Ask Your Elder Law Lawyer These 10 Questions
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When you consult with an elder care attorney, you can discuss all of your options and ultimately make an informed decision.
Elder care attorneys help clients come up with answers to long-term care questions. One way that you can prepare for long-term care expenses would be to purchase long-term care insurance. There are some pros and cons that go along with this course of action, and you can discuss them with your attorney.
Long-term care can be provided in different ways. People who need comprehensive care will reside in nursing homes. Those who are capable of maintaining a significant amount of independence often thrive in assisted-living communities. Some people can receive the living assistance that they need in their own homes.
It is important for most people to have these documents. For people where dementia is at issue, it is even more important. These are the documents you need: 1 a client-specific durable power of attorney containing long-term care planning provisions (generic forms rarely suffice) 2 health care directions (often referred to as Living Wills and Health Care Surrogate Designations) 3 a Last Will and Testament 4 a trust agreement.
The fact is that most people will require long-term care and most will either not be able to afford it or will get wiped out by the cost. There are legal and ethical ways of protecting one’s life savings against the cost of care without giving away assets and without waiting out penalty periods.
Courts have found that even people in the most advanced stages of dementia can be competent to sign important legal documents. Understand that the medical definition of incapacity is different from the legal definition of incapacity.
It is possible that a doctor could already have written a statement of incapacity regarding the person but this is not determinative of legal incapacity. The capacity requirements for each legal document can be different. Your attorney should discuss capacity issues with you and will know the legal requirements. 2.
It is typical for personal injury or trial lawyers to do free consultations. Most successful transactional attorneys (estate planning attorneys, elder law attorneys, etc.) charge a consultation fee. In fact, this may be one way to judge the demand and therefore the reputation of a particular lawyer. If the lawyer is “giving away” his or her time or is charging less than the norm, that may be because they have to do so. Successful lawyers are busy and sometimes more expensive but the difference in fee can often be well worth it even on cases that the client think to be “simple.”
It should be a big deal to you too. Elder Law Attorneys have specific experience in dementia-specific and health-related legal matters. It can make a very big difference in quality of life. Even if you have another type of attorney as your estate planning lawyer or family lawyer, you can still visit with an Elder Law Attorney ...
A power of attorney is not a form document but instead provides a good lawyer with an opportunity to draft to his or client’s anticipated needs.
Planning effectively for your future and the future of your family requires putting together a comprehensive plan addressing long-term care, asset protection, special needs family members, and several other issues . There are a few key documents you and your elder law attorney can put together first, however, to ensure you are covered as soon as possible. Some of these key legal tools include trusts for your benefit and the benefit of specific loved ones, advance health care directives ( living will, health care surrogate designation, anatomical donation directive), durable power of attorney, and perhaps a last will and testament.
There are special trusts for children and adults with disabilities, such as special needs trusts , that can provide income and assistance without ruining eligibility for needs-based government assistance programs such as Medicare.
If you are concerned about dementia or Alzheimer’s, either on behalf of yourself or a loved one, it’s important to get your elder care plans set as soon as possible. At a certain point, if dementia has progressed too far, the individual no longer carries the legal capacity to sign documents on their own. That’s part of why it’s important to set up a durable power of attorney; to dictate who will make those decisions in the event that you do lose capacity (or to ensure you can make decisions for your loved one should they lose the capacity to do so).
Oftentimes, an adult child (ren) of aging parents is placed in the role of helping the parents make financial and health decisions. If that is you, are you prepared to handle decisions on behalf of your aging parent? Do you have the tools you need to help take care of your parents’ affairs and manage their property? Here are 10 questions you can ask your aging parents to make sure they planned and prepared should they need help making legal and medical decisions in the future.
A healthcare power of attorney and advanced healthcare directive (sometimes called a living will) are legal tools an individual can use to give legal authority to a trusted person to make end of life decisions when they cannot speak for themselves. However, it is still advisable to take the time to express your end of life wishes and what a meaningful life looks like to you. If you do not know how to start the conversation there are online tools available to assist in the conversation, including The Conversation Project, which can be found at: https://theconversationproject.org/.
