4 Ways an Elder Law Attorney May Help You
Old age comes with vulnerabilities, needs, or concerns that require special attention. For example, some diseases are more common in seniors than younger people. The decline of physical and mental capabilities with age also complicates matters. Some of these issues require legal solutions to enable the elderly to live dignified and comfortable lives.
Elder law attorneys provide legal services for seniors with these unique issues. Below are specific services you can get from an elder law attorney.
1. Estate Planning
Estate planning prepares you for the day when you can no longer determine, communicate, or execute your objectives or wishes for the end of life but also for everyone who can benefit from estate planning services. However, many people put-off estate-planning services until they are elderly or ill.
Contact an elder law attorney if you are in such a situation. The attorney may help you with the following services:
- Writing a last will and testament so your beneficiaries can know your wishes after your demise
- Reviewing your estate assets and debts
- Selecting guardians for your minor children
- Taking relevant steps to minimize estate and income taxes
- Setting up a financial power of attorney and healthcare proxy to secure your finances and health to in the event of setting up a trust to avoid probate and for asset protection planning your incapacitation.
Plan your estate as soon as possible so your beneficiaries cannot use mental incapacity to contest your wishes.
2. Protection of Nursing Home Rights
Many seniors have vulnerabilities, such as mobility and age-related illnesses, which are not so serious to require hospital care. Many seniors end up in nursing homes where nursing aids and nurses provide the relevant care. However, the vulnerabilities also mean these seniors can fall victim to misconduct from third parties.
The government recognizes these risks and uses relevant laws to regulate nursing homes. These laws grant you certain rights to ensure you get the right treatment at nursing homes. For example, nursing home attendants must treat you with dignity and respect, maintain accurate medical care records, and develop a comprehensive plan for your daily living activities.
An elder law attorney can help protect your nursing home rights. The attorney can help you get legal redress if a nursing home harms you. Also, some nursing home residents do not know what they are entitled to in nursing homes. An elder law attorney can review your circumstances to ensure you have everything you should be getting.
3. Medicaid Planning
The public health insurance program Medicaid is useful for protecting the health of vulnerable persons, including seniors. The program has asset and income limits, which mean that qualification for the program is not automate. Unfortunately, the program can be so intricate that the average person might not understand it well. Many people do not understand how to qualify for the aid, when to use it, or how to maximize the benefits. Moreover, Medicaid rules frequently change.
An elder law attorney can save you a lot of money by helping you to plan for medicaid. For example, the attorney can review your circumstances, establish trust, advise you on asset transfers or conversations, prepare the relevant paperwork, hasten the process, and even appeal denials. The attorney can help you organize your assets or financials to increase your program eligibility.
4. Senior Benefits
The government provides several public benefits specifically for seniors. Examples of these benefits include:
- Financial support with Social Security Benefits
- Reverse mortgage programs for seniors who own homes
- Medical benefits with low-cost prescription drugs
Again, these benefits are complex in several ways. For example, some seniors do not understand the benefits available or their eligibility requirements. An elder law attorney can help you review the benefits you qualify for and apply for the benefits within a short deadline.
The Law Office of David E. Waterstradt, PLLC, has practiced elder law for over 30 years. We understand the legal challenges seniors face and promise you professional and dignified solutions. Contact us for a consultation to see how we can help you.
