When a nursing home does not properly take care of a patient, medical errors, bed sores, fractured bones, overwhelming infections, and death can be the result. Nursing home neglect cases are handled by litigating attorneys, but they are different than standard personal injury cases.
Talk to your elder law attorney about creating a letter of instruction. Use it to detail your wishes for funeral arrangements, people to contact and other specifics, but remember the letter is a supplement to, not a replacement for, a will.
The legal laws governing legal matters surrounding power of attorney differ from state to state which is why it is essential to have lawyers on board who understand the process and can communicate them in simple terms.
In the year 2000, the 1965 Older Americans Act was amended to include the National Family Caregiver Support Program. This program was designed to aid millions of families who were struggling with healthcare and financial issues related to the care of the elderly and disabled.
In elder law, a guardianship becomes an option when a person becomes unable to make decisions for him or herself. In such cases, the courts will look to advance directives (such as Power of Attorney) to see who can or will make these decisions for them. If no advance directive has been established, then the courts will appoint a guardian.
The National Family Caregiver Support Program's (NFCSP) 2000 amendment was instrumental in birthing today's modern elder law. In fact, the NFCSP established state and federally backed funding programs for family counseling, respite, and other pertinent support services.
One advantage of hiring an Elder Law attorney is that we can help you with disability planning, including the use of durable powers of attorney, living trusts, living wills, and financial management of healthcare decisions.
The durable power of attorney is a vital legal document. It appoints a trusted family member, friend or expert to make legal decisions on your behalf should the need arise. The document defines essential details, like the conditions under which it takes effect.
Appropriate asset planning with an elder law attorney can ensure that safeguards are in place that protect assets. The rules are complex and a broad knowledge of elder law is needed for any successful asset protection plan, which becomes a significantly realistic strategy for a meaningful quality of life.
Did you know that if a decedent had “individually owned” assets totaling $100,000 or less, then a probate proceeding is not necessary? In fact, retirement accounts or life insurance policies that have a designated beneficiary are not considered individually owned and therefore are immune from the threshold amount.
Probate is a legal term that describes the court’s way of processing an estate when a person has passed away. Legal probate involves gathering up all of the assets of the estate, paying the taxes on the estate, and distributing the estate balance to the surviving heirs.
Did you know that elder law is also called Medicaid law? In fact, often the terms are used interchangeably. Areas of elder/Medicaid law including probate, annuities, advocacy, and all aspects of legal guidance.
A power of attorney can be revoked at any time unless the principal loses the mental capacity to understand the nature and significance of the revocation. This is done by simply signing a written notice of intent to revoke POA and delivering this notice to the relevant parties.
Did you know that the estate tax is a tax on property (cash, real estate, stock, or other assets) transferred from deceased persons to their heirs? According to the Tax Policy Center only 0.14% of Americans are eligible to pay this tax.
Elder law attorneys are experienced with the legal, financial and medical care issues aging seniors may encounter. They can, for instance, help you or your representatives handle claims related to Medicaid, health insurance, veteran’s benefits, nursing home care and more.
An elder law attorney can help you sort out a wide range of complex issues. This includes problems you might encounter concerning Medicaid, social security, trusts, conservatorships, and durable power of attorney.
Advance directives are documents that detail how you would like things to be handled if you become unable to make decisions during your lifetime. Durable Powers of Attorney are the most common advanced directives. They allow for you to name an agent who can make health or financial decisions if you are unable to do so.
Do you ever worry that an adult child with special needs won’t be able to function on their own after you die? We can help you set up a trust that will pay for their continued care.
If you’re married, it’s important you and your spouse consult with an elder law attorney and create a plan for your senior years. Common issues include deciding how to protect assets and what to do if one spouse is well and the other requires long term care.
So what exactly is a conservatorship or guardianship? This refers to the legal proceeding wherein a person (the conservator or guardian) is appointed to exercise the legal rights of an incapacitated person, also called a ward.
Nursing home care can be expensive if it’s not covered by Medicare. If you run out of money, it can sometimes be covered by Medicaid. In order to qualify though, you must be almost completely out of money and you cannot give away your money just to qualify. We can help you prepare for future care.
Do you know that most elderly beneficiaries rely on Social Security benefits for the majority of their income? In fact, for about half of seniors, social security provides at least 50% of their income.
Do you know the difference between a trust and a will? Well, a will goes into effect only after the creator's death, while a trust may go into effect during their lifetime.
Whether the elder care issues are for you or your parents, it can be difficult to figure out federal and state laws for things like estate planning and what Medicare does and does not cover. Having an expert in elder law who can provide answers to questions is an invaluable first step in solving elder care issues.
There are several factors that affect the eligibility timeline for Medicaid, including the state in which you live, your assets, income and expenses, whether your application is complete, and more. Before applying for Medicaid, consult an elder law attorney.
When it comes to elder law issues, we understand that your needs may extend beyond basic legal services. We are dedicated to keeping you connected to local resources who can help meet your needs throughout the later stages of life.
An elder law attorney is skilled in many of the various aspects of law that apply most specifically to those of a certain age. That may include abuse claims, handling the various documents available to ensure that final wishes will be honored, and protecting your loved one financially.
