In that case, an elder law attorney can ensure you receive the proper benefits based on your condition. Long-term care is known to be an expensive proposition whether you are trying to afford long-term care insurance upfront or pay for it out of pocket if you require it in the future.
Not addressing the issue of long-term care is a big gamble to your financial well-being. Morningstar reports that 52 percent of Americans turning age 65 will need some long-term care services in their lifetime.
An elder law attorney can help you understand policy premiums and how they can increase if you purchase long-term care insurance. They can also guide you through Medicaid planning or estate planning that can help you qualify for the best financial arrangements for long-term care. Sometimes, it is beneficial to spend down your estate to be eligible for Medicaid, and your elder law attorney will know what is required by law to do it properly.
An attorney who practices elder law has a more comprehensive list of capabilities to help you through your senior years than those attorneys without expertise in this area. We focus on elder law. We would be honored to speak to you about how we can help you come up with a comprehensive legal plan covering many of the topics above so you can enjoy your senior years without unnecessary worry. We look forward to hearing from you. Contact our Chicago area office at to discuss how we can help you.
Twitter Facebook LinkedIn. Elder law Estate planning Medicaid Social Security. We understand the importance of protecting your family and your investments. Contact Us. Another such organization is the Special Needs Alliance. Due to elder laws, many state and local agencies receive grants to offer services such as support groups and counseling. What do elder law attorneys do? How do you find an elder law attorney?
Subscribe To Our Blog. Recent Popular. Major areas of elder law include:. This area of elder law focuses on the support systems that the aging put in place to protect themselves in the event that they become physically or mentally incapacitated. There are some key legal documents that you may want to prepare in advance of such a scenario; these include a durable power of attorney , which allows you to appoint someone else as a legal agent to make certain financial decisions for you when you can't, and an advance medical directive including a durable power of attorney for health care and a living will that sets out which treatments you do and don't want.
Without these documents, the court may leave these decisions up to a guardian discussed below who may not be of your choosing. In many cases, individuals with disabilities or special needs and their family members will be eligible to receive government benefits Social Security disability benefits, for example. But you'll still need to do planning to ensure that the individual qualifies for and will receive adequate assistance for their needs.
This type of elder law focuses on the services that seniors often use to live safely when they cannot take care of themselves.
These include nursing homes or assisted-living facilities and long-term health insurance, along with the means by which they get these benefits Medicaid or the Department of Veterans Affairs, for example. Medicaid planning involves repositioning and transferring assets to qualify for Medicaid nursing-home benefits. Veterans benefits concerning elder law encompass providing for the long-term health care needs of veterans of the U.
Estate planning is the systematic approach to deciding who will receive your property after you die and who will be in charge of making sure your final wishes are carried out. It includes disability planning, as discussed above, as well as planning to avoid probate , minimize estate taxes , and ensure that your beneficiaries are protected from bad decisions and outside influences.
A comprehensive estate plan might include the last will, durable power of attorney, an advance medical directive, and if needed, a revocable living trust. Also known as a living trust, a revocable living trust allows you to appoint someone else to make decisions about assets held in a trust. Probate is the court-supervised process for settling a deceased person's estate , and it may or may not be necessary depending on how your assets are titled at the time of your death.
If you have a revocable living trust, the estate may be settled without the supervision of a probate court. If a person becomes incapacitated and did not put in place durable power of attorney or advance medical directive, a family member, friend, or, in some cases, a stranger, will have to go to court and petition for a guardian or conservator be appointed on behalf of the incapacitated person.
In contrast, if the person took the time to create a disability plan with the help of an estate lawyer versed in guardianship, then he or she would have the right legal documents in place to dictate who will make financial and health care decisions on their behalf. As people age, they, unfortunately, become more prone to personal or financial abuse.
This mistreatment can range from Social Security fraud for example, a non-spouse family member continues to receive benefits after the person has died to the outright theft of assets. Financial elder abuse can also occur through the use of a durable power of attorney or by undue influence, such as wrongfully coercing an older adult to give away their assets or change their will or revocable living trust.
Such abuse has led to this specialized area of litigation aimed at preserving, and, if needed, recovering, an older person's assets. Wath out for elder abuse scams that dupe seniors out of their money through fake IRS calls or "gramma scams" involving desperate pleas for money from people pretending to be grandchildren.
The best place to find a lawyer is through the National Academy of Elder Law Attorneys, a non-profit association founded in whose lawyers are trained and experienced in the nuances of elder law and adhere to a set of what it calls "aspirational standards" that hold them to a high bar of professional conduct.
The "Find a Lawyer" page on their website allows you to search for an attorney by name, location, area of practice, or other criteria. Oregon State Bar. Accessed Aug.
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