The Role of Elder Law Attorneys
According to the US Census Bureau, more than 51 million Americans are 65 or older, and the number is steadily increasing. At the same time, medical and technological advancements allow senior citizens to live longer and better lives than ever before.
The expanding needs of the US aging population are contributing to an increase in the complexity and availability of federal government senior assistance programs. Every senior has a unique set of circumstances that set parameters to navigate a successful aging plan, and the best way to determine the right course of action is through the help of a certified elder law attorney.
How Can an Elder Law Attorney Assist You?
Elder law attorneys focus on providing legal services to seniors and their families. A qualified elder law attorney coordinates seniors’ financial, legal, and healthcare decisions. Finding and paying for long-term care is something that many seniors and their family members fail to plan for, which can result in running out of money or not being able to secure appropriate care.
Seniors or their families should seek legal assistance well before there is a need for long-term care of a loved one to plan for what type of long-term care is desired and how it will be paid for. While an elder law attorney cannot be a specialist in all facets of a senior plan for aging, they work with other specialists when specific expertise is required.
Most elder law attorneys can facilitate the establishment of a medical power of attorney, advanced health care directives in the case of dementia, or aid in selecting a suitable long-term care facility and assisting in structuring the financial resources that cover the cost of that care. Those resources may include maintaining eligibility for Medicaid or Veterans’ benefits while protecting the senior’s assets for themselves and their legacy.
Elder law attorneys often assist with guardianships if a senior can no longer make responsible and informed decisions regarding their health, living, and financial affairs, and no one has been designated to do so.
Guardianships are usually a last resort, as they are costly and require court involvement for the lifetime of the incapacitated person. A stranger could be appointed to oversee the incapacitated person’s finances. Ideally, a senior will have proper legal documents to avoid guardianship, but unfortunately, this isn’t always the case.
A properly drafted estate or long-term care plan can help avoid guardianship, as the estate planning documents ensure there are proper agents to handle financial and medical decisions if you or a loved one can no longer make those decisions.
A properly drafted estate or long-term care plan will also address how long-term care will be paid for and whether assistance with government benefits is necessary. With the aid of an elder law attorney, seniors can rest assured that their rights, assets, and well-being will be protected throughout their golden years.
Choosing an Experienced Elder Law Attorney
Identifying the right elder law attorney is essential for seniors, their future, and their legacy. Typical questions to consider include:
- How long has the attorney practiced explicitly within elder care law
- If they have a particular specialty, such as veteran’s benefits, Medicaid, estate planning, or probate expertise
You should also seek an elder law attorney dedicated to elder law services as this area of law is often changing, and it is essential to have an attorney who continually monitors those changes to provide clients with the best advice possible.
Selecting the right elder law attorney for your personal needs or those of a loved one will significantly impact your plan for successful aging. Start well in advance of the time you or your family anticipates the need for your long-term care. Remember, it’s never too early to include elder law services in your estate planning strategy.
Contact an experienced elder law attorney today to discuss your options and ensure that you or your loved ones are protected throughout their golden years. Don’t wait until it’s too late – plan for the future now with the help of an experienced elder law attorney.
If you or a loved one is facing elder abuse, an estate planning lawyer who specializes in elder law can also assist in advocating for your rights and seeking appropriate legal action. Call 859-544-6012 today to speak with an elder law attorney and learn more about how we can help you or your loved ones.
