Editor's Choice

Elderly Care: How Can an Elder Law Attorney Help?

A dramatic rise in the elderly population has been observed in recent years, which is projected to continue. With this projection, the rise of new legal concerns for elders and caregivers can be anticipated.

If you live with your parents, grandparents, or anyone in their golden years, looking into “elder law” can benefit you. However, you may need the assistance of an attorney specializing in elder law as this field is relatively new. Let’s find out how an elder law attorney can help you and your elder loved ones.

When Is the Help of an Elder Law Attorney Needed?

Protecting the legal rights of your elderly loved ones becomes increasingly important as they get older. Seniors can ensure their security and peace of mind as they age with the assistance of an elder law attorney and effective preparation in advance. If you’re wondering whether you need the help of one, here are situations where you can benefit from collaborating withelder law attorneys from reputable firms like Friedman Elder Law Department.

1. Long-Term Care Planning

Most seniors eventually require assistance with performing basic everyday tasks, hence, some resort to nursing homes. Unfortunately, long-term care (LTC) is expensive, so many people turn to Medicaid for assistance.

If you have not planned and incorporated Medicaid planning into your estate plan, acquiring eligibility for Medicaid could place your assets at risk. To increase the chances of obtaining or maintaining eligibility for Medicaid, you can seek professional help from Medicaid planning attorneys for the best strategies. 

2. Incapacity Planning

If you’re a senior, you should add incapacity planning to your estate plan to ensure your desires are carried out if you ever lose the ability to communicate for reasons like Alzheimer’s disease.

Durable powers of attorney, living trusts, and “living wills” are common tools of elder law lawyers for transferring authority over one’s finances, medical treatment, and other matters in case of the client’s incapacity or death. As a judge will appoint a person to handle these responsibilities if there is no predetermined plan, it helps to be prepared with good guidance from an elderly law attorney. 

3. Estate Planning

Elder law lawyers use trusts, wills, and other estate planning documents to help clients dispose of their estates. With a plan, seniors can also decide how someone who gets an inheritance can use it if they have special needs, are dependent, or have trouble with creditors.

Meeting with an elder law attorney to review your plan is a good idea when approaching old age. You can revise your estate plan as needed and move forward with confidence that it reflects your current desires.

If you are a veteran who wants to ensure that they are given the legal and proper financial benefits, you can consult a veteran benefits attorney in Coral Springs.

4. Guardianship

You may consider petitioning for guardianship if you fear an elderly loved one cannot safely care for themselves and handle their finances.

Guardianship proceedings for a senior or disabled individual who can no longer make decisions for themselves are handled by attorneys specializing in elder law. They act as advocates for those whose families have sought guardianship; hence, working with an expert can help pave a smoother and safer future for your loved ones.

5. Elder Abuse

Abuse of older people is a prevalent social issue, and it can take on various forms. Physical abuse may be the first thing that comes to mind, but financial abuse costs older people significant money yearly.

If you have suspicions related to this, it is best to counsel with an attorney to make sure your loved one’s rights and safety are prioritized even with old age.