A power of attorney is a document in which a person appoints an “ Agent ” to make that person’s financial and/or healthcare decisions. A common misconception is that a spouse can handle finances and make medical decisions for their incapacitated spouse simply because they are married. This is not true. A person may not handle legal tasks, make medical decisions, or act for another person without a power of attorney or court involvement (such as a guardianship ). This restriction is true even if the incapacitated person is your spouse, your parent, or your adult child (over the age of 18). A power of attorney must be signed by a person before they are incapacitated. Therefore, everyone over the age of 18 should have a Healthcare Power of Attorney (healthcare decisions) and General Durable Power of Attorney (financial decisions) naming a trusted person to make their medical and financial decisions in case of an incapacity event such as a car accident, serious illness, etc.
It is important to have a full picture of benefits your parent is currently receiving, including income benefits such as Social Security, Pension, Retirement, and/or Veterans benefits . This information may become vital if you are the financial agent under a power of attorney and are called upon to act in that role.
No one wants to think about planning their parents’ funeral. However, it is safe to say, when planning, we want to honor our parents’ wishes for their funeral. One way to ensure you honor your parents’ wishes is to ask their wishes while they are living.
Contrary to popular belief, Medicare does NOT pay for in-home care or skilled nursing care. 6.
Do you know the names and contact information of the doctors your parents see regularly? Knowing the doctors your parent sees regularly may become important in an emergency such as hospitalization or serious illness. Similarly, it is important to know what medications your parent is taking. You may be called upon to provide this information to medical staff in an emergency situation.
Furthermore, notes allow you to follow up on problems or concerns that arose during the meeting.
If you are an advocate for your loved one in a long-term care facility, it is essential to attend care plan meetings to ensure your family member or friend is truly receiving the best care. Furthermore, it is your right to know how your loved one’s health is progressing, and you are encouraged to make suggestions, voice concerns, ...
While you may always reach out to your loved one’s nursing home with questions and concerns, care plan meetings are designated times with multiple medical professionals in one room to update your loved one’s care plan, address problems and answer questions. While care plans are in place to help promote the highest quality ...
Essentially, the care plan provides specific instructions for each staff member on how to care for the unique resident he or she is assisting.
While care plan meetings are useful tools, they unfortunately cannot keep abuse or neglect away. If you or a loved one has been injured, abused or neglected in a long-term care facility, we encourage you to seek help.
In all states, Medicaid is available to low-income individuals and families, pregnant women, people with disabilities, and the elderly. Medicaid programs vary from state to state, and the Affordable Care Act (ACA) allows states to provide Medicaid to adults (under the age of 65) without minor children or a disability.
Legacy Elder Law Center strives to help seniors remain independent for as long as possible, protect their life savings against the high cost of long-term care, and enjoy the peace of mind that comes with having a plan in place for the future.
It is never too late to start Medicaid planning. At The Legacy Elder Law Center, we can help you and your family organize assets properly. Many available asset protection options can be completed on short notice.
Assets in a living trust are not protected from nursing home costs. Other types of trusts may protect your assets. We will help you decide which trust, if any, best meets your financial goals.
Many nursing homes and assisted living centers have social workers that can help you apply. However, these people are not necessarily your advocates. They may not understand all of the resources available to prevent a denial of benefits. As an experienced Medicaid planning team, we have a firm understanding of the application process and avoid complications that can lead to contradictions.
Elder law attorneys often work in conjunction with other professionals in various fields to coordinate care, legal protections, and financing. The issues they may tackle include:
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.
Ask for referrals from friends and family who have hired legal counsel to handle similar issues and in similar circumstances. You don’t need to delve into the nitty-gritty details of your friend’s legal affairs, but you will want to ask what matters the attorney helped with and how satisfied your friend was with the level of service.
When a person is unable to make decisions for him or herself, whether it be paying utility bills or choosing a doctor, someone needs to assume responsibility for that individual’s affairs. If no one has the legal authority to act, the court will appoint a legal guardian.
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.