why you should choose me as your elder law attorney

by Franco Kshlerin 7 min read

Why you should consider working with an elder care lawyer An elder law attorney can help family caregivers explore options for their loved one’s current situation and explain how to plan for what could happen down the road, especially if a debilitating illness necessitates long-term care.

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What do you need to know about being an elder lawyer?

7 Reasons Why You Should Call Weber Elder Law Offices We are experienced, full-time professionals. With over 25 years of experience, we know elder law and can assist you with all your estate planning and special needs goals.

What are the laws of elder law?

Sep 05, 2017 · Why should you hire an elder law attorney? Knowledge brings an all-encompassing approach. An elder law attorney knows all about the major issues that seniors face, such as housing, healthcare, financial health, and all the things that ensure or diminish a high quality of life. This knowledge brings a holistic approach to their legal counsel.

Is your lawyer looking after your best interests?

Sep 22, 2012 · An elder law attorney can help you plan for what will happen if you should become mentally or physically incapable of taking care of yourself and your own personal business matters. It's Not Just About Dying

Where can I find continuing education in elder law?

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 …

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Why do I need an elder law attorney?

1. Power Of Attorney. When you’re worried about the terms of care for your loved one , you can be constantly stressed out. You need to be worrying about which path is best for caring for the person you love, ...

What does an elder care lawyer do?

An elder care law specialist will ensure that your loved one isn’t the victim of these issues. With a lawyer on your side, everyone will know that your loved one is protected. If they do suffer from a traumatic abuse or get taken advantage of, your lawyer knows how to punish them to the full extent of the law.

What is the power of attorney?

Getting power of attorney is the first step in being able to ensure that your loved one has the care they deserve without any complications. When elder Americans are suffering from a chronic illness or disease, time may be of the essence.

What to do if you don't have money?

If you don’t have the money right away, they can advocate for public programs to help.

What happens if you have a large estate?

If your loved one has a large estate with lots of assets to deal with, managing them and unloading them can be a hassle. Without the help of an attorney, you’ll be spending hour after hour at city hall filling out paperwork. You could end up paying huge taxes and fees without receiving a dime for your efforts.

What happens if an elderly person has a disability?

If your elderly loved one has a disability, they might find travel to be a struggle. They might need special accommodations that their care facility doesn’t feel compelled to provide. Whether or not they want to provide that care, it might be their legal responsibility.

Can you pay taxes without a dime?

You could end up paying huge taxes and fees without receiving a dime for your efforts. Your elder law expert knows how to keep this process from becoming a major headache for you. They can streamline the process without you having to give too much feedback or input.

What does "one wrong word" mean in elder law?

One wrong word or move can mean the difference between a good result and disaster should you become incapacitated or if other unexpected issues should occur in your senior years.

What do you leave to your loved ones when you die?

Your estate, on the other hand, is what you leave to your loved ones when you die and how you leave it to minimize probate complications and potential estate tax liabilities. Numerous options are available to adjust as economically and efficiently as possible to plan for all eventualities.

Do elder law attorneys charge by the hour?

Many elder law attorneys charge by the hour so you'd only have to pay for their time to deal with the specific issues that are of concern to you. Others offer "package deals.". They'll provide various services under the umbrella of one fee.

Is elder law the same as estate law?

Elder law isn't the same thing as estate law , although they cover some of the same issues. Elder law addresses your finances and property in such a way as to best provide for you and your family while you're still alive.

Can a will be a personal representative?

These laws control who can and cannot serve as a personal representative, trustee, health care surrogate, or attorney-in-fact under a power of attorney.

Can you set up a revocable living trust for someone else?

For example, a revocable living trust can be set up for someone else to take over management of your assets if a time comes when you can no longer do so yourself. An elder law attorney can explain these options to you so you can have a plan in place for such an eventuality.

What is an elder law attorney?

From planning for the future, like making sure an estate plan is in place and establishing a durable power of attorney, to dealing with money matters in the here and now, such as tax guidance and coordinating with financial planners, an elder law attorney is typically well-versed in looking at clients’ larger financial picture.

What is elder law?

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.

How many people are over 65?

There are now more than 40 million Americans over the age of 65, and that number is steadily increasing. In lockstep with greater longevity, the availability — and complexity — of federal programs created to assist the aging population is also growing. That’s where an elder law attorney can help.

