how to find the right elderly attorney

by Prof. Eliseo Windler 9 min read

2 ways to find an elder law attorney
  1. 2 ways to find an elder law attorney. Get a referral from someone you know. ...
  2. Get a referral from someone you know. Getting a referral from family or a friend is a great way to find a lawyer. ...
  3. Check the National Academy of of Elder Law Attorneys.

What is an elder law attorney?

An elder law attorney is an attorney that specializes in laws specific to individuals who are over the age of 65. There are many important issues that an elder law attorney can assist you with, including: Your rights to social security benefits; Retirement plans;

What are the legal issues with elder care?

An elder care lawsuit is most likely to arise due to age discrimination. The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age and older from age discrimination in the workplace. The ADEA applies to current employees as well as job applicants. Issues may arise under the ADEA regarding: 1 Hiring; 2 Firing; 3 Promotions; 4 Wages; and 5 Workplace conditions.

Why is it important to have your wishes in writing?

It is imperative that you have your wishes in writing to ensure that they are carried out as you desire. An elder law attorney can be an invaluable asset when planning for the future. If you are someone trying to help your parents plan for their future or retirement, an elder law attorney may be a great recommendation.

Why is it so hard to qualify for SSI?

It may be difficult to qualify for SSI because of the limitations on income and assets. An elder law attorney can examine your situation and determine which type of Social Security you may be eligible to receive. An elder care lawyer can also assist you in planning for the distribution of your estate upon your passing.

What is the most important thing to retire?

One of the most important things Americans look forward to in their retirement is Social Security benefits . An elder care lawyer can assist you with any aspect of Social Security. The Social Security Administration (SSA) provides funds to senior citizens and individuals with disabilities.

What to do if you are still employed?

If you are still employed, your elder care lawyer will ensure that your rights are protected at work and you are not subjected to age discrimination. If you are not quite in your golden years yet but are looking to plan for them, an elder law lawyer can advise you on the best plans to make now in order to enjoy your golden years later.

What is retirement plan?

Retirement plans are used to provide income after you retire. The most common types are IRAs and 401 (k) plans. Additionally, some large businesses provide pensions to employees which include a monthly payment based on the length of employment.

How to find an elder law attorney?

2 ways to find an elder law attorney. 1. Get a referral from someone you know. Getting a referral from family or a friend is a great way to find a lawyer.

How can an elder law attorney help seniors?

2 ways an elder law attorney helps seniors and family caregivers. 1. Plan for the future and protect assets. An elder law attorney has the expertise to make recommendations on how to plan for future care needs. They often answer questions like:

What is elder law?

Elder law is a specialized legal area focused on older adults and their adult children. This legal specialty focuses on specific needs, including: Power of attorney and other important legal documents. Long term care planning and paying for care. Medicare and Medicaid planning.

Why is elder law important?

Having the essential legal documents in place gives you the necessary legal rights to provide the best care for your older adult, now and at the end of life. That’s why it’s so important to find an expert lawyer that you trust to draw up the right documents.

What an Elder Law lawyer can do for you

An attorney who specializes in elder law will help an elderly or disabled family member or loved one arrange long-term healthcare and estate planning. Establishing a healthcare power of attorney and planning end-of-life decisions, such as do not resuscitate orders and beneficiaries of an estate, can all be done with help from an elder law attorney.

Why hire an Elder law attorney

Elder law attorneys and elder care lawyers deal with issues related to elderly and disabled people. They write wills, answer tax questions, and plan strategies for obtaining disability, Social Security, Medicaid, and Medicare payments.

Did you know?

According to a report by the Schuyler Center, 56% of elder abuse victims identified family members as suspects. Eighteen percent cited a home care worker, while 24% identified a friend. Additionally, only one in seven power of attorney-related cases are prosecuted.

What to bring to an estate planning appointment?

Once you have arranged an appointment, be sure to bring all information necessary to get the most out of the time with your attorney. Fully informed, open communication will result in the best outcome for estate planning services, long term care planning, and asset protection. Information to bring: 1 Bank and investment account statments including joint accounts 2 Retirement statements including pensions, IRAs and 401 (k)s 3 Mortgage and property tax statements 4 Debt summaries 5 Asset summaries including vehicles, significant posessions, pre-paid funeral plans, and/or expected inheritance 6 Life insurance policies 7 Health insurance policies, including long term care or disability policies 8 Income sources of self and spouse 9 Dependent information 10 Prior estate planning documents including wills, trusts, POA

Who is Bruce Rosenblatt?

Bruce Rosenblatt is a senior housing expert with decades of experience in the elder care industry. Bruce developed Senior Housing Solutions in 2009 and now uses his expertise to educate clients on all available living options and assist them in finding the best fit for their needs and lifestyle.

Do people realize the degree of specialization that exists among attorneys?

“Many people do not realize the degree of specialization that exists among attorneys,” Heiser notes. “You want to make sure that the attorney you hire matches your particular area (s) of concern.”

Can a will be a personal representative?

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.

Is elder law the same as estate law?

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.

What does legal insurance cover?

These plans vary. Many cover most, if not all, of the cost of legal consultations, document preparation, and court representation in routine legal matters. Other programs cover only advice and consultation with a lawyer.

How long can you be in jail for a crime?

Constitution guarantees you the right to be represented by a lawyer in any case in which you could be incarcerated for six months or more. State constitutions may guarantee your right to a lawyer for lesser crimes.

Can you be incarcerated for six months?

If you are accused of a crime, the U.S. Constitution guarantees you the right to be represented by a lawyer in any case in which you could be incarcerated for six months or more. State constitutions may guarantee your right to a lawyer for lesser crimes. If you cannot afford a lawyer, either the judge hearing the case will appoint a private lawyer to represent you free of charge or the government’s public defender will handle your case, also at no charge.

image