WHY DO I NEED AN ELDER LAW ATTORNEY?
Full Answer
You should consider specifically hiring an elder law attorney if any of the following situations are applicable to you: You worry about becoming too ill or incapacitated to take care of your affairs. An elder law attorney can help you utilize tools like living trusts and legal directives so that someone you trust can take over your affairs if you become unable to do so.
Elder law attorneys can advise regarding such issues as Continuing Care Retirement Community contracts, Family Agreements and also special rules that help for those who would go on Medicaid. Both could develop plans collaboratively that continue to be modified over time. This is just a beginning only limited by creative imagination.
Why Should I Consult With an Elder Law Attorney? An elder law attorney is a lawyer who is well-versed in legal matters that are of interest to people who are preparing for their senior years. You should fully understand the eventualities that you may face when you reach an advanced age, and you should plan ahead to address them.
You should receive at least three benefits from hiring an elder law attorney: First, an explanation of how the rules work regarding Medicaid eligibility, the planning options available to your mother, and the process of being admitted to the facility and applying for benefits.
What exactly is Elder Law? Elder Law is defined as any legal issue involving health and personal care planning for the senior population and their caregivers.
60 and overIn addition to the protections enjoyed by all Texans, state law provides special rights and protections for elderly individuals, including anyone 60 and over. Section 102.003 of the Texas Human Resources Code explains these rights.
Elder Law is a legal term which encompasses those practice areas that address matters affecting the aging population and includes ensuring the legal and financial interests of older individuals are secure, as well as steps taken by supportive family and relatives to ensure that the interests of their loved ones are ...
Programs for Older TexansMedicaid provides health coverage to eligible low-income adults, children, pregnant women, and people who are older or who have disabilities. ... Medicare is our country's health insurance program for people age 65 or older.More items...
To put it bluntly, under most circumstances, social workers cannot remove an elderly person from their home. In order to legally force a person into long-term care against their will, you need to have guardianship over that person. And obtaining guardianship without a person's consent is possible.
In general, however, once you turn 55 you start to enter the senior age demographic. By the time you are 65 you reach the most common age for retirement from your job. However, an increasing number of senior citizens are working after 65, so retirement can no longer be a key factor in becoming a senior.
The Financial Perks of Growing OlderSenior discounts.Travel deals.Tax deductions for seniors.Bigger retirement account limits.No more early withdrawal penalty.Social Security payments.Affordable health insurance.Senior services.More items...
over 60Editor's note: Walmart has extended its special shopping hours for seniors over 60 and those most vulnerable to the coronavirus. Stores, including the pharmacy, will open one hour early every Tuesday for this shopping event (typically 6-7 a.m.).
Senior citizen discounts are generally available once you reach 50 years old. There are some stores that may require you to be at a certain age, usually between 55-65 years old.
As the older population in the United States steadily increased, the need for attorneys that focused on their legal issues became more important as well. Consequently, the National Academy of Elder Law Attorneys, or NAELA, was formed in the late 1980s to better serve them.
Seniors face many of the same legal issues that their younger counterparts do; however, they also have some unique legal concerns. Consequently, elder law attorneys do not focus on one specific area of the law as do other attorneys. Instead, they focus on how legal issues impact the elderly and those who care for them.
Please download our FREE estate planning checklist. If you have additional questions or concerns about elder law, contact us at the Northern California Center for Estate Planning & Elder Law by calling (916)-437-3500 or by filling out our online contact form.
Attorneys who concentrate their practices in Elder Law, focus on providing legal services–primarily to senior citizens and others who are looking to plan for their lives as they age.
Focus on helping you to understand your legal options and rights as you age.
In recent years, we've increasingly seen the field described as "elder care law" and the lawyers as "elder care" attorneys.
Also, before selecting an elder law attorney, you should feel comfortable that he or she will represent you or your loved one in a sensitive and understanding manner.
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 ...
But anyone can call themselves an "elder law" attorney, and today in the U.S. some 10,000 lawyers claim to practice "elder" or "elder care law." How do you know who is truly qualified? One way is to consult ElderLawAnswers' directory of member attorneys.
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.