ELDER LAW QUESTIONS

The facts and figures for Alzheimer’s disease are shocking. One in three seniors with die with Alzheimer’s or another form of age related dementia. A diagnosis of Alzheimer’s is typically followed by a period of heightened emotions and confusion, making it difficult to focus on the practical and legal ramifications of the diagnosis. Do not wait too long to consult with an elder law attorney though, as there are some important legal steps that should be taken as soon as possible to protect you, … [Read more...] about Can an elder law attorney help me with the legal steps that need to be taken if my mother/father was recently diagnosed with Alzheimer’s disease?

Most people who care for the elderly do so with kindness and patience; however, there are those who prey on society’s most vulnerable, including those in nursing home care. Conservative estimates indicate that more than 40 percent of nursing home residents have reported abuse, and more than 90 percent report that they or another resident of the facility have been neglected. Elder abuse is a crime; however, it can also form the basis of a civil lawsuit against the facility. If you suspect that a … [Read more...] about How can an elder law attorney help if I suspect nursing home abuse?

One of the most difficult decisions you will ever have to make as an adult child is the decision to petition for guardianship over a parent. It may feel as though you are taking away a parent’s independence and freedom. Failing to act, however, could put your parent at risk for serious injury or for becoming the victim of elder financial exploitation. Becoming your parent’s guardian may be the best way you can protect him/her. An elder law attorney can help you decide if guardianship is … [Read more...] about Can an elder law attorney help me petition for guardianship?

Neither Medicare nor most basic health insurance plans will cover the costs associated with long-term care. Unless you have the resources to cover the high cost of nursing home care out of pocket and indefinitely, you will likely find yourself turning to Medicaid for help. To be eligible, however, you must contend with very low “countable resources” limits that can put your retirement nest egg at risk if you failed to plan ahead. An elder law attorney can help you incorporate Medicaid planning … [Read more...] about Can an elder law attorney help with Medicaid planning?

Recent figures indicate that 65.7 million informal and family caregivers provide care to someone who is ill, disabled or aged in the U.S. Lost income and benefits over a caregiver's lifetime is estimated to range from a total of $283,716 for men to $324,044 for women, or an average of $303,880.30. Caregivers face emotional stress, financial hardship, and often legal struggles as a result of the care they provide. As a result, caregivers frequently benefit from the help of an experienced elder … [Read more...] about Why might a family member or caregiver need an elder law attorney?

Because elder law attorneys focus more on the client than on the type of law, an elder law attorney might handle a wide range of matters, such as: Denial of disability Guardianship Housing discrimination Estate planning Health insurance issues Retirement planning Nursing home abuse Medicaid planning Veteran’s benefits … [Read more...] about What types of legal matters would an elder law attorney handle?

The National Academy of Elder Law Attorneys, or NAELA, was formed in the late 1980s as a way to better serve this growing segment of the population. Five years after the creation of NAELA, the National Elder Law Foundation was formed. The purpose of the non-profit NELF was to help improve the professional skills of attorneys who choose to focus on elder law. Toward that end, NELF then developed a national certification program for attorneys known as the Certified Elder Law Attorney, or CELA, … [Read more...] about Are elder law attorneys certified?

Many people are reluctant to retain attorneys for things like estate planning and elder law need. Often times, we assume that we can get by with free advice, downloadable forms and plans, or other low-cost alternatives to professional counsel. In reality, though, those alternatives usually cause more problems than they resolve. An experienced attorney can help you create Medicaid planning strategies that can help you protect assets and secure the benefits you will need for long-term care. An … [Read more...] about How Can an Elder Law Attorney Help?

No senior should ever suffer abuse of any kind, and yet untold millions experienced neglect, physical or mental abuse, or emotional harm at some point during their twilight years. Elder abuse, fraud, and other mistreatment are crimes punishable by fine and imprisonment. If you suspect abuse of a loved one, contact the authorities or call an elder law attorney for advice about how to proceed. … [Read more...] about What if I suspect my loved one is suffering abuse?

Not at all. While your options become more limited in the senior years, there are still ways to preserve assets and obtain the Medicaid benefits you need. Those strategies do involve complex matters of law, so be sure to consult with an experienced elder law attorney to find our which options work best for you. … [Read more...] about My loved one is in a nursing home now. Is it too late to get help?