how do i get a criminal, civil and elder care attorney if i dont have money

How can an elder law attorney help my older adult?

Mar 22, 2022 · Elder law attorneys, also called elder care attorneys, estate and trust attorneys, or Medicaid lawyers, assist persons in preparing for long-term care and death. They assist seniors in a large and diverse array of legal tasks. This encompasses retirement planning, estate planning, creating wills and durable power of attorney, appointing ...

How much does it cost to hire an elder law attorney?

You have a taxable estate for federal and/or state estate tax purposes. You'll need the counseling and advice of an experienced elder law attorney to assist with your future plans if one or more of these situations apply to you. Otherwise, your state, an ex-spouse, or the Internal Revenue Service might receive control of or the largest chunk of ...

How can an elder law attorney help a married couple qualify for Medicaid?

Or for free non-profit elder law attorneys, many of which specialize in helping low income senior citizens, call 202-295-1500. Qualified elder law attorneys can prove to be a valuable asset to seniors. From taking care of legal matters to navigating healthcare or helping with applications to financial assistance programs, there's a lot they can ...

How much does a Medicaid lawyer cost?

Nov 05, 2021 · Civil Legal aid is free legal assistance to low- and middle-income people who have civil legal problems. These problems are non-criminal; rather, civil legal aid helps people access basic necessities such as health care, housing, government benefits, employment, and educational services. Many people are surprised to learn that the right to a ...

What is it called when you can't afford a lawyer?

What if a person can't afford to have a lawyer for his or her defense?

Can I represent myself in court?

How can I get free legal advice in California?

What do elder law attorneys do?

What Elder Law Attorneys Do? Elder law attorneys, also called elder care attorneys, estate and trust attorneys, or Medicaid lawyers, assist persons in preparing for long-term care and death. They assist seniors in a large and diverse array of legal tasks, which encompasses retirement planning, estate planning, creating wills and durable power ...

What is the role of a Medicaid attorney?

On the other hand, Medicaid attorneys often focus more on the legal aspects of Medicaid planning, such as creating Medicaid asset protection trusts or Qualified income trusts, which makes them the better option for this type of assistance.

Can you gift assets to Medicaid?

This is because Medicaid has a look back period. During this period, an applicant cannot gift assets or sell assets for less than market value in an attempt to meet Medicaid’s asset limit.

How long does Medicaid look back?

The look back period is 5 years in all states except California (Medi-Cal has a 2.5 year look back).

What is a Miller Trust?

An option to meet the income limit in this case is a Miller Trust, often referred to as a Qualified Income Trust (QIT). In oversimplified language, income that is over Medicaid’s income limit is put into an irrevocable (meaning it cannot be changed or cancelled) trust to be used for very specific purposes.

What is a medicaid planner?

For persons who have Medicaid cases that are fairly simple and straightforward, a Medicaid planner, also called a Medicaid specialist or a Medicaid Advisor, might be a good option. Working with a professional Medicaid planner can be a lot more cost efficient than working with a Medicaid attorney.

What is Medicaid asset protection trust?

One such strategy that elder law attorneys can implement is a Medicaid asset protection trust (MAPT). This type of trust not only prevents one from becoming ineligible for Medicaid due to gifting assets ...

Do lawyers have pro bono?

Many bar associations have pro bono programs staffed by attorneys who've agreed to devote a share of their time to providing free legal representation to eligible clients. You may qualify based on income or other factors, like having AIDS, being an abused spouse, or being elderly.

Do law schools have clinical programs?

Many U.S. law schools have clinical programs that are run by law professors and staffed by law students. These clinics give the students academic credit, exposing them to real-world legal issues under professional supervision. Clinics typically offer free legal services to individuals in the community.

What is nonprofit legal services?

Depending what is available in your area, you may find a nonprofit (charitable) organization with lawyers or legal assistants on staff, dedicated to providing low-cost legal services to particular populations. For example, various nonprofits serve senior citizens, immigrants and refugees, disabled or mentally challenged persons, artists youth, battered women, low-income tenants, and so on. Such organizations might also coordinate getting pro bono (free) help from attorneys in private practice.

Avoid costly mistakes by hiring an elder law attorney

Julie Ann Garber is a vice president at BMO Harris Wealth management, a CFP, and has 25 years of experience as a lawyer and trust officer. Julie Ann has been quoted in The New York Times, the New York Post, Consumer Reports, Insurance News Net Magazine, and many other publications.

It's Not Just About Dying

Elder law isn't the same thing as estate law, although they cover some of the same issues. Elder law addresses your finances and property in such a way as to best provide for you and your family while you're still alive.

Medicaid Issues

Medicaid imposes some strict guidelines for eligibility should you ever need long-term care. Benefits are income- and asset-based, but you can't just give away everything you own to qualify if you suspect you might need this type of care sometime in the imminent future.

Sorting Out Complex Family and Financial Situations

Take a look at your life and your assets to see if you fit into one or more of these situations that can impact your finances:

State Laws Determine Elder Law Rules

State laws are very specific about what can and cannot be included in a will, trust, advance medical directive, or financial power of attorney. These laws control who can and cannot serve as a personal representative, trustee, health care surrogate, or attorney-in-fact under a power of attorney.

How Much Will a Lawyer Cost?

That old Latin saying “caveat emptor” or “buyer beware” certainly applies to elder law matters if you're thinking of handling things yourself with a little store-bought assistance.

How to Find an Elder Law Attorney

The National Academy of Elder Law Attorneys is comprised of lawyers who specialize in this field. It's a non-profit organization that's been around to assist seniors since 1987. Members are located in the U.S., Canada, the United Kingdom, and Australia. You can search their website for assistance in finding someone in your area to work with you.

What is an elder law attorney?

