Here at Loving Assisted Living we want to provide you with the best information about elder law attorneys, if you are taking care of a parent, spouse, or aging loved one, you may or may not be aware of the challenges that seniors face.
There is always the cost of health care, housing, financial well-being, and long-term care. An elder care attorney is specially trained to help you to navigate through the aging issues that will arise.how-elder-care-attorney
Elder Care Lawyer
An elder law attorney can help the family look at the options for their loved one’s current situation and help them to plan for what could happen down the road, especially if a debilitating illness will require long-term care.
According to the National Academy of Elder Law Attorneys, elder law attorneys specialize in numerous areas, including:
- Administration and management of estates and trusts
- Estate planning and probate
- Trusts, wills, and other financial documents
- Long-term care placements in senior living communities and nursing homes
- Medicare and Social Security appeals and claims
- Elder abuse and fraud
- The preservation or transfer of assets to avoid spousal impoverishment when a spouse enters a nursing home
There is an abundance of financial and medical circumstances that seniors and their families will have to deal with, and that is why it is good to hire an expert who can handle all of them.
Eldercare attorneys can bring insight to a wide range of situations, from choosing long-term care arrangements to preparing for future scenarios.
1. Developing a plan for long-term care
Families are frequently split on the type of care they want for their parents. Without strong emotions influencing them, an elder care attorney can offer an objective opinion to develop a long-term plan.
Every parent wants to stay at the home, but sometimes that’s not the best advice, the most important this is that the senior is living in a safe environment.
Elder law attorneys focus on problems and issues that families face as parents or spouses age. An elder law attorney goes over what kind of care is required and whether the person is able to stay at home or may need long-term care in a nursing home.
If your loved one is suffering from some sort of dementia or Alzheimer’s, they will not be able to make the best decisions about their health. AElder Care Attorney will help you and your loved one to have a Durable power of attorney.
Having the power of attorney in place will appoint a person to make medical and financial on behalf of your loved one when they are no longer able to make decisions for themselves.
If a power of attorney is not in place the Elder Lawyer can help you with guardianship proceedings, and this will allow another guardian to handle your loved one’s financial affairs.
3. Helping with Medicaid
The requirements of Medicaid vary from state to state, and eligibility depends on your financial status, and the cost of treatment will vary.
An Eldercare attorney will advise you on whether Medicare is the best decision, as it might affect other financial decisions further down the road.
Knowing what Medicare benefits that your loved one can qualify for, and even looking to see if you are even eligible to qualify for them in the first place.
4. Applying for Veterans Benefits
There are many different benefits and government resources for veterans, so if you or your loved one may not even know about them, such as Aid and Attendance Benefit, which can help to offset some of the costs of Long Term Care.
An Elder Lawyer can help find all of the appropriate benefits that your aging veteran to qualify for with the US Department of Veteran Affairs.
5. Protecting Assets From Financial Exploitation
An Elder law attorney can help protect the assets of your loved one and avoid any financial exploitation. Protecting your loved one’s assets from dishonest preditors is essential.
6. Setting up a Living Trust
Laws for creating a living trust will vary from state to state, so when you hire an elder law lawyer, they can help you to set up the living trust.
A living trust allows your loved ones to maintain control of their assets, but the living trust will allow their assets to go to who they want them to go. Without proper estate planning your loved ones’ assets will have to go through the probate court, which can take a long time.
How Do I Find An Elder Law Attorney?
Hiring an elder law attorney will help you through some difficult decisions to make, they will keep your best interests at heart and will also be impartial.
The National Elder Law Foundation is another great resource to help you to find a qualified lawyer that will have the required experience and knowledge.