Elder Law: What it Means for You and Your Loved Ones

What Does Elder Law Mean? The term “Elder Law” is generally defined by the population served: aging adults or persons with disabilities who are or could be facing health care issues in the future. Can also include veterans benefits, special needs planning, estate planning…the list goes on!

Do I Have to Be Elderly to Need the Services of an Elder Law Attorney? Of course not! Elder Law Attorneys help families of all ages. As we grow older, our health care needs change, as do our financial needs. Elder Law Attorneys make sure you have a plan in place to meet those changing needs.

What Types of Services May Be Provided? Let’s look at an example: Harriet and Robert are ages 75 and 77, respectively. Harriet will be having hip replacement surgery soon, and a friend suggested that they see an attorney to make sure they have appropriate powers of attorney in place, just in case Harriet has any complications during recovery, or if Robert should suddenly fall ill.

Harriet and Robert After visiting with an elder law attorney, Harriet and Robert now have comprehensive powers of attorney for both health care and financial matters, as well as living wills. They are also putting a plan in place to protect their home and their hard-earned savings in the event either of them need long term care in the future. This will ensure they do not lose their home or their savings to the rising costs of long term care.

A Closer Look at Powers of Attorney The purpose: To allow someone else (called an agent) to step in and make decisions for you if you are unable to. You determine what decisions can be made on your behalf. Without an effective power of attorney your family may be forced to file a guardianship and ask a court to appoint someone on your behalf.

What About Asset Protection? Long term care costs are very high now, and constantly rising. Many of us may not be able to afford thousands of dollars a month for care. The government has programs that can help pay for long term care, but your home or other assets could be at risk. Elder law attorneys help you put a plan in place to prevent you from losing your home or savings in the event you need significant long term care in the future.

Other Services Provided by Elder Law Attorneys Estate planning: Providing advice on how your assets should be managed in the event of your disability and how your assets should be handled upon your death. Probate avoidance, powers of attorney, health care documents Special needs planning: Helping you or a loved one manage assets for a person with disabilities to ensure any benefits they receive are never in jeopardy.

Other Services Provided by Elder Law Attorneys Veterans Benefits: Wartime veterans or their surviving spouses may be eligible to receive a monthly, tax free cash benefit to help cover medical expenses. Called Veterans Service Pension, this is a needs-based benefit so it’s important to get proper advice on how to qualify. Also known as “Aid and Attendance.”

Failing to Plan is Planning to Fail While we can’t stop the aging process, with proper planning we can make it an easier transition for you and your loved ones. Proper care and a plan to pay for that care are vitally important for adults of all ages.

Thank You!