Elderly Law: Issues An Elderly Care Attorney Can Help With

A significant increase in the senior population has been noted in recent years and is predicted to continue. With this projection, an increase in new legal issues for seniors and caregivers is likely to be expected.

If you live with your grandparents, parents, or anyone getting old, looking at “elder law” can benefit you. You may require assistance from an attorney specializing in elder law as this area is still relatively new. Find out how an elder law lawyer can help you and your older loved ones.

When Is the Help of an Elder Law Attorney Needed?

Making sure you are protecting the rights of your elderly loved ones gets more and more vital as they age. Seniors can ensure their security and safety as they age through the help of an older lawyer and thorough preparation in advance. If you’re wondering whether you need the help of an attorney, here are instances when you can gain from collaborating with an elder law lawyer.

1. Long-Term Care Planning

Most seniors eventually require assistance to complete their daily tasks, so some resort to nursing homes. Unfortunately, long-term health care (LTC) is expensive, so many seniors are forced to use Medicaid for help.

If you have not planned and integrated Medicaid planning into your estate planning, being eligible for Medicaid could endanger your assets. It is possible to seek advice from a Medicaid planning lawyer to determine the best ways to increase your chances of being eligible for Medicaid. 

2. Incapacity Planning

If you’re an older person, adding incapacity plans to your estate plan is recommended to ensure that your wishes are carried out if you cannot communicate due to reasons such as Alzheimer’s disease.

Living trusts, durable powers of attorney, or “living wills” are standard tools elder law attorneys use to transfer authority over financial affairs, medical care, and other issues in the event of incapacity or death. As a judge will select a person who will handle these responsibilities if there is no plan for the future, it helps prepare the documents with good advice from an elder law attorney. 


3. Estate Planning

Elder law lawyers use trusts or wills and other documents for estate planning to help clients manage their estates. With a plan, seniors can also decide how those who inherit can use it should they have particular needs, are dependent, or have trouble with creditors.

On top of that, keep in mind that your loved ones with special needs may be disqualified from their government benefits once they receive an inheritance. Thankfully, Friedman Elder Law Department: special needs can help you avoid that from happening.

4. Guardianship

You may consider petitioning for guardianship if you are concerned that elderly family members cannot care for themselves and manage their finances.

Guardianship processes for a senior or disabled person who can no longer make decisions independently are best handled by Friedman Elder Law Department attorneys specializing in elder law. They represent those whose families have sought guardianship. Thus, working with an expert could pave a smoother and safer future for the loved ones you love.

5. Elder Abuse

Abuse of older people is a common social problem that can be seen in many different forms. Physical abuse may be the first thing that comes to mind, but financial abuse costs older people significant money yearly.

If you suspect anything related to this, you should speak with an attorney to ensure your loved one’s rights and safety are prioritized even when they are old.