who needs an elder law attorney

Elder law attorneys can help in a range of different situations, including: Applying for Medicaid or determining Medicaid eligibility. Anyone who has dealt with Medicaid knows the process can be arduous and frustrating.

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What questions should I Ask an elder law attorney?

Nov 12, 2021 · You'll need the counseling and advice of an experienced elder law attorney to assist with your future plans if one or more of these situations apply to you. Otherwise, your state, an ex-spouse, or the Internal Revenue Service might receive control of or the largest chunk of your assets. State Laws Determine Elder Law Rules

When should one consider hiring an elder law attorney?

Feb 09, 2021 · Elder law attorneys aren’t only for older adults. They can help you plan for the later years in your life, ensure your children are taken care of, give valuable financial advice, and help you solidify plans for what will happen if you ever become unable to make medical and financial decisions for yourself.

What all attorneys should know about elder law?

Jan 25, 2022 · The main purpose of an elder law attorney is to help aging Americans to legally navigate through the issues of life that arise simply because of age. They can offer legal guidance and counseling on preparing for long-term care, choosing retirement plans, planning and settling your estate and a host of other issues that older Americans may face.

Who needs to hire an elder law attorney?

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 adults, which are …

How Elder Law Became a Practice

The Older Americans Act (OAA) was signed into law by President Lyndon B. Johnson and is credited by the American Bar Association with being the foundation for the practice of elder law. The OAA was the first initiative on a federal level to address and provide a wide range of services for senior citizens.

What Areas of Life Can an Elder Law Attorney Be Helpful?

At some point in our life, chances are good we will need the help of an attorney. As we age and begin planning for our retirement future, and ultimately, our death, seeking counsel from an elder law attorney can be beneficial. Attorneys who practice elder law are knowledgeable in several areas that directly affect senior citizens.

What Questions Should I Ask When Choosing An Elder Law Attorney?

If you decide that speaking with an elder law attorney is right for you, there are some questions you will want to consider asking before entering into an agreement. The National Academy of Elder Law Attorneys (NAELA) says in your initial phone call to an attorney’s office, you may end up speaking with the attorney’s secretary or office manager.

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:

How Do I Find An Elder Law Attorney?

If you would like to find an elder law attorney to speak with or work with, asking your friends and family who they recommend is always a good place to start. The National Elder Law Foundation (NELF) is the only national organization that certifies elder and special needs law attorneys.

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.

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 ...

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 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 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 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.

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.

What does an elder law attorney do?

An elder law attorney does not just handle important financial and estate planning matters, but takes care of important matters affecting the quality of life of their elderly clients , such as life planning and assisted living.

Do senior citizens need elder law?

Here are some situations in which senior citizens must seriously consider hiring an elder law attorney: They are entering a nursing home for long-term care, and want to preserve/transfer assets to secure their spouse’s future. They want to file a Medicare or Medicaid claim or a social security and disability claim.

What is elder law?

An elder law attorney handles a wide range of legal matters affecting elderly people, including health care, guardianship, Medicare/Medicaid, and Social Security. An elder law attorney does not just handle important financial and estate planning matters, but takes care of important matters affecting the quality of life of their elderly clients, ...

Why do you need an elder law attorney?

A reputable elder law attorney helps protect your senior’s legal and financial situation and helps you figure out how to pay for the care they’ll need. The fees are well worth it if they can save your family thousands of dollars and avoid future legal headaches. 2.

How can an elder law attorney help seniors?

2 ways an elder law attorney helps seniors and family caregivers. 1. Plan for the future and protect assets. An elder law attorney has the expertise to make recommendations on how to plan for future care needs. They often answer questions like:

Why is elder law important?

Having the essential legal documents in place gives you the necessary legal rights to provide the best care for your older adult, now and at the end of life. That’s why it’s so important to find an expert lawyer that you trust to draw up the right documents.

What is elder law?

Elder law is a specialized legal area focused on older adults and their adult children. This legal specialty focuses on specific needs, including: Power of attorney and other important legal documents. Long term care planning and paying for care. Medicare and Medicaid planning.

Why is it important to have legal documents in place?

Having the essential legal documents in place gives you the necessary legal rights to provide the best care for your older adult, now and at the end of life. That’s why it’s so important to find an expert lawyer that you trust to draw up the right documents.

Do people realize the degree of specialization that exists among attorneys?

“Many people do not realize the degree of specialization that exists among attorneys,” Heiser notes. “You want to make sure that the attorney you hire matches your particular area (s) of concern.”

What to bring to an estate planning appointment?

Once you have arranged an appointment, be sure to bring all information necessary to get the most out of the time with your attorney. Fully informed, open communication will result in the best outcome for estate planning services, long term care planning, and asset protection. Information to bring: 1 Bank and investment account statments including joint accounts 2 Retirement statements including pensions, IRAs and 401 (k)s 3 Mortgage and property tax statements 4 Debt summaries 5 Asset summaries including vehicles, significant posessions, pre-paid funeral plans, and/or expected inheritance 6 Life insurance policies 7 Health insurance policies, including long term care or disability policies 8 Income sources of self and spouse 9 Dependent information 10 Prior estate planning documents including wills, trusts, POA