As they strive to make their loved one’s final years as comfortable and happy as possible, it is common for family caregivers to feel overwhelmed by the demands of their caregiving role. Attorneys specializing in elder law have extensive expertise in easing the burden of caregiving for their clients.
An elder law attorney’s job is to assist their senior clientele and their families in addressing their long-term care concerns. Problems with healthcare and finances are frequent for the elderly in America and can be especially taxing on those who must do it alone.
Having an experienced attorney to advise you planning related to legal issues can make your caregiving role way easier!
An elder law attorney is prepared to help you and your older loved ones with various legal issues, including applying for and navigating government assistance like Medicaid and making retirement plans.
While most people think of elder law attorneys as handling the healthcare, housing, estate, and financial difficulties that elders confront, there are many more ways to aid those caring for them.
Keep in mind that there is really no such thing as a “typical” circumstance. You and your loved ones would benefit from seeing an attorney about your options.
An attorney who specializes in elder law can be of great assistance in a number of ways to those providing care for older loved ones. An elder law attorney can ease the stress of dealing with a loved one’s impending long-term care needs or terminal disease.
In this article, you’ll learn about the services that an elder law attorney can offer, so you can decide whether or not you need one.
6 Ways an Elder Law Attorney Can Help Family Caregivers
It is a common misconception that older adults do not face legal challenges. On the contrary, their legal battles may become more difficult as they age. Housing, health, long-term care, and monetary concerns are all examples.
Caregivers might benefit from the expertise of attorneys specializing in elder law when supporting their older loved ones with these legal matters. They give older people choices to make preparations for the future more feasible.
For instance, when an older citizen faces a chronic condition requiring long-term care, what choices do they have?
These legal matters are often more complex for older adults, but an attorney experienced in elder law can help. They are experts in a wide variety of fields of elder law. Thus, they are necessary for older adults to prepare for the future.
Here are six ways in which attorneys specializing in elder law can aid those who provide care for older relatives:
1. Develop a Long-Term Plan
The general public often undervalues an elder law attorney. Nevertheless, they can help provide long-term care options for older people. People may assume that medical professionals and caretakers are the only people who understand this topic. But this is not the case.
Attorneys, like everyone else, have a good grasp of the conditions that affect older adults and the treatment choices available to them. As a result, they are prepared for what comes next when things reach this point. After evaluating your health, they’ll devise a tailor-made strategy for you.
2. Qualifying For a Durable Power of Attorney
You could be concerned about your loved one’s autonomy in making medical decisions if they suffer from a degenerative brain disease like Alzheimer’s or another form of dementia. When drafting a durable power of attorney, it’s best to have an attorney with experience in elder law work with you and your loved one.
If your loved one becomes incapacitated, the person you’ve designated as their “appointee” will be able to make choices on their behalf, such as those involving their health care and finances.
If a loved one becomes unable to care for themselves and no durable power of attorney has been established, a lawyer for the older adults can initiate guardianship proceedings so that you or another trusted individual can take care of their daily needs and finances.
3. Helping With Access to Medicaid
Sometimes people need long-term nursing care but can’t afford the costs. In such cases, applying for Medicaid or other government assistance may be reasonable and necessary. According to the regulations in each state, older adults can be eligible for Medicaid if they have a low enough income and few assets.
This is why it’s important to start planning for Medicaid as soon as possible with the help of an attorney who specializes in elder law. Then, if seniors need long-term care, the Elder Law attorney can get them approved for Medicaid in a timely manner.
If you or an older loved one have questions about whether or not a certain asset could disqualify you for Medicaid, an attorney specializing in elder law can help.
For instance, your loved one’s home’s value may not affect their eligibility for Medicaid (though there is a cap on home equity value that varies by state). In addition, cash, savings, and retirement accounts are examples of nonexempt assets that may be included against the Medicaid asset and/or income limit restrictions in the older person’s state of residence.
Planning and applying for Medicaid can be challenging. Therefore, it is crucial to seek the counsel of an Elder Law attorney for assistance.
4. Protection From Financial Exploitation
This is one of the most crucial and severe issues on which lawyers can advise you. Unfortunately, children and other relatives frequently attempt to swindle their older relatives out of their money and possessions.
