WHAT IS ELDER LAW
An insight on legal help for seniors
What is elder law? Elder law is a recognized and specialized area of law that addresses financial, medical, legal, social and family issues, concentrated on the needs of the elderly and people with disabilities.
Elder Law is the legal practice of counseling, assisting and representing senior citizens, the disabled and their families about healthcare and long-term care planning, surrogate decision making, public benefits, legal capacity, and the administration and disposition of estates.
Elder law attorneys handle issues including:
Elder abuse and fraud, elder neglect, estate planning, healthcare and long-term care planning, surrogate decision making, guardianships, conservatorships, medicaid, medicaid planning, disability planning, legal capacity, probate and trust administration, public benefits, personal care management, emergency planning services, veterans benefits, disposition and administration of estates.
Elder Law attorneys and law firms must also be able to provide counseling and assistance to the elderly about housing, insurance, power of attorney, business succession planning, employment, and retirement.
The US population is aging rapidly and the demand of caring for older individuals and the unique issues that may emerge grows every year.
People aged 65 and older usually count on family members to provide care, advice and assistance to help them deal with matters related to senior citizens. But many elderly people do not have family members who are able or willing to assist them with their daily living needs.
Elder law deals with a wide range of legal areas. Examples of issues include the following:
- Empowering another person to act on behalf of the elderly if he or she is not competent to through powers of attorney, guardianships and conservatorships
- Helping find options for financing the costs of nursing care, through long-term care insurance, Medicaid, Medicare and special needs and income only trusts
- Whether a senior receiving a gift or inheritance would affect Medicaid eligibility
- Recovering stolen property and identifying and preventing elder abuse
- Planning long-term care, including assisted nursing care options and in-home care
- Transferring property before and after death using affidavits in lieu of probate, trusts, and wills. Transferring property through gifting, titling property to transfer automatically at death.
- Developing and implementing a pre-crisis planning over time or provide crisis assistance.
What is elder law? Elder Law concentrates on legal representation, legal counseling, and assistance to seniors, people with disabilities and families with a variety of legal issues, from estate planning to long term care issues, with an emphasis on promoting the highest quality of life for the individual.
Sons and daughters or grandsons and granddaughters who love their parents and grandparents will try to take care of them as long as they can, or will find the best home care services so they will be well cared for.
Elder law lawyers can assist on creating written documentation making the senior’s wishes clear, so there’s no doubt about what their desires are.
Issues that may arise concerning home care for seniors facilities.
- Collecting and managing assets
- Accusations of abuse or neglect
- Preventing and prosecuting elder abuse
- Seeking guardianship of an elder
- Problems with power of attorney
Here are some organizations that can help seniors get free legal advice:
Free legal advice for seniorsReturn from What is elder law to Home page.
DISCLAIMER: The law will vary depending on your state, jurisdiction and the specifics of your case. The information provided by USAttorneyLegalServices.com is intended for educational purposes only. The content on this site should NOT be considered professional legal advice or a substitute for professional legal advice. For such services, we recommend getting a free initial consultation by a licensed Attorney in your state.
