The practice of elder law is an area of expertise that developed from the need of a growing population of senior citizens with specific legal issues. What can an elder law attorney do for you or a loved one?
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Elder law is a relative new area in the practice of law, arising from the need of a growing population of senior citizens with specific legal needs. What can an elder law attorney do for your or loved one?
Estate Planning
An elder law attorney assists in estate planning for the management of an estate during life and the disposition after the passing of an individual. Estate planning includes drafting a will, establishing a trust, preparing advance medical directives and preparing powers of attorney, to ease the burden of ones incapacity or passing on their loved ones.
Asset Protection
Often Medicaid comes into the lives of senior citizens to pay for nursing home care. Medicaid contains many complex rules and regulations regarding income and assets, and asset protection avoids the impoverishment of a spouse should Medicaid become necessary.
Trust Administration and Executor (Personal Representative) Duties
A trust is an estate planning tool that allows property to pass to beneficiaries outside of probate, which is the process that administers the estate of a deceased. Trust administration and the duties of the executor (also known as the personal representative) of an estate can be complex and time consuming. An elder law attorney with expertise in these areas can handle the duties for an estate rather than burdening a loved one with these tasks during a time of grief.
Protecting the Rights of Seniors
Elder law also encompasses protecting the rights of senior citizens in many areas, such as:
Personal rights of the elderly during guardianship or conservatorship, two methods of handling the living estate of an incapacitated senior;
Age discrimination;
Health insurance issues;
Abuse, neglect or exploitation; and
Government benefits.
Using an elder law attorney with expertise with these issues will ensure that you receive the best legal advice for your particular needs.