what does elder care attorney do

Elder care attorneys work in four primary areas:

• Living wills & advanced directives
• Guardianship
• Financial representation
• Nursing home abuse or neglect claims

Full Answer

Who needs an elder care attorney?

Jan 25, 2022 · An elder law attorney well versed in proper Medicaid planning or estate planning can also help you make the best financial arrangements for your long-term care. Employment Discrimination The Age Discrimination Act makes it illegal for an employer to discriminate against you because of your age.

How to become an elder care advocate?

May 17, 2021 · 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 of older …

When should one consider hiring an elder law attorney?

Aug 07, 2019 · Elder care attorneys help elders and their families make the best decision for any situation involving a loved one who cannot for themselves. These decisions include who should hold power of attorney, long-term planning, and your loved one’s wishes and desires should they be in a medically fragile situation.

What questions should I Ask an elder law attorney?

How an elder law attorney can assist you. 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. These attorneys are trained to take into account any physical …

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.

Do elder law attorneys specialize in every area of law?

Most elder law attorneys do not specialize in every area of law affecting seniors, so it is important to hire an attorney who has experience in your particular area of concern.

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 is an elder law attorney?

From planning for the future, like making sure an estate plan is in place and establishing a durable power of attorney, to dealing with money matters in the here and now, such as tax guidance and coordinating with financial planners, an elder law attorney is typically well-versed in looking at clients’ larger financial picture.

Do elder law attorneys specialize in every area of law?

It’s important to note that elder law attorneys do not necessarily specialize in every area of law affecting seniors. If you’re especially concerned with a matter of guardianship, for instance, or need guidance on government benefits, take care to find an attorney with experience in that area.

What is elder law?

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.

Do elder law attorneys work for seniors?

Elder law attorneys may not focus on all aspects that might affect seniors, making it important for you to hire a lawyer who has experience in your area of need. Before you hire an attorney, it is also important for you to feel comfortable with him or her.

What are the issues that an elder law lawyer can handle?

Elder law lawyers may handle a broad variety of issues that affect elderly people and disabled people such as health care issues, long-term care planning, retirement, guardianship, Medicare, Medicaid, Social Security, and other issues.

How to become an elder law attorney?

An elder law attorney might help you with any of the following: 1 Advise you about wills and estate planning, including planning for adults or minors with special needs, probate issues, and other matters; 2 Create durable powers of attorney; 3 Provide assistance with long-term care and Medicaid planning; 4 Advise you on patient rights and Medicare; 5 Assist with financial planning; 6 Identify senior housing options; 7 Help you with gift tax, estate tax, and income tax matters.

Why are elder law attorneys better equipped?

Elder law attorneys may be better equipped to handle the sensitive physical and emotional needs of disabled or elderly adults so that they might help in a variety of difficult situations.

How do elder law attorneys bill?

How elder law attorneys bill for their services. In general, elderly law attorneys bill by the hour based on the services that they provide. Some elder law attorneys may agree to charge a flat fee based on a particular type of work such as documents review, tax return filing, or will preparation.

Can an elder law attorney file an estate claim?

If there are issues with a nursing home, and elder law attorney may help to file a claim. Finally, elder law attorneys may draft estate planning documents that your loved one needs.

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 ...

Do elder law attorneys work for Medicaid?

Not all elder law attorneys provide Medicaid planning services and not all Medicaid planners are elder law attorneys. It is important to find a lawyer or non-attorney, professional Medicaid planner that specializes in this area and is familiar with state law.

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

Some Medicaid lawyers offer free consultations, while others charge an initial consultation fee or offer Medicaid planning conferences that range in cost from approximately $175 – $500.

Is it necessary to have an attorney for Medicaid?

While this process can be labor intensive and complicated, in most states it is not required that the person providing assistance be an attorney. For this task, a professional Medicaid planner might be better suited, as it is generally more affordable than hiring an attorney.

Can a Medicaid attorney sell a trust?

In addition, Medicaid attorneys generally do not sell irrevocable funeral expense trusts. However, they can do so through a partnership with a licensed insurance sales agent. This type of trust is a legal contract between the Medicaid recipient and an insurance company.

Can a non-attorney do Medicaid?

Also, as covered above, it is illegal for non-attorneys to do some aspects of Medicaid planning in several states.

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.