what can an elder law attorney do for you?

by Morton Kulas 4 min read

There Are Many Things An Elder Law Attorney Can Help With

  1. Finances and Property. An elder law attorney can help you address pressing matters related to finances, property, and other vital assets.
  2. Long-term Care Planning. Long-term care planning often involves helping seniors obtain special services when they can no longer live alone and take care of themselves.
  3. Veteran Medical Care. ...

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Full Answer

What questions should I Ask an elder law attorney?

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:

What is elder law and how can it help you?

Elder Law is a specialized area of law that involves representing, counseling, and assisting seniors, disabled individuals, and their families in connection with a variety of legal issues, from estate planning to long-term care issues, with emphasis on promoting the highest quality of life.

What do elderly lawyers do?

Elder law is a legal practice tailored to the needs of senior citizens. A big component is finding and affording long-term care, like in a nursing home. Elder law attorneys might also be able to help create an estate plan. While elder law and estate planning overlap, they are not the same

What does elder law cover?

What questions should I ask an elder law attorney?

  • How does elder law differ from general law practice? …
  • At what age should a person contact an elder law attorney? …
  • How much preparation is required on my part? …
  • What about planning for a disabled or dependent child? …
  • How do I avoid probate? …
  • How do I avoid estate taxes?

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What is an elder law attorney?

Elder law attorneys are advocates for the elderly and their loved ones. 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.

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 Questions Should I Ask an Elder Law Attorney?

Also, before selecting an elder law attorney, you should feel comfortable that he or she will represent you or your loved one in a sensitive and understanding manner.

What is the importance of wills and estate planning?

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.

What Does Elder Law Encompass?

Elder law explores several different aspects of the law. Lawyers that work in this field use their vast knowledge to address the various legal and financial issues that families incur when caring for their elderly parents. Some of the legal issues that elder lawyers handle include:

Do You Need To Hire An Elder Law Attorney?

Having a skilled elder law attorney is very important because it can help you and your family plan for the future and ensure your loved ones are protected. An elder law attorney can help you prepare for what happens as your loved ones age and in the event that they can no longer care for themselves.

There Are Many Things An Elder Law Attorney Can Help With

An elder law attorney can help you address pressing matters related to finances, property, and other vital assets. An elder legal expert can help you make the best decisions that ensure your family’s financial well-being for the future. An attorney well-versed in elder law can help you economically adjust to all possible eventualities.

Brackin & Johnson – Experienced Elder Law Attorneys

As a senior or the loved one of a senior, an experienced elder lawyer can help you address legal matters that can affect one’s quality of life and health. You’ll need an expert to interpret complex Alabama laws and you’ll want the very best to help you plan for your loved ones.

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.

What is long term care?

Long-term care facilities also provide care and assistance with the activities of daily living, but the staff is present during the night to respond to issues more quickly. To receive care in a nursing facility, you typically would have a medical need such as wound care or intravenous injections.

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.

What do elder law attorneys look for?

So, it’s a good idea to look for a lawyer with experience handling matters similar to your older adult’s. For example, if they need a Power of Attorney, long term care planning, and estate planning, ask prospective attorneys to describe their experience with those matters.

What Does Elder Law Mean?

Elder law is an area of legal practice that specializes on issues that affect the aging population. The purpose of elder law planning is to prepare the elderly person for financial freedom and autonomy through proper financial planning and long-term care options.

What is the difference between estate planning and elder law?

The basic difference is that Elder Law planning seeks to preserve your income and assets for use while you are alive. … Estate planning is primarily concerned with implementing your wishes and distributing your assets after you pass on, in the most efficient and tax advantaged way.

How much does an elder attorney cost?

The attorney’s fee schedule is as follows: 4% of the first $100,000 of the gross value of the probate estate. 3% of the next $100,000.

What is elder law in Florida?

The Elder Law Section exists to cultivate and promote professionalism, expertise and knowledge in the practice of law regarding issues affecting the elderly and persons with special needs, and advocates on behalf of its members.

Should I hire an elder law attorney?

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.

2. 6. Why Hire an Elder Law Attorney? – Lamson & Cutner, P.C

Elder Law planning seeks to preserve your money, income and assets, to be used for your benefit and care while you’re still alive. Estate planning focuses on (4) …

3. Do You or a Family Member Need to Hire an Elder Law Attorney

An elder law attorney can help you plan for what will happen if you should become mentally or physically incapable of taking care of yourself and your own (7) …

5. What Is Elder Law & Do I Need an Elder Law Attorney?

Jul 26, 2019 — To make sure someone you trust is in control of your finances and legal decisions if you are incapacitated, it’s important to consider a durable (14) …

7. 10 Frequently Asked Questions for Elder Law Attorneys

May 22, 2018 — Elder law attorneys help individuals and their families plan for retiree benefits, healthcare and long-term care, Medicaid and Medicare coverage (21) …

8. Florida elder law attorney – The Law Offices of Hoyt & Bryan

You should absolutely contact an elder law attorney if you have never done any estate planning or if you have not updated your estate plan in the last three (24) …

What Is an Elder Law Attorney?

Elder law attorneys speciali ze in working with seniors or caregivers of aging family members on legal matters that older adults face as they age. Some elder law attorneys have the designation of Certified Elder Law Attorney (CELA), a certification issued by the National Elder Law Foundation.

What to know before hiring an elder law attorney?

Before you hire an elder law attorney, the National Academy of Elder Law Attorneys (NAELA) recommends first making sure you’re facing a legal matter that requires an elder law attorney’s expertise. If you’re unsure, consult your financial advisor, estate planning attorney or other legal professionals who can help you decide whether you may benefit from hiring an elder law attorney.

How Much Do Elder Law Attorneys Charge?

For conventional estate planning documents alone, the fee could range from a few hundred dollars to a few thousand dollars, depending on the complexity of the estate, says Johns.

What is elder law?

Elder law attorneys help seniors or their family caregivers with legal issues and planning related to aging. Elder law attorneys often assist with tax planning, disability planning, probate and administration of an estate, nursing home placement and many other legal issues. Most elder law attorneys also have professional relationships with social workers, geriatric care managers and other professionals who can assist with additional needs associated with aging.

What is the requirement for an elder law attorney?

A Certified Elder Law Attorney must meet licensing and other requirements, including specific experience in elder law matters and continuing education in elder law. However, if an elder law attorney doesn’t have the CELA certification, they may still be just as experienced or skilled as a Certified Elder Law Attorney.

What to ask an elder law attorney before hiring?

Before hiring an elder law attorney, ask about—and make sure you understand—the fee for the first meeting and subsequent meetings and legal services. Ask about the attorney’s areas of expertise and specialization and whether the attorney is board-certified in elder and special needs law. Also ask if the elder law attorney has any warnings, reprimands, disbarments or sanctions against them in your state or other states.

How much does a probate attorney charge per hour?

Probate of wills and decedent’s estate administration: $250 to $350 an hour, although the rate would be less—$100 to $150 an hour—if the work is performed by paralegals with attorney supervision

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