It is a fact that as one progresses in age, legal concerns become a bit more complicated than those that existed during the earlier years. At such a point in time, it is imperative that individuals and families consider hiring an elder care lawyer to help address these concerns.
What is Elder Law?
Elder law is a multifaceted, relatively new area of focus in the legal field.
Proper legal counsel ought to know how to deal with sensitive, complex elder care matters including personal protection and care. They are able to give professional advice on financial issues including how to handle the senior’s estate plan and how to handle their care. When it comes to elder care law, most matters are complex and delicate. Lawyers who specialize in elder care law understand how personal care and estate planning work together in order to provide appropriate counsel.
Personal care matters include guardianship in old age and long-term care planning. This includes decisions on how to provide care to the elderly in the family. It also involves deciding on whether one should care for them at home or in community/nursing home, depending on their health conditions the quality of care and finances.
This category also encompasses advanced health care directives, special needs, health and mental health laws. The financial part includes insurance policy benefits and claims such as Medicaid, health insurance, Medicare claims, disability and social security claims and appeals among others.
Matters of housing and employment discrimination and criminal matters like fraud and elder neglect and abuse also directly affect the person of the senior and are in this category.
Elder care attorneys also deal with all financial issues like assets and property protection. These include but are not limited to pension plans, claims and benefits, estate planning and administration, asset protection, living trusts, wills and ethical wills, power of attorney, and probate and trust administration.
These matters affect both the elder and their families. Retirement, pension and survivor benefits also fit this category.
3 Reasons You Should Consider an Elder Care Law Attorney
- You’re getting a specialist. Their practice concerns explicitly legal matters unique to elders. Elder law matters, the state recognizes it, and its laws are quite specific, and their administration may differ from one state to another. You need a lawyer to interpret these rules. Elder law attorneys apply their legal knowledge and practice to the benefit of their clients, the seniors. The lawyer addresses their concerns and safeguards their needs from a legal point of view. They identify anything or anyone that goes contrary to the statutory requirements and deal with it accordingly.
- You’re getting a lawyer with experience. Elder care attorneys help prepare and validate all documents addressing legal concerns or with legal implications. They deal with the fine print on various processes and formalities such as Medicaid applications, legally validating the details in wills and trusts among other things that may bring contention.
- You’re getting a counselor. Lawyers also help resolve complicated family issues and financial matters. They evaluate assets their ownership and inheritance issues. They address concerns as specific and complex as multiple businesses and real-estate assets in different states and legal jurisdictions. They sort out matters concerning second marriages, divorce, children or the lack thereof and the benefits and care they lay claim to, bereavement, incapacitation and other special needs. Legal counsel also helps you deal with other professionals and individuals that play significant roles in a senior’s life like their doctors, caregivers in nursing homes and former employers.
If you’re looking for an attorney that specializes in elder care, we’re happy to help.
Written by Gregory Port, M.B.A., J.D., founder of Port Legal, one of Ohio’s TOP Elder Law and Estate Planning law firms. Attorney Port is an experienced Elder Law and Estate Planning Attorney and is a Featured Member of the National ElderCare Matters Alliance. He and his law firm have a Featured Listing on ElderCareMatters.com – America’s National Directory of Elder Care / Senior Care Resources to help families plan for and deal with the Issues of Aging.