Who is the founder of Margolis & Bloom?

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.

Do elder law attorneys specialize in every area of law?

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.

Is informed action better than none?

In the final analysis when it comes to dealing with problems associated with aging, some informed action is better than none. That is true even if “the attorney is a jerk.”. The alternative to timely protective action is lifetime probate of guardianship.

Do all attorneys have the same bedside manner?

Not all attorneys have the same “bedside manner.”. Some are very gregarious and seem to spend more time socializing than practicing law. Some are very analytical and can come off “cold and distant.”. Some are “business persons” who seem to sell a “solution for your problem.”.

Do elder law attorneys give free appointments?

The problem with that advice is that the best elder law attorneys do not give free appointments. They do not have time on their hands, their calendars are often full weeks in advance. And, in point of fact, family members dealing with an urgent matter don’t have time to take off from work and go see two or three attorneys.

Do elder law attorneys handle all matters?

The point is not all elder law attorneys handle all matters. Here are things you can do to narrow down your choice before calling for an appointment: 1. Do not merely rely upon the recommendation of a friend or co-worker. While such tips are very valuable, the attorney may have met their needs but will not meet yours.

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

Who is Bruce Rosenblatt?

Bruce Rosenblatt is a senior housing expert with decades of experience in the elder care industry. Bruce developed Senior Housing Solutions in 2009 and now uses his expertise to educate clients on all available living options and assist them in finding the best fit for their needs and lifestyle.

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.”

Specialized Experience

Unlike general practice attorneys, elder law attorneys are deeply familiar with the relationship between estate planning, long-term care planning, Medicaid, Veterans’ Benefits, and retirement planning.

Flat Fees, Not Hourly Billing

A good elder law attorney will not bill you on an hourly basis for estate planning services. Once your attorney knows how much planning is required, he or she should be able to quote you one price that includes drafting your documents and funding your trust (if you decided to execute one).

Questions for Your Elder Law Attorney

When you meet with an elder law attorney, be sure to ask them a few key questions.

Knowledge About Elder Care Resources

The ideal elder law attorney will be well-connected with other care professionals in your area. He or she should be able to direct you to elder care coordinators, social workers, and nursing home directors who can work with your attorney to help you make the best decisions for your long-term care needs.

How to Find an Elder Law Attorney

While finding the ideal estate planning attorney can be difficult, it is certainly not impossible. Here at Alperin Law, our attorneys meet all of these criteria.

Do You Need Help With An Elder Law Issue In Virginia?

If you need to speak with an experienced elder law attorney in Virginia please feel free to contact us online or call our Virginia Beach office directly at 757.490.3500 to schedule your free consultation. We have offices throughout Virginia including Chesapeake, Newport News, Norfolk and Suffolk.

What is the greatest threat to the finances of people over the age of 50?

The catastrophic cost of long term care is the greatest threat to the finances of people over the age of 50. People with dementia need more care for longer. Most people do not want to think about or plan for what happens when they need extended care. 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. Ask your lawyer for a referral to an Elder Law specialist unless they are themselves so certified.

What documents are needed for a living will?

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.

What is a lady bird deed?

A Lady Bird deed is a special kind of residential real estate deed which allows your property to pass to your children or other heirs immediately upon your death without normal costs, probate and court proceedings. The Lady Bird deed allows you to (1) own your home for the rest of your life; (2) retain your full homestead tax exemption; (3) retain your full homestead creditor protection; (4) where applicable, retain eligibility for Medicaid and other need-based programs; and (5) name beneficiaries of the home very similar to beneficiaries of an insurance policy. Most of my clients benefit from having a Lady Bird deed. My father is the attorney who gave the “ Lady Bird deed ” its name and explained the deed to other lawyers early in the field of Elder Law.

What is a Florida bar?

The Florida Bar certifies attorneys as specialists in certain practice areas such as Wills, Trusts and Estates or in Elder Law or in Criminal Law. Gone are the days of the general practitioner who can handle your Will, your traffic ticket, your divorce and your contracts. Seeing a specialist is safer and usually the same cost.

Can dementia be competent to sign documents?

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.

Can a doctor write a statement 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.

Can you have an elder law attorney?

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 ...

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