Blessed is the society that has elders. However, today’s society is prone to value the youth more than its elders. The same is the case with their wishes, intentions, and well-being. It’s simply not true that retiree is free from all worldly worries. On the contrary, with time, the glitches and hitches increase manifold, jeopardizing senior citizens’ lives. Elder Law helps prepare older adults for financial freedom and autonomy via appropriate financial planning and long-term medical care options.
Understanding Elder Law
Elder Law covers several legal and practical issues affecting older people, their loved ones, caregivers, and family members. Some of the most common issues addressed in Elder Law include health care, end-of-life, elder abuse, financial planning, and estate.
Elder Law attorneys work primarily with senior citizens and their loved ones and help them cope with various old age issues related to health and wellness, housing, financial stability, and long-term medical care. In addition, the Elder Law attorney can also assist family caregivers by advising them if they can take care of their elders.
The three significant categories encompassing Elder Law are;
- Estate Planning
- Medicaid/ Long-Term Care Planning
- Guardianship
Estate Planning
Estate planning involves deciding the beneficiaries when the person passes away. In simple words, it is the process of selecting the person who will ensure the appropriate distribution of the estate. Also, estate planning involves weighing options related to avoiding the probate process, coupled with minimizing the taxes. Moreover, an Elder Law attorney guides the individual on alternatives and helps write final will , advance medical directives, and power of attorney.
Choosing a well-versed Elder Law attorney is critical to safeguard the family’s assets and avoid the probate process. These processes can takes years to settle, bringing financial burden on the family members. However, you can avoid such undesirable consequences by planning in advance.
Medicaid/ Long-Term Care Planning
This section of Elder Law is about the services required for older people to live safely and soundly when they cannot care for themselves. Long-Term Care Planning may include options for help at home or consideration of nursing homes and assisted living facilities. Long-term health insurance as well as Medicaid and VA benefits are also taken into consideration for comprehensive long-term care planning. Moreover, an Elder Law attorney can help older people plan according to preferences concerning health and end-of-life.
If an elderly person or other person requiring Medicaid benefits failed to plan for long-term care, an Elder Law attorney can help them apply for Medicaid even in crisis.
Guardianship
If a person becomes incapacitated and needs help with his or her financial or medical decisions or both, the responsibility falls on the court to appoint a guardian. The guardian can make decisions on behalf of the Ward, and all the guardian’s decisions must be in the best interest of the incapacitated person. The Elder Law attorney can bring a guardianship case in front of the court with a petition for a determination of incapacity and appointment of guardian. During the hearing the attorney should present any known alternatives to guardianship known to the Petitioner, nominated while the incapacitated person was mentally or physically stable.
Key Take-Aways
An Elder Law attorney is proficient with providing advice to family caregivers’ questions when a loved one needs help. Choose wisely and timely an adept Elder Law attorney to say bye to tomorrow’s ceaseless complications.
Our Elder Law attorney has the requisite experience and knowledge to advise aging clients. Land on our Kania Elder Law website today and let us help you right away.