is it necessary to see an elder law attorney when getting long term care at a nursing facility

If you need long-term home or nursing facility care, your needs will best be served by an Elder Law attorney. One other important consideration: an Elder Law firm will have unique and in-depth insight into the rights of senior citizens.

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How Elder Law Became a Practice

The Older Americans Act (OAA) was signed into law by President Lyndon B. Johnson and is credited by the American Bar Association with being the foundation for the practice of elder law. The OAA was the first initiative on a federal level to address and provide a wide range of services for senior citizens.

What Areas of Life Can an Elder Law Attorney Be Helpful?

At some point in our life, chances are good we will need the help of an attorney. As we age and begin planning for our retirement future, and ultimately, our death, seeking counsel from an elder law attorney can be beneficial. Attorneys who practice elder law are knowledgeable in several areas that directly affect senior citizens.

What Questions Should I Ask When Choosing An Elder Law Attorney?

If you decide that speaking with an elder law attorney is right for you, there are some questions you will want to consider asking before entering into an agreement. The National Academy of Elder Law Attorneys (NAELA) says in your initial phone call to an attorney’s office, you may end up speaking with the attorney’s secretary or office manager.

What Questions Should I Ask At My First Meeting With An Elder Law Attorney?

NAELA also has a recommended list of questions to ask when you choose an elder law attorney you want to work with. Once you’ve explained your particular situation and the reason for your meeting, you’ll want to find out the answer to the following issues:

How Do I Find An Elder Law Attorney?

If you would like to find an elder law attorney to speak with or work with, asking your friends and family who they recommend is always a good place to start. The National Elder Law Foundation (NELF) is the only national organization that certifies elder and special needs law attorneys.

Why is it important to hire an elder care attorney?

Hiring an elder care attorney is important when you’re trying to navigate the landscape of dealing with Medicare and Medicaid. Medicare is an automatic benefit for older Americans after a certain age. With the combined efforts of Medicaid for lower-income Americans, you can help pay for long-term care in some states.

What does an elder care lawyer do?

An elder care law specialist will ensure that your loved one isn’t the victim of these issues. With a lawyer on your side, everyone will know that your loved one is protected. If they do suffer from a traumatic abuse or get taken advantage of, your lawyer knows how to punish them to the full extent of the law.

Why do we need a power of attorney?

Getting power of attorney is the first step in being able to ensure that your loved one has the care they deserve without any complications. When elder Americans are suffering from a chronic illness or disease, time may be of the essence.

What happens if an elderly person has a disability?

If your elderly loved one has a disability, they might find travel to be a struggle. They might need special accommodations that their care facility doesn’t feel compelled to provide. Whether or not they want to provide that care, it might be their legal responsibility.

Can elder care attorneys fight curfews?

If there are limitations to travel or restrictions that your loved one is dealing with, the elder care attorney knows how to navigate those rough patches. They can make a sound argument why their residential home should be providing travel services and they can fight for extended curfews.

What Is an Elder Care Attorney?

An elder care attorney helps seniors protect their rights as they age and helps them navigate the legal issues that occur during their golden years. They can help with Medicaid and advanced long-term care planning to help protect seniors’ homes and various assets. Paying for long-term care out of pocket can be financially draining, but an elder care attorney can help to mitigate those out-of-pocket expenses as well as help with financial planning.

What is a special needs trust?

Setting up a special needs trust can help to prepare for lifestyle expenses or other potential needs that public assistance benefits such as Medicaid, Social Security Insurance (SSI) and Section 8 housing may not cover.

Can an elder care attorney help with out of pocket expenses?

Paying for long-term care out of pocket can be financially draining, but an elder care attorney can help to mitigate those out-of-pocket expenses as well as help with financial planning. Choosing a power of attorney, someone designated as the main authority to help decide how and where money is spent, can be difficult, ...

What can an elder care attorney do?

While elder care attorneys can assist in organizing the affairs that will occur after your death, they can also help you prepare for your declining years without becoming a burden on your family. The same lawyer who helped create your will is in the best position to help plan for long-term care needs should the situation become necessary.

How Can an Elder Attorney Help?

An experienced elder law attorney will work with you to develop a plan. The lawyer will discuss and review your circumstances and propose appropriate financial strategies that involve the right moves to optimize your estate plan, establish a financial power of attorney, and discuss advanced medical care directives.

What age can you expect to need long term care?

But, if we live long enough, most of us will require that special level of attention and support. According to AARP, 70% of us who reach the age of 65 can expect to need some form of long-term care or assistance at some point. In many instances, the onset of aging characterized by mobility and mental limitations, dementia, Alzheimer’s, ...

How much does nursing home care cost in New Jersey?

Many New Jersey nursing home facilities cost over $100,000 per year. Individuals and families might consider long-term care ...

Can you get long term care insurance if you have pre-existing conditions?

But, like any insurance, premium costs will only be recovered if you use the insurance. Besides, not everyone can qualify for the long-term care insurance, especially those with pre-existing conditions. It is also important to note that an individual’s wealth can be depleted before Medicaid begins to help pay for the stay in any long-term care ...

What is Elder Law of Nashville?

Elder Law of Nashville PLC provides empathetic and caring guidance as your family navigates questions of long-term care for a sick, disabled, or aging loved one. Long-term care can be costly, but with proper planning, you can be prepared for the challenges that lie ahead. We will help you answer the tough questions that can arise during long-term care planning. For instance, how will you preserve family wealth while ensuring that your loved one receives top quality nursing care, assisted living, home health, or hospice services? How can your family find the best quality care for your loved one given your financial resources? The attorneys at Elder Law of Nashville PLC have the knowledge and experience to help your family find the peace of mind you deserve.

What does planning mean in long term care?

Planning means that the ill person in need of long term care may be better able to designate a person to make decisions on their behalf. Too many families wait until a crisis arises before asking these hard questions. By the time a crisis arises, it may be too late to get input from your loved one.

What is the fear of not knowing what will happen to your loved one?

The fear of not knowing what will happen to your loved one, or even to you as you age and as an illness progresses, is unnecessary suffering. With proper long-term planning, your family can get the peace of mind it deserves. Whether you are facing a diagnosis of Alzheimer’s, dementia, Parkinson’s, or have a new disability ...

Is it too soon to start planning for long term care?

Long-term care planning can involve many stakeholders, from medical experts to financial advisors. It is never too soon to start planning. If you have questions, contact the long-term care lawyers at Elder Law of Nashville PLC today. We can help.

Is self care important for a caregiver?

Self-care as a caregiver is incredibly important. In fact, according to AARP, caregivers are at greater risk of getting sick or injured. If you wear yourself out in the process of caring for your loved one, you might find yourself overwhelmed and unable to care for them.

New York Long-Term Care Lawyers

Long-term care (LTC) insurance can be a good way to protect your assets and your family from the high costs of care associated with getting older. But like with other types of insurance, carriers tend to deny the claim first and ask questions later. This can lead to an unexpected cash crunch - in addition to stress at an already difficult time.

What Is Long-Term Care Insurance?

Long-term care policies are designed to cover or defray the cost of home care, assisted living, nursing home care and other care needs.

Contact Cona Elder Law for LTC Insurance Claims and Appeals

When it comes to your long-term care insurance, you do not have to simply accept a denial of coverage. The New York Long-term care insurance attorneys at Cona Elder Law will fight for your rights and your benefits. We bring more than 20 years of experience helping residents throughout New York win long-term care insurance denials and appeals.