Convincing a willing person to move into a nursing home is challenging already, but trying to commit an unwilling elder is a great deal more complex. Sometimes it is necessary to enlist the aid of an attorney and the court to get your loved one the help he needs. Guardianship
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A family lawyer protects your rights in disputes about child custody, child support and visitation rights. Both divorced and unmarried couples might need a family lawyer to represent them in court. When protecting your child’s well-being is important to you, …
· There are some situations where hiring a lawyer is essential: You Are In Over Your Head This is more of an emotional decision, based on having the feeling that you aren’t comfortable representing yourself.
· In some cases, family lawyers will also handle cases related to domestic violence, adoption, guardianship, juvenile delinquency, and child abuse. If your case involves any of these matters, there’s a good chance a family lawyer can help you. 2. Benefits of Hiring a Family Lawyer. There are lots of reasons why you might want to hire a family ...
In these cases, it may not be necessary to hire a lawyer.
Especially if there is a sizeable estate, tax issues, or a complicated or extensive distribution plan, it is important to find a lawyer to be sure things are done right. You Are Adopting A Child. Adopting a child is an important matter, and an attorney will assure things are done right. A Contract Is Needed. It is essential that you understand the ...
However, you need to be sure you know what you are doing. Especially if there is a sizeable estate, tax issues, or a complicated or extensive distribution plan, it is important to find a lawyer to be sure things are done right. You Are Adopting A Child. Adopting a child is an important matter, and an attorney will assure things are done right.
The Value of Hiring a Lawyer. Legal services generally do not come cheap. The more complicated your legal problem, the more you will need legal advice, and the more it will cost for legal help. In some cases, it can be much more costly to try to represent yourself.
If you don’t understand the terms, or how to prepare a contract, consult a lawyer. If you need a complex business organization (multiple entities), have complex tax matters, need to file for a patent, or become involved in litigation, hire a lawyer.
If you are charged with a crime, including domestic violence, tax fraud, or even some motor vehicle offenses (such as driving under the influence, vehicular homicide, or so many unpaid parking tickets that an arrest warrant has been issued), hire an attorney. You Could Lose A Lot of Money.
A family law attorney knows the law, as well as the outcomes of past verdicts, and can use that knowledge to help you receive the best possible outcome. They know what judges care about, and they know how to present your case in a way that a judge will see your side.
Oftentimes, that advice is useful. Other times, it can be misguided as it doesn’t apply to your situation. Nobody has been through the exact situation you’re going through, and that’s why a family law attorney is so important to your case. Your attorney can provide an objective view of the situation, while seeing the potential impact of decisions.
Family Law. Divorce, child support, child custody, and alimony cases can be difficult for anyone to go through. The stress and emotions involved is enough to make anyone feel defeated before they even begin. While you may not be required to hire legal representation in your family law case, you’ll want to consider these benefits ...
Divorce and family law cases are stressful times. Your emotions take charge in more ways than one, and you have other people to worry about — like how your children and other family members are handling the situation.
Divorce, child support, child custody, and alimony cases can be difficult for anyone to go through. The stress and emotions involved is enough to make anyone feel defeat ed before they even begin.
Family lawyers also have plenty of experience of everything from going through court proceedings to drafting documents and meeting with other lawyers. They can walk you through these processes, help you know what to expect, and help you feel more confident.
As any family law guide will tell you, not all family lawyers are created equal. When you starting trying to find a family lawyer, it’s important to know what to look for. Otherwise, you could end up hiring someone who’s not equipped to handle your case.
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If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.
If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.
Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.
If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don't have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from your landlord.
Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer.
No. Social services may recommend a nursing home after a care assessment, but the social worker cannot force the senior into a nursing home. In rare cases a senior may be detained under the Mental Health Act of 1986, but it’s exceptionally rare.
If the patient plans to use Medicaid benefits to pay for the nursing home, you’ll need to work with the state agency to certify the patient’s income and assets qualify for coverage.
The senior will need an advance healthcare directive (also known as a living will) to indicate their healthcare preferences in case they become incapacitated and cannot communicate with their doctor. They will also need a power of attorney to appoint an attorney-in-fact who can manage their financial, legal, and medical affairs should they become incapacitated.
The nursing home and physician will need to see the patient’s medical and physical history, including past/current conditions, surgeries, immunizations, allergies, and diagnostic tests. Now is also a good time to start gathering the senior’s financial information, which you’ll need when working with the elder law attorney, nursing home admission director, and Medicaid (if applicable).
Nursing homes usually require a TB test to confirm that the patient doesn’t have an airborne communicable disease. Some nursing homes require additional tests, so be sure to check with the admissions director to see what (if anything) else is required.
Most nursing homes let you fill out the admissions paperwork ahead of time so you’re not rushing to get it done the day the patient is admitted. The admissions director will assist you if you have any questions.
To ensure the patient has the financial means to pay for skilled nursing care, the nursing home will require a financial assessment that addresses personal assets, insurance, government benefits, and government assistance programs like Medicaid.
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 ...
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.
This is because Medicaid has a look back period. During this period, an applicant cannot gift assets or sell assets for less than market value in an attempt to meet Medicaid’s asset limit.
The look back period is 5 years in all states except California (Medi-Cal has a 2.5 year look back).
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.
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.
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 ...
Medicaid planning is very complex, and most people are not familiar with the various exceptions and exemptions to the gifting rules. For example, most Medicaid applications will ask if an applicant has made any gifts or other asset transfers for less than fair market value within the last 60 months (or 30 months in California).
The financial Medicaid eligibility rules for married couples are different from those for unmarried applicants.
It may also be possible for an applicant to reorganize their assets and income in ways that help them continue living in the community for as long as possible but also ensure they will qualify for long-term care Medicaid when they need it.
Finally, applying too early or too late can cost a senior and their family many thousands of dollars. It’s best to begin thinking about the application process at least five years before a senior anticipates needing long-term care. This will allow for asset preservation prior to the look-back period.