A rapid increase in the elderly population has been noticed over the last few years and is predicted to continue. With this projection, new legal issues for elders and their caregivers could be anticipated.
If you have grandparents, parents, or anyone else in their golden years, looking into “elder law” can benefit you. But, you might need an attorney specializing in elder law because this field is relatively new. Find out how an elder law attorney can help you and your older loved ones.
When Is the Help of an Elder Law Attorney Needed?
Legal protection for your elderly loved ones becomes more crucial as they age. Seniors can ensure their security and safety as they age with the assistance of an elder law attorney and thorough preparation in advance. If you need the help of an attorney, here are situations where you can benefit from collaborating with an elder law attorney.
1. Long-Term Care Planning
A majority of senior citizens require help in the performance of everyday tasks, so some resort to nursing homes. Unfortunately, long-term care (LTC) can be expensive, so many people are forced to use Medicaid for assistance.
If you’ve not considered and integrated Medicaid planning into your estate plan and are not eligible for Medicaid could place your assets at risk. To improve the odds of eligibility for Medicaid and other benefits, you should seek advice from an elder law specialist and check them now for the best strategies to use.
2. Incapacity Planning
If you’re a senior, you should consider adding incapacity planning to your plan of succession to ensure that your wishes are fulfilled if you ever lose the ability to communicate due to being diagnosed with Alzheimer’s.
Living trusts, durable powers of attorney, or “living wills” are standard tools elder law attorneys use to grant authority over finances, medical treatment, and other issues in the event of the client’s incapacity or death because a judge is likely to choose a person to take on these responsibilities if there is no set plan for the future which is why it is vital to be well-prepared with guidance by an elder law attorney.
To prepare for your retirement, you can ask the aid of a Coral Springs elder lawyer in case of incapacity and other legal matters that may arise.
3. Estate Planning
Elder law lawyers utilize trusts, wills, and other estate planning documents to assist clients in disposing of their estates. With a plan, seniors can also decide how someone who gets an inheritance can use it if they have special requirements, are dependent or have issues with creditors.
Also, remember that your loved ones with special needs may be disqualified from their government benefits once they receive an inheritance. A special needs trust lawyer can help you avoid that from happening.
4. Guardianship
Consider petitioning for guardianship if you are concerned that an older relative cannot care for themselves and manage their finances.
Guardianship processes for a senior or disabled person who can no longer make decisions independently are handled by lawyers specializing in elder law. They serve as advocates for the families of those who have requested guardianship. Hence, working with an expert will help ensure a more secure and smooth future for the loved ones you love.
5. Elder Abuse
Age-related abuse is a common social problem and can take on various forms. Physical abuse is the first thought that pops your mind, but financial abuse costs seniors significantly each year.
If you suspect anything related to this, it’s recommended to consult an attorney. Ensure that the rights of your loved ones and their safety are considered even when they are old.
