Elder law attorneys handle several legal matters affecting the elderly, such as health care, guardianship, Medicare/Medicaid, and Social Security.
An elder law attorney handles crucial financial and estate planning issues and matters that affect their elderly clients’ quality of life, such as life planning and assisted living.
Elder law issues can be challenging to navigate. If you become incapacitated or other unexpected issues arise in your senior years, one wrong word or move can be the difference between a good result and disaster. An elder law attorney can assist you in making plans for what will happen if you become mentally or physically unable to look after yourself and your personal business matters.
When to Hire an Elder Law Attorney
In the following situations, senior citizens should carefully consider hiring an elder law attorney:
- They are going into a nursing home for long-term care and wish to protect/transfer assets to ensure their spouse’s financial security.
- They want to file a claim for Medicare or Medicaid and a claim for social security and disability claim.
- They plan to file a claim pertaining to age discrimination in the workplace.
- They want to make plans for their estate (management during their life and disposition on death)
- If they are seeking redressal to nursing home issues.
- They are looking for legal solutions to challenges like home equity conversions and discrimination in the housing market.
- People should start thinking about the best time to hire an elder care attorney before they actually need one. The sooner you hire an attorney, the sooner you can get your affairs in order. Waiting until an attorney is necessary, such as when a senior is ready to enter an assisted living facility or a nursing home, may place the senior at a disadvantage. It may be too late to take full advantage of eldercare attorneys’ benefits, such as financial planning. Minor updates can be made instead of expensive last-minute planning sessions if the basics are covered.
What Can an Elder Law Attorney Do for You?
An elder law attorney can assist family caregivers in exploring options for their loved one’s current situation and planning for what may happen in the future, mainly if a debilitating illness necessitates long-term care.
Elder law encompasses many fields of law, according to the National Academy of Elder Law Attorneys (NAELA), with elder law attorneys specializing in various areas.
Elder law attorneys help seniors with a variety of legal matters, including:
- Asset preservation and transfer. An elder law attorney who specializes in Medicaid planning can assist you with the Medicaid look-back period for giving money to your children or others so that you are eligible for Medicaid if you need it. Asset protection can also enable a surviving spouse to live independently and prevent the state from seeking reimbursement for long-term care costs through Medicaid.
- Claims and appeals for Medicare, Social Security, and disability.
- Claims and appeals for supplemental insurance and long-term health insurance.
- Wills, living wills, powers of attorney for financial and healthcare needs, and living trusts are all included in the estate and disability planning.
- Long-term care placements and access to health care in a nursing home or other managed care environment.
- Probate and estate administration, which includes payment of debts and taxes, as well as distributing property and assets to your heirs.
- Cases of elder abuse and fraud have been recovered.
- Conservatorships and guardianships. A guardianship can give an appointed conservator full or limited control over your finances and/or medical decisions, as well as other important decisions if you become physically or mentally incapacitated.
- Discrimination in housing and home equity conversions
- Law relating to health and mental health, Elder law is a specialized legal area that focuses on older adults and their adult children. This legal specialty focuses on specific needs, which include: Power of attorney and other important legal documents, Long term care planning and paying for care, Medicare and Medicaid planning, Veterans benefits, Estate planning, Disability planning, Elder abuse.
One of the most important financial decisions a person can make in their life is to hire an elder care attorney. Perhaps they are about to enter an assisted living facilities or are preparing to divide and relinquish their assets and estate. Planning for the future is vital regardless of the circumstances, but it is essential for seniors. A secure strategy is required to decide how their money will be spent throughout their remaining time and how their assets will be divided upon their eventual passing.
Khashan Law is one of the most respected elder abuse law firms in Southern California. The law firm sets the standard for protecting our elderly and dependent seniors from neglect and abuse, led by skilled and aggressive trial lawyers with over 25 years of combined expertise.
We represent elder abuse victims on a contingency fee basis. We do not receive a single fee unless we get a settlement or a money judgment for you. Khashan Law has provided experienced, aggressive representation to elder abuse and nursing home abuse victims and their families in Southern California contact us today at 951.461.2387.