when should one consult an elder attorney?

by Meaghan Heller 5 min read

According to Harry Margolis, the founder of Boston-based law firm Margolis & Bloom and founding president of ElderLawAnswers, families should consider seeking an elder care attorney when you begin to anticipate a need for long-term care of a loved one, or if you are wondering how to qualify for government benefits.

You have a physically/mentally incapacitated loved one, and want to ensure they are provided for if something happens to you in future. You have a high-value estate or have substantial assets in your retirement accounts, and are worried that your family will be unable to pay state or federal estate taxes.

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Why should I hire an elder law attorney?

Mar 26, 2018 · A good time to consider consulting with an elder law attorney is when you begin to see some signs of deterioration with your parents, whether it’s an illness or even just a change in their mental ability.

Is your first client consultation as an elder law attorney intimidating?

Sep 19, 2018 · According to Harry Margolis, the founder of Boston-based law firm Margolis & Bloom and founding president of ElderLawAnswers, families should consider seeking an elder care attorney when you begin to anticipate a need for long-term care of a loved one, or if you are wondering how to qualify for government benefits. If you’re worried about a time when you …

What is the National Academy of elder law attorneys?

Like any “first,” your first client consultation as an elder law attorney can feel intimidating. After all, as the saying goes, you never get a second chance to make a first impression. But before you let your nerves get the best of you, remember that simple preparation is …

What are the laws of elder law?

Nov 10, 2016 · If you are thinking about making a financial plan, interested in learning about retirement, want to plan ahead for your legacy, or are interested in asset protection, an elder law attorney can provide you with the guidance you need to make effective use of Ohio legal tools.

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What does an elder attorney do?

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.May 17, 2021

What are the duties of a lawyer when preparing a will for an elderly person?

It is essential that a solicitor makes personal contact to ensure that the instructions received are those of the client, and, if concerned, arranges to interview the testator to obviate the possibility of fraud, assess the testator's capacity, and ensure that comprehensive instructions are freely obtained.Feb 9, 2009

What is the estate planning process?

Estate planning involves determining how an individual's assets will be preserved, managed, and distributed after death. It also takes into account the management of an individual's properties and financial obligations in the event that they become incapacitated.

What is elder law in PA?

An elder law attorney deals with long-term care planning and public benefits, end-of-life issues, housing assistance and options, elder abuse, neglect and exploitation, age discrimination in employment, veterans' benefits, services of the Area Agencies on Aging, the legal rights of residents of nursing facilities, and ...

Do you need capacity to make a will?

One of the essential requirements for a Will to be valid is that the person making it (the testator) must have the necessary mental capacity to make a Will.

Can a solicitor determine mental capacity?

The Official Solicitor has a standard form of report (Certificate of Capacity to Conduct the Proceedings) for recording the assessment of an adult's mental capacity to conduct their own proceedings where that adult is a party or intended party to proceedings in the Family Court, the High Court, a county court or the ...Jun 5, 2020

What is the first step in estate planning?

Seven steps to basic estate planningInventory your stuff. You may think you don't have enough to justify estate planning. ... Account for your family's needs. ... Establish your directives. ... Review your beneficiaries. ... Note your state's estate tax laws. ... Weigh the value of professional help. ... Plan to reassess.Jan 11, 2022

What are the 5 components of estate planning?

A good estate plan is comprised of five key elements: Will, Trust(s), Power of Attorney, Health Care or Medical Directive and Beneficiary Designation. A will is a legally binding document that directs who will receive your property and assets after your death.Nov 8, 2017

What is estate planning in simple words?

Estate planning in simple terms refers to the passing assets / investments down from one generation to another. You decide how much of your estate – be it property(s), car(s), personal accolades, financial investments, etc. – you want to pass on to whom and how, after your demise.

What is the penalty for elder abuse in Pennsylvania?

Violation of the act resulting in serious bodily injury is punished as a felony of the first degree, the penalty for which is a fine of not more than $25,99 and a term of imprisonment of not more than 20 years.May 16, 2016