It is your duty as a caretaker to ensure the comfort of the older citizen. In order to avoid this, you might get help from an attorney specializing in elder law. The lawyer’s job is to identify when a situation could harm the older client.
Additionally, they will recommend remedies to be taken in the face of fraudulent or criminal acts.
5. Shielding Against Elder Abuse
Unfortunately, older adults are often targeted by fraudsters. Most telemarketers identify their next victims among older adults because they are typically at home during office hours.
A lawyer specializing in elder law will be able to spot signs of financial abuse or fraud and will work with authorities in the area or family members to bring the perpetrators to justice. However, telemarketing scammers can lure older adults into handing over their money, and so can email and snail mail frauds.
You are deserving of protection and attention. Elder law attorneys can facilitate communication with relevant agencies, financial recovery, and a swift transition to a safe living situation.
6. Setting Up a Living Trust
It is natural for a person to want to ensure that their estate’s beneficiaries are handed down to the people that mean the most to them. However, probate is a lengthy process that can affect your loved one’s possessions if no will or other estate plan has been established.
In establishing a living trust, your loved one can continue to manage their wealth even when it is no longer part of their estate. However, an elder law attorney is necessary since state laws regarding living trusts differ.
5 Things About Elder Care Law That Caregivers Should Know
Taking care of older people can be difficult. Struggles of the body and spirit are inevitable. In addition, it can be much more challenging to find legal aid.
A caregiver’s patience may become thin. Therefore, it is common to consult a lawyer. Still, legal concerns related to the care of older people may arise even then. Accordingly, every caregiver should be aware of five aspects of elder care law.
1. Power of Attorney
Several legal concerns specific to older adults have already been mentioned. For example, when an older person has dementia, it’s easy for predators to take advantage of them financially. A power of attorney might be of great legal assistance to older adults in such a situation.
The accounts are accessible to the attorney-in-fact. This individual now has the legal authority to make meaningful choices on behalf of the older person. Consequently, they need to be reliable, knowledgeable, and competent.
2. Active Will
Second, familiarize yourself with the living will. Such a legal agreement would outline the distribution of property in the event of a terminal illness. The person’s wishes regarding artificial respiration and resuscitation are also spelled out.
Seniors may need assistance from caregivers in completing this paperwork. The older population can be provided with legal counsel. Being able to write a living will is a valuable skill to have.
3. Public Benefits
When it comes to public assistance, older adults truly benefit. They aid retirees in handling the administrative duties associated with assisted living facilities. Medicaid, payments for veterans, Social Security, and so on are all examples of public assistance.
You, as a caretaker, need to know more than the bare essentials about them. This advantage comes with a plethora of other perks. Verify their qualifications to apply before proceeding. Moreover, the application procedure itself can be complicated. A lawyer can help you comprehend the procedure.
4. Types of Senior Care
A nursing home may not be the option everyone chooses. Now, older adults can pick from a wide variety of options. So, which one of these would be ideal for them? A caregiver can assist a patient in making an informed choice. In making this decision, they may also speak with an elder law attorney.
5. Standard Care
Caregivers should know all laws that pertain to the care of older adults. State legislation could be different. That’s why it’s crucial to retain a local attorney with experience in elder law. Knowing and abiding by the norms of society is crucial. In this way, older adults are protected from potential legal issues.
Conclusion
Advocating for the rights of older adults in the legal system is complex. There are several factors to think about when deciding whether or not to use a lawyer to help an older person. First, it’s already hard for us, so think about the consequences for the elderly.
Support systems should be tailored to the specific requirements of those providing care for an older relative. Meeting the lawyer in person, researching their background, reading testimonials from former clients, making notes, and double-checking their credentials are all part of this process.
The field of elder law is adaptable and useful in many settings. For example, when a person is getting close to retirement age and needs to start planning for the future, elder law is often called into play. The steps involved may include the following:
- Creating a will or power of attorney.
- Establishing trusts.
- Moving into a nursing home.
Protecting older adults from fraud and financial abuse is another important function of elder law. If you or an older loved one has questions about how the law protects older adults, you should speak with an attorney.
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