An elder law attorney helps the elderly find their way around the complex personal, medical, legal and financial choices that they must make at various points in their life. They can also support caregivers and children who need to care for their parents.

Do attorneys charge by the hour?

Attorneys usually won't be able to give you an exact fee quote until they spend time studying your requirements. In these cases, they give you a fee range that you can use. Some attorneys charge by the hour, and others charge a flat fee. Some charge for phone calls and emails and others don't.

What is civil legal aid?

Civil Legal aid is free legal assistance to low- and middle-income people who have civil legal problems. These problems are non-criminal; rather, civil legal aid helps people access basic necessities such as health care, housing, government benefits, employment, and educational services. Many people are surprised to learn ...

Why is civil legal aid important?

Raising awareness about the vital role of civil legal aid is critically important because research demonstrates the majority of low- and moderate-income Americans don’t see the issues they’re encountering as legal problems—frustrating efforts to match people with appropriate services.

What can elder law attorneys do?

Elder law attorneys can identify and alert family members to financial exploitation they might otherwise have missed. When Dad and Mom slow down or their health declines, that gives a bad neighbor the opportunity to come over and start ‘helping out’ or an unscrupulous adult child to obtain access to financial accounts, says Simasko.

What is elder law?

According to the National Academy of Elder Law Attorneys, elder law encompasses many fields of law, with elder law attorneys specializing in numerous areas, which can include: Administration and management of estates and trusts. Elder abuse and fraud. Estate planning, probate, trusts, wills and other financial documents.

Who is Patrick Simasko?

Families are frequently split on the type of care they want for their parents, says Patrick Simasko, a certified elder law attorney in Mount Clemens, Michigan. However, an elder law attorney can advise what is best without emotions influencing decisions.

What is dependent adult abuse?

“ Dependent adult abuse ” means: (1) Any of the following as a result of the willful or negligent acts or omissions of a caretaker: (a) Physical injury to, or injury which is at a variance with the history given of the injury, or unreasonable confinement, unreasonable punishment, or assault of a dependent adult.

What is a Class A misdemeanor?

for the person's own profit or advantage or for the profit or advantage of another person, but not for the profit or advantage of a person described in subdivision (1) or (2), commits exploitation of a dependent or an endangered adult, a Class A misdemeanor.

What is the definition of adult protective services?

(l) Financial or Property Exploitation means illegal or improper use of an elderly or adult with a disability's money, property, or other resources for monetary or personal benefit, profit or gain. This includes, but is not limited to, theft, misappropriation, concealment, ...

What is the definition of an adult?

Exploitation. “Exploitation” means the illegal or improper use of an incapacitated or dependent adult or that adult's resources for another's profit or advantage. 2. Adult. “Adult” means any person who has attained 18 years of age or who is a legally emancipated minor. 6. Dependent adult.

What is Chapter 15?

Chapter 15. The Elder and Dependent Adult Abuse Prevention Act (c) ‘Abuse of an elder or dependent adult‘ means any of the following: (1) Physical, emotional or financial abuse, neglect, abandonment, isolation, abduction, or other treatment resulting in physical or emotional injury, maltreatment, sexual conduct with an elder or dependent adult, ...

What is 15610.30?

Definitions. § 15610.30. Financial abuse. (a) “ Financial abuse ” of an elder or dependent adult occurs when a person or entity does any of the following: (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

What is financial abuse?

(a) “ Financial abuse ” of an elder or dependent adult occurs when a person or entity does any of the following: (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

What is an elder law attorney?

An elder law attorney is a lawyer specializing in issues that affect the aging community. Elder law attorneys are experts in Medicaid and related issues, but their expertise extends to all broader issues related to elder care, aging, and the law – a wide-reaching, often complicated milieu of interrelated topics.

What is the difference between a Medicaid specialist and an elder law attorney?

The biggest difference between a Medicaid specialist and an elder law attorney is that Medicaid specialists are not lawyers. Likewise, elder law attorneys cannot call themselves “Medicaid specialists,” as this is not a designated law specialization.

What is elder law?

Elder law attorneys are experts in Medicaid and related issues, but their expertise extends to all broader issues related to elder care, aging, and the law – a wide-reaching, often complicated milieu of interrelated topics . An elder law attorney can do everything a Medicaid specialist does, and additionally offers legal services related to aging, ...

What is a medicaid specialist?

A Medicaid specialist is a person or niche firm that specializes in establishing Medicaid eligibility, facilitating the application process, and even completing the actual application on behalf of the Medicaid recipient.

Avoiding Medicaid Penalties

Medicaid planning is very complex, and most people are not familiar with the various exceptions and exemptions to the gifting rules. For example, most Medicaid applications will ask if an applicant has made any gifts or other asset transfers for less than fair market value within the last 60 months (or 30 months in California).

Protecting the Community Spouse

The financial Medicaid eligibility rules for married couples are different from those for unmarried applicants.

Navigating the Medicaid Spend-Down Process

It may also be possible for an applicant to reorganize their assets and income in ways that help them continue living in the community for as long as possible but also ensure they will qualify for long-term care Medicaid when they need it.

Deciding When to Apply for Medicaid

Finally, applying too early or too late can cost a senior and their family many thousands of dollars. It’s best to begin thinking about the application process at least five years before a senior anticipates needing long-term care. This will allow for asset preservation prior to the look-back period.

Federally Funded Programs

Charitable Organizations Serving Particular Populations

Pro Bono Programs and Bar Associations

Law School Clinics

Courthouse Facilitators

Low-Cost Legal Programs

• It's easy to have too much income to qualify for legal services, yet still be unable to afford a private attorney. There are programs to help people who fall into this group. Telephone hotlines, for example, may charge by the minute. Or, look for sliding-fee programs to get you the advice and representation you need at the lowest price possible. Th...

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