Elder Law | What Your Family Should Know About Elder Law
Elder Law | What Your Family Should Know About Elder Law
Elder law is a term used to cover estate planning, long-term care concerns such as disability and Medicaid, and guardianship. This type of law also covers the following areas:
– powers of attorney
– elder abuse
– fraud
– end-of-life planning
– wills and trusts
– real estate and mortgage assistance
– tax issues
– discrimination
– Social security benefits
– retirement planning
– nursing home care
– medical care directives
This type of law originates from the Older Americans Act, which was signed into law on the same year Medicare was created (1965). It was ignited by a movement in the 1930s that pushed for a program that provides financial help for the elderly.
Elder law as a legal practice is the act of representing and counseling seniors and their representatives about the various rights unique to the age group. Lawyers that are certified in this form of law must pass an extensive certification process that involves continuing education, peer reviews and exams. With the acknowledgment of advanced understanding of laws involving senior citizens, these attorneys handle all concerns and issues related to the practice along with non-legal and professional resources available to older persons.
Five of the most common legal issues handled by an elder law attorney are as follows:
Medicaid
Individuals should consult an attorney before applying for benefits; doing so without a complete knowledge or rules concerning eligibility could result in penalties, delays and even denial.
VA Benefits
Attorneys are up-to-date on legislative changes concerning asset and income limits and ensure all possible benefits are provided to each individual.
Estate Planning
Estate planning involves will preparation or a trust agreement. Attorneys ensure the proper documentation is prepared to avoid probate, estate tax and mishandled property.
Probate
Probate is the term used for when the court system handles a deceased person’s estate. Debts are paid and the balance is given to any heirs through a time-consuming and expensive process. Estate planning is used to avoid this process.
Guardianship
Advance directives are used to decide who makes decisions for an individual no longer able to make decisions. If there is no prepared advance directive, the court appoints a guardian. Advance directive preparations are recommended to avoid this process.
