Elder Law is the professional focus on issues which seniors (generally defined as age 50 and over) are faced with regularly. This area of practice is a unique niche because a lawyer must have a broad range of legal knowledge coupled with compassion and a desire to improving the lives of seniors. The focus is not just on legal issues, but, rather, it is holistic by addressing legal, medical, financial, social, and family dynamics issues.
Legal planning includes executing or updating wills, trusts, living wills, medical power of attorneys, mental health power of attorneys, and tax planning. It can also include conservatorship, guardianship, and probate needs. People have unique histories, circumstances, and goals, so planning must be individualized rather than implemented on a cookie-cutter approach.
Financial planning not only covers charitable giving and succession planning, but also determining long term health and dental care coverage and the best way to fund these needs. It is a myth that planning for these costs is somehow unethical or illegal. Medicare Cost Sharing, Medicare Savings Programs, and the Medicaid program in general are not known for their ease in understanding the requirements or applications. An Elder Law attorney can help with these decisions by either guiding one through them or referring one to good resources. At a minimum, they will help one understand the benefits and detriments of these tools and other programs.
Social Security is an area that can be complicated. Timing and knowledge of one’s rights and duties are everything. For instance, benefits are generally automatically deposited directly to one’s bank account. Survivor benefits change immediately upon the death of a spouse. For example, benefits received the month after the death of a recipient must be returned to Social Security. In fact, Social Security will retrieve the funds by reaching back into the account in which the funds were deposited. They will do this without warning and a stern reprimand. This could lead to confusion and unintentional bounced checks. Elder Law attorneys can help by reminding the surviving spouse or personal representative gently and at the right time what steps to take.
Occasionally, a person is faced with financial scams by unsavory businesses or financial abuses by those who are supposed to protect them. An Elder Law attorney generally will help remedy and rectify these situations and get procedures in place so that these occurrences are not repeated.
Social needs of the elderly and their caregivers are often not addressed. These situations can be more dangerous and unanswered when family members do not live nearby. If left alone and out of touch, the elderly may face depression and other silent ailments. There are many wonderful low cost and free programs that address these needs. A great Elder Law attorney will be able to help with these issues as well.
If you have Elder Law questions or needs, check in with an Elder Law attorney. It can give you and your family peace of mind.
Just want to see how the comments aspect of the blog works. Believe Camie can review before it is published.
Posted by: Lyle R | January 22, 2006 at 12:45 PM