There are many things to consider as you
prepare for retirement and later years.
Planning for and accessing retirement benefits,
healthcare and long-term care, Medicaid and
Medicare coverage, home care, assisted living,
and nursing home care takes someone with
in-depth knowledge most people don’t have.
Elder Law attorneys, because of their specialty,
are often better equipped to handle the needs
of older adults.
WHAT IS ELDER LAW?
Elder Law is a specialized field of law that
addresses the diverse legal needs of seniors
and the elderly. It is a very complex and diverse
practice that encompasses an understanding
of law, aging, and care. The practice of elder
law contains a variety of practice areas, and
a wide range of professionals who specialize
in those areas. Some who practice elder law
have obtained an approved certification as
an expert in the field. They are referred to
as certified elder law attorneys. An elder law
attorney must be familiar with federal and state
laws which affect an individual’s wellbeing and
personal wishes.
ELDER LAW ENCOMPASSES 3
BROAD AREAS OF LAW
1. Estate Planning
It is important to understand that elder law
targets the preservation of assets for personal
benefit and care while the person is living,
as compared to estate law which primarily
concentrates on the distribution of assets after
death. Estate planning, in broad terms of elder
law, involves wills, trusts, and estate and trust
administration for the preservation of assets.
An elder law attorney also plans for long-term
illness, incapacity, and disability using powers
of attorney, guardianships, and health care
advance directives, including living wills and
health care surrogate designations, in the
estate planning process. The estate planning
process works hand-in-hand with long-term
care planning as discussed below.
2. Long-Term Care Planning
This type of Elder Law focuses on the services
needed when older adults cannot take care of
themselves. Elder law attorneys assist clients in
finding and financing access to long-term care,
health, and personal care services including
home care, assisted living, and nursing home
care. This requires coordinating private funds
and being familiar with public benefit programs
such as Medicaid, Medicare, Social Security,
VA benefits, long-term care insurance, reverse
mortgages, and more to finance care.
3. Elder Rights
Elder rights are an area of elder law that is
focused on preventing the exploitation, abuse
and neglect of the elderly. Cases may involve
the health, safety, and welfare of the elderly in
long-term care facilities, home care, or in the
care of a family caregiver. Additionally, an elder
law attorney can assist in cases of elder abuse,
financial abuse or exploitation of elders, fraud,
and consumer protection issues.
ELDER LAW AREAS OF PRACTICE
The practice of elder law covers a broad range
of aging issues. The following is a general list
of things an elder law attorney can help with.
• Preservation/transfer of assets seeking
to avoid spousal impoverishment when a
spouse enters a nursing home
• Medicaid
• Medicare claims and appeals
• Social security, disability claims and appeals
• Supplemental and long term health
insurance issues
Legal & Financial
ELDER LAW
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