5 Essential Things to Know About Elder Law and Protecting Your Loved Ones’ Future

We are forced to face many questions once we start aging. Where to live, how to receive care, what’s going to happen to our loved ones once we pass away, etc. These are all questions that can keep you up at night. One can say that getting answers to these questions is what elder law is all about. 

Hiring an elder law attorney is perhaps the best way to ensure both you and your loved ones are protected when you get old. That being said, the concept of elder law is alien to many in America.

So here at The Law Offices of Sean Patrick Cox, we thought it would be a good idea to give you a brief crash course on it.

In this article, you’ll learn 5 essential things about elder law that could help you better protect the future of you and your family.

So without much further ado, let’s get started.

What is Elder Law and Why is it Important?

Elder Law pertains to legal practice that involves managing issues that largely affect a country’s aging population. Think of it as legal protection of elderly rights through competent financial planning and long-term care.

Elder Law Planning usually involves Taking care of the Following Issues:

• Estate Planning
• Making Sound Health Care Decisions
• Retirement Planning
• Assigning Guardianship
• Asset Protection
• Creating a Will or Trust

Elder law planning essentially helps people make plans for the future in a bid to ensure all of their needs and desires are met. A well-thought-out elder law plan ensures that a senior citizen is able to live a life of comfort. A sound elder law plan is also essential to protect one’s assets and ensure they get the healthcare necessary to carry on with their lives.

The Role of a Lawyer in Elder Law

A good elder law attorney provides legal advice for seniors in elder law matters. Simply put, they specialize in the legal representation of seniors on a variety of issues that are unique to the aging section of our society. A crucial area of an elder law attorney’s duties or elder law legal services involves helping seniors and their families navigate the often complex rules and regulations associated with health care plans.

Choosing the right lawyer for elder law could also mean competent assistance with pre-planning in order to protect one’s assets in the future. The benefits of having a lawyer in elder law are immense.

They can also help you with:

• Medicaid planning
• Estate Planning
• Elder abuse recognition and reporting
• Long-term health care planning, etc.

Needless to say, the importance of hiring a lawyer for elder law matters is too significant for one to ignore.

Common Issues Addressed in Elder Law

 As we mentioned before, elder law revolves around the handling of managing many unique legal issues for seniors. These issues are as follows.

1) Estate Planning

Estate planning for the elderly is perhaps the most integral aspect of elder law. Most elder law attorneys assist senior citizens with estate planning by crafting a will or trust. This will or trust could then help with the distribution of the senior citizen’s assets after they’ve passed away. Elder law attorneys also specialize in crafting power of attorneys for seniors who wish to designate a person to make important decisions regarding healthcare, property, and finances on their behalf. They are also capable of handling disputes over power of attorney.   

2) Guardianship for Elderly Adults

Elder law attorneys can help people plan for the possibility of incapacitation by designating a person to act as their healthcare surrogate. In other words, elder law attorneys can help you plan for possible future incapacity and also assist you throughout the guardianship process.

3) Secure Public Benefits

Elder Law Attorneys can help their clients, especially those afflicted by disabilities, secure public benefits like social security disability, Medicare, Medicaid, and Supplemental Security Income. They’ll also make sure that your rights as a disabled senior citizen aren’t violated.

3) Long-Term Care Planning

Elder law attorneys can assist clients in taking all the steps necessary to make sure they are getting long-term health care in a cost-effective manner. They can assist you with proper Medicaid and Medicare planning, help you find a retirement home that complies with nursing home rights and regulations, etc.

4) Advanced Directive and End-of-Life Planning

Attorneys can also help you draft an advanced directive, which is nothing but a legal document that dictates what actions are allowed to be taken if you are no longer capable of making your own decisions. You can also count on these lawyers to create an end-of-life plan that includes what’s supposed to be done about your finances, assets, property, etc. after you’ve passed away.

5) Elder Abuse and Neglect

Finally, elder law attorneys can protect their clients against elder abuse and neglect by helping them secure restraining orders, filing a civil lawsuit for financial exploitation, etc. They can educate clients on how to best protect themselves against exploitation or abuse of any kind.

Planning Ahead with a Power of Attorney

Power of Attorney is perhaps one of the more significant aspects of estate planning. It is basically a legal document that helps you grant the power to let others indulge in healthcare or financial decision-making at your behest. A power of attorney makes sure that someone you trust is able to make decisions on your behalf when you simply can’t. Now there are different types of power of attorneys.

They are as follows:

• General Power of Attorney
• Special Power of Attorney
• Springing Power of Attorney
• Durable Power of Attorney

Remember, the limitations of the power of attorney or the rules related to revoking a power of attorney will depend on the type of POA you ultimately decide to go with.

Your elder law attorney can explain the purpose of each of these POAs. To create a power of attorney you first need to decide what type of POA you wish to create. Then choose an agent or attorney-in-fact, and decide what decisions they will be allowed to make. After deciding, simply get a POA form, fill it up and sign it in the presence of witnesses. Later, give a copy of your POA to the agent and other concerned parties.

Making Sure your Loved One’s Wishes are Carried out With a Will or Trust

Writing a will or creating a trust is an ideal way of ensuring your loved one’s wishes are followed. While a Trust dictates how assets are supposed to be protected or used, wills are legal arrangements that dictate how assets are to be distributed to designated beneficiaries after death.

For a will to be considered valid, it must be signed and witnessed according to laws specific to your state. Furthermore, choosing an executor for your will is also mandatory. Anyone from your spouse, attorney, or elder child can serve as an executor of your will.

Both trusts and wills are essential for:

• Protecting assets for loved ones
• Estate planning for seniors
• Making a plan for long-term care, etc.

Navigating the complex path of elder law, wills, trusts, estate planning, etc. can overwhelm anyone. This is why it is essential to hire a seasoned elder law attorney to have your back. That is exactly what the brilliant elder law attorneys at The Law Offices of Sean Patrick Cox do exceptionally well.

We are home to a team of lawyers that can consult you on a variety of elder law matters. From helping you craft a substantial estate plan to creating a will and avoiding probate with a trust, here at The Law Offices of Sean Patrick Cox we know just how to serve the legal interests of our senior clients.

Call us now for a free consultation.