What is Elder Law?

Elder Law is first and foremost about empowering seniors. Elder Law services enable you to make your own choices and decisions about managing life as you age. Everyone wants to have some control over the future, and Elder Law helps you do just that.

Elder Law is not a new type of law, but it is a relatively new way to bring several areas of the law together to benefit a particular group of people — older adults and their families. Elder Law attorneys specialize in assisting seniors and their families navigate the complicated legal issues related to planning for long-term care. If you have wondered about Elder Law and how it differs from Estate Planning or other related legal services, this will help you gain a better understanding and help you know if you would benefit from using an Elder Law attorney.

The main areas that Elder Law affects include your living arrangements, your financial well-being, your healthcare options, and your ultimate disposition of assets. 

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Medical

No one knows exactly what the future holds, but the key to feeling secure is to have your advance directives in place to ensure your health care wishes are known. Advance directives include a Medical Power of Attorney, HIPAA Release and Authorization, and Directive to Physicians and Family or Surrogates (also known as a Living Will). Elder Law is about preparing for the future unknowns by appointing the people you trust to make decisions for you as your agents under a medical power of attorney, to allow the disclosure of your medical information to your inner circle, and to initiate the conversation about end-of-life decisions. Elder Law services can help you weigh all the options and make sure you have the right documents and people in place so your medical wishes and health care directives are known and implemented.

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Financial

Money matters can be especially complex for seniors. It is important to plan carefully and preserve your assets for when you need them the most. If you have a pension or other private retirement fund, will it be enough to pay all your expenses? If you plan to rely on government benefits, such as Social Security, Medicaid, or Veterans Benefits, do you know how much you are eligible for each month and how to access what you are entitled to receive? Have you designated individuals to act on your behalf for financial and legal matters through a proper Durable Power of Attorney so that your desires can be protected if you cannot act for yourself? Elder Law encompasses all of these decisions within the context of planning for long-term care — a very different financial and legal arena.

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Long-Term Care

With our aging population and advancements in medical technology allowing people to live longer than ever before, access to long-term health care in the United States has become increasingly complicated, confusing, and expensive. Medicare is health insurance offered to people over the age of 65 or who have been receiving Social Security Disability benefits for 24 months. Private health insurance and Medicare supplemental policies cover additional medical expenses, depending on the type of policy in which you choose to enroll. Medicare, Medicare supplement plans, also known as Medigap plans, and private health insurance pay only a limited number of days in long-term rehabilitation facilities. Most people are surprised to learn that Medicare and private health insurance do not pay for long-term care at home, custodial care in skilled nursing facilities, or assisted living and memory care facilities. There are three ways to pay for long-term care: (1) private pay, (2) long-term care insurance, and (3) public benefits, including Medicaid and VA benefits. Medicaid benefits may be available to pay for care in a skilled nursing facility, but the benefit available for assisted living and in-home care is very limited. Additionally, Veterans and their surviving spouses may be eligible for additional government benefits to reimburse medical expenses and long-term care. An Elder Law attorney can help you create an individualized long-term care plan to address these issues and outline your wishes for health and long-term care decisions through the appropriate documents.

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Disposition Of Assets

Elder Law includes estate planning issues such as wills, trusts, and property transfers. As time passes and circumstances change, it is often necessary to make changes to your plans for the disposition of your assets. Further, depending upon the government benefits for which you may be eligible, changes may be needed to your plans for disposition of assets to ensure the long-term desires and needs of you and your loved ones are met.

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Protecting Assets And Preventing Exploitation

What happens when there is no plan in place or if the plan falls apart? Elder Law navigates issues dealing with dementia, incapacity, undue influence, and elder exploitation and abuse. What happens when you cannot act for a loved one or protect them from exploitation? How does the court process work? An Elder Law attorney experienced in guardianships and probate litigation provides invaluable insight into protecting you and your assets in the future if a dispute arises.

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Frequently Asked Questions

You may have questions. We’re here to help! View some of our common questions and answers.

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We understand how difficult some of these decisions can be. We’re here to hold your hand through the process.