What is Elder Law & How Do You Know If You Need an Elder Law Attorney?

Elder law is a specialized area of legal practice that focuses on issues affecting the elderly, those with a disability, and their families. This field encompasses a wide range of practice areas, including:

1. Estate Planning and Administration: Creating wills, trusts, advance directives, powers of attorney, and other estate planning documents to manage an individual’s estate during their life and distribute it after death.
2. Long-Term Care Planning: Planning for future medical and personal care needs, including long-term care insurance, in-home care, assisted living, and nursing home care.
3. Medicaid Eligibility Planning: Navigating the complexities of Medicaid to ensure eligibility and maximize benefits to pay for needed long-term care.
4. Guardianship and Conservatorship: Establishing legal guardianship or conservatorship for individuals who are no longer able to manage their own affairs.
5. Disability/Special Needs Planning: Creating plans and legal documents, such as a Special Needs Trust, to ensure that individuals with disabilities receive appropriate care and benefits.

You might need an elder law attorney if you or a loved one are facing any of the following situations:

• Self-care Struggles of a Loved One: If a loved one can no longer manage their own affairs and you may need to establish guardianship, complete powers of attorney, or find an appropriate senior living arrangement such as assisted living or skilled nursing.
• Planning for the Future: If you need help with estate planning, creating a will or trust, or planning for long-term care. It’s best to be proactive rather than reactive when planning for long-term care needs.
• Navigating Benefits: If you’re trying to understand or apply for Medicaid or Social Security benefits; if you’d like to qualify for Medicaid to pay for long-term care.
• Disability/Special Needs Planning: If you need to create a plan for a family member with a disability to ensure their care and financial support.

An elder law attorney can provide guidance, help navigate complex legal and financial systems, and advocate for the rights and needs of seniors and their families.