Older people often have distinct legal concerns that may not apply to most young people. It covers many matters you may not think of until you or a loved one face them. That is when the services of an elder law attorney can be crucial.
Elder law is an umbrella term covering various practice areas related to legal matters impacting seniors. Common elder law services include estate planning, long-term care planning, elder abuse protection, and navigating public programs. This post will explore elder law services and why they’re important.
What Does an Elder Law Attorney Do?
Estate Planning Services and Probate
Estate planning is among the most common services an elder law attorney may offer. The purpose is to ensure the individual’s wishes upon their passing. It is especially important as it concerns the distribution of the client’s assets. The attorney may help seniors draft wills, create trusts, and designate beneficiaries. They also provide guidance on appointing executors and trustees to carry out a person’s final wishes. In some cases, these attorneys assist with probate administration, helping families navigate the legal process after a loved one’s passing. Beyond asset distribution, sound estate planning can streamline probate, reduce inheritance taxes, and prevent conflict among family members.
Planning for Long-Term Care
Many people don’t realize the scope and importance of long-term care planning until it becomes necessary. An elder law expert can help seniors navigate these issues and ensure the best care possible. They assist clients in evaluating options such as nursing homes, assisted living facilities, or in-home care. Elder law attorneys can also develop strategies to pay for care without depleting assets. These professionals might also help with Medicaid eligibility or preserving assets for a spouse. Proper planning not only ensures care but also financial well-being.
Asset Protection Strategies
Elder law attorneys help clients structure their assets to preserve wealth for loved ones. In many cases, attorneys can help clients obtain Medicaid eligibility while protecting assets. Common strategies may include using irrevocable trusts, strategic gifting, or converting countable assets into exempt resources. However, each situation is unique and navigating the rules can be complex. Working with an attorney ensures everything is legal and helps seniors avoid penalties.
Incapacity Planning for Seniors
The risk of incapacity increases as a person ages. With incapacity planning, seniors can ensure medical and financial decisions align with their wishes. Elder law attorneys help clients prepare by creating documents like financial and medical powers of attorney. Documents like advance directives and healthcare surrogacy may also play a role in incapacity planning. Attorneys may also assist with issues concerning conservatorships and guardianships for seniors. However, thoughtful incapacity planning can help seniors avoid needing guardians and conservators.
Navigating Government Programs
Most seniors rely on various public programs for their financial well-being and care. However, navigating these programs isn’t always easy. Elder law attorneys can help seniors navigate complex systems like Medicare, Medicaid, and Social Security. They can assist with ensuring Medicaid eligibility, filling out applications, and more. Attorneys can also assist with appealing denied claims or resolving benefit-related disputes. Since programs often overlap, they can also help seniors understand their options to maximize benefits.
Preventing Elder Abuse and Neglect
Attorneys often play key roles in preventing and protecting seniors from abuse and neglect. Elder abuse may cover everything from physical and emotional abuse to financial exploitation. Attorneys can help families identify signs of elder abuse and take legal action to stop it. They may also pursue remedies to recover assets and prevent future abuse. Elder law attorneys can also work with law enforcement and government agencies to protect vulnerable seniors.
It is important to note that elder law attorneys typically don’t cover all these services. Most are specialists who focus on a group of related practice areas. Seniors and their families must keep that in mind when searching for elder law advice or services.
Do you need elder law services? Reach out to the Scott Law Offices for assistance. We can help with everything from estate planning to asset protection.
