texas?

60 and overIn addition to the protections enjoyed by all Texans, state law provides special rights and protections for elderly individuals, including anyone 60 and over. Section 102.003 of the Texas Human Resources Code explains these rights.

What is elder law in Ontario?

Elder Law is a legal term which encompasses those practice areas that address matters affecting the aging population and includes ensuring the legal and financial interests of older individuals are secure, as well as steps taken by supportive family and relatives to ensure that the interests of their loved ones are ...

What should you not say in a deposition?

8 Things Not Say During a DepositionNever Guess to Answer a Question.Avoid Any Absolute Statements.Do Not Use Profanity.Do Not Provide Additional Information.Avoid Making Light of the Situation.Never Paraphrase a Conversation.Do Not Argue or Act Aggressively.Avoid Providing Privileged Information.

What questions Cannot be asked in a deposition?

You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer. Privileged information.

What benefits does Texas have for seniors?

Programs for Older TexansMedicaid provides health coverage to eligible low-income adults, children, pregnant women, and people who are older or who have disabilities. ... Medicare is our country's health insurance program for people age 65 or older.More items...

Can social services remove an elderly person from their home?

To put it bluntly, under most circumstances, social workers cannot remove an elderly person from their home. In order to legally force a person into long-term care against their will, you need to have guardianship over that person. And obtaining guardianship without a person's consent is possible.

Can an elderly person be left alone?

Independently handling the activities of daily living (ADLs) is necessary if seniors are to be safely left alone. Incontinence issues plague many seniors. When elderly individuals are left by themselves, alternative solutions should be in place so that they can reach the bathroom or commode in time.

How do you introduce yourself in an attorney interview?

LawOF: Introduce yourself. Answer: My name is Utkarsh Goel and I am currently pursuing LLB-3 Year Program. LawOF: What made you chose LLB? Utkarsh Goel: Since my school days, I had always been interested in law.

How do I prepare for a legal interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.

How do you answer tell me about yourself?

Your answer to the "tell me about yourself" question should describe your current situation, your past job experience, the reason you're a good fit for the role, and how you align with the company values. Tell the interviewer about your current position and a recent big accomplishment or positive feedback you received.

What should we write in tell me about yourself?

A simple formula for answering “Tell me about yourself” Present: Talk a little bit about what your current role is, the scope of it, and perhaps a big recent accomplishment. Past: Tell the interviewer how you got there and/or mention previous experience that's relevant to the job and company you're applying for.

Our Blog

The senior citizen population of the United States is increasing rapidly as the baby boomer generation ages, and the influx of international migration continues. Although the US average life expectancy has seen a slight three-year decline, many Americans, men, and women live well into their 80s, 90s, and beyond.

How Can an Elder Law Attorney Help You?

The senior citizen population of the United States is increasing rapidly as the baby boomer generation ages, and the influx of international migration continues. Although the US average life expectancy has seen a slight three-year decline, many Americans, men, and women live well into their 80s, 90s, and beyond.

What can an elder law attorney do?

An elder law attorney can help determine whether you are eligible for either program, discuss strategies for spending, advise whether it is in your best interest to apply, and help with the application process. Medicaid may be able to serve as a partial funding mechanism even if you have significant resources available.

What is elder law?

Elder law incorporates elements of financial and estate planning, but it also considers a broader perspective such as medical concerns and other issues facing older adults. Estate planning deals primarily with financial planning for persons of any age and protecting assets when an individual passes away.

Why is a power of attorney considered a legal issue?

Because a power of attorney provides less authority than guardianship or conservatorship, there can be some legal dispute over actions taken by an agent. POA abuse is also an issue since it could involve coercion, in which an older adult is made to give POA against his or her will.

What to consider when choosing a representative?

Some common aspects to consider in choosing representatives are where they live, their relationship to one another, their professions, and how busy they are. Sometimes these conversations seem invasive, but they are vital to determine who is acting in your best interest, who will be supportive in the future, and who you can trust to assist in executing your affairs.

Is it too early to seek elder law counsel?

It’s never too early to seek the counsel of an elder law attorney. Planning your affairs — even before retirement — can save years of headaches. Finding a professional you trust can be tough. Contacting current financial planners, attorneys, medical professionals, friends who have enlisted such services, or members of your social clubs may be beneficial. You can also search online at the National Association of Elder Law Attorneys.

Can you use Medicaid to pay for living expenses?

A couple’s resources are assessed together to determine how much a spouse can keep. Some of your income could also be diverted to your spouse to help pay for living expenses, which will reduce how much you pay for monthly care supplemented by Medicaid.

Can elderly people be moved to long term care?

Some older adults can rely on family members or other caregivers to perform small assistance tasks, but people without family or with more severe medical concerns may need to relocate to community-based long-term care facilities.

What does an elder law attorney do?

Elder law attorneys often work in conjunction with other professionals in various fields to coordinate care, legal protections, and financing. The issues they may tackle include:

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.

How to get referrals for legal counsel?

Ask for referrals from friends and family who have hired legal counsel to handle similar issues and in similar circumstances. You don’t need to delve into the nitty-gritty details of your friend’s legal affairs, but you will want to ask what matters the attorney helped with and how satisfied your friend was with the level of service.

What happens when a person is unable to make decisions for him or herself?

When a person is unable to make decisions for him or herself, whether it be paying utility bills or choosing a doctor, someone needs to assume responsibility for that individual’s affairs. If no one has the legal authority to act, the court will appoint a legal guardian.

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.

Confusion Between Medicaid and Medicare

The difference between Medicaid and Medicare is often the biggest source of confusion for the elderly and their families. Medicare is an insurance program for adults 65 years old and over and for certain individuals with serious disabilities.

Benefits of Utilizing an Elder Law Attorney for Medicaid Planning

Our experience with Medicaid Planning allows us to have a comprehensive understanding of the rules and regulations in both Pennsylvania and New Jersey. We help families by identifying comprehensive strategies to legally obtain and maintain eligibility for public benefits.

image