what can an elder care attorney do

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...
• Create a durable power of attorney.
• Provide help with health care and planning, including long term care options, patient rights, Medicare, and health care...

Full Answer

Who needs an elder care attorney?

Jan 25, 2022 · What Areas of Life Can an Elder Law Attorney Be Helpful? Social Security. You can qualify and apply for Social Security benefits when you are 61 and nine months old. Currently,... Medicare. Medicare is the federal health insurance program for Americans 65 and older. It’s a great benefit the... ...

How to become an elder care advocate?

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.

When should one consider hiring an elder law attorney?

Oct 17, 2019 · In a nutshell, elder law addresses the concerns of seniors and their loved ones (often their adult children) as regards healthcare, finances, housing, and care. Elder law attorneys can help caregivers make appropriate choices regarding a client’s long-term care, and many specialize in estate management, finances, elder abuse cases, Medicare ...

What questions should I Ask an elder law attorney?

May 17, 2021 · 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... Create a durable power of attorney. Provide help with health care and planning, including long term care options, ...

Why is elder financial abuse so common?

Seniors often have difficulty reporting this abuse, common reasons being that the perpetrator was someone trusted or they were unaware of the occurrence.

What can an elder law attorney do?

This article provides a list of six things an elder law attorney can do to help family caregivers. In a nutshell, elder law addresses the concerns of seniors and their loved ones (often their adult children) as regards healthcare, finances, housing, and care. Elder law attorneys can help caregivers make appropriate choices regarding a client’s long-term care, and many specialize in estate management, finances, elder abuse cases, Medicare and social security, long-term care placements, and assets. Between all of these specialties, you can find an elder law attorney capable of assisting with advice, long-term care plans, durable powers of attorney, Medicaid, assets, and information.

How to become an elder law attorney?

An elder law attorney can help with any one of the following: 1 Discuss the importance of wills and estate planning, including planning for a minor or adult with special needs, probate proceedings, and other matters. 2 Create a durable power of attorney. 3 Provide help with health care and planning, including long term care options, patient rights, Medicare, and health care power of attorney. 4 Financial representation: financial planning (including durable financial power of attorney ), housing opportunities and planning, income, estate, and gift tax matters. 5 Guardianship: help with the selection and appointment of a legal guardian. 6 Help locate long term care facilities and manage assisted living cost. 7 Explain nursing home resident rights and help file nursing home claims. 8 Draft a living will or other advance directives, including a durable power of attorney and long term planning documents.

Why are elder law attorneys considered specialists?

In many ways, elder law attorneys are "specialists" because of their focus on the needs of older adults, which are often different and more specialized than the needs of younger adults.

What is elder law?

Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters. In many ways, elder law attorneys are "specialists" because of their focus on the needs ...

What is Guardianship?

An elder care attorney can establish guardianship over the person and conservatorship over the property if an elderly loved one is determined to be incapacitated by an acute condition or chronic health concern . Guardians have a number of responsibilities, so choosing the right guardian is essential.

Do You Need Financial Representation?

Senior citizens are among the most vulnerable to identity theft and financial abuse. An elder care attorney can act either as a financial representation to help protect an elder’s assets, or can help you establish representation by you for your loved one, as well as provide litigation services in the event that financial abuse occurs.

Nursing Home Abuse or Neglect Claims

Navigating the legal system after a nursing home abuse or neglect claim is difficult. Elder care attorneys work with the elders and their families to ensure that they get the settlement they deserve and that the nursing home is held responsible for the physical, psychological and emotional injury caused by the home’s negligence.

Clarence O. Taylor, Your Marietta Elder Care Lawyer

Elder care law seeks to protect aging loved ones from abuse, neglect, and financial difficulties, and preparing now can help improve your elderly family members’ lives later. Hiring an elder care attorney is an important decision, and needs to be carefully considered. To talk with Clarence about your family’s needs, call us at (678) 738-0056.

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.

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 ...

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.

How does Medicaid annuity work?

This strategy reduces one’s countable assets, while at the same time , protecting some of them for family. Essentially, Medicaid applicants gift approximately half of their “excess” assets (assets over Medicaid’s limit) to their loved ones and then purchase an annuity with the remaining “excess” assets. (An annuity turns countable assets ...

How long does it take for Medicaid to pay for long term care?

Medicaid attorneys and specialists also assist with crisis planning, which occurs when a senior needs Medicaid benefits within 30-60 days.

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.

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 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.

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:

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.