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Why It's Important to Hire a Certified Elder Law Attorney

Why It's Important to Hire a Certified Elder Law Attorney

You might find yourself needing an elder law attorney at some point in your life, but do you know why that is? Do you even know what an elder lawyer does? For those who are not familiar with the term, an elder lawyer specializes in helping older adults and their families deal with legal issues related to aging. An elder lawyer can help with many things related to growing older, such as estate planning, healthcare powers of attorney, and retirement planning. An elder law attorney has specific knowledge about laws that impact seniors. This article covers why it’s important to hire an experienced attorney if you are over the age of 50 or if you have a parent or grandparent who is dealing with the challenges of aging. Learn more about the services of a Certified Elder Law Attorney below:

Why It’s Important to Hire an Elder Law Attorney

While some people choose to DIY the process of executing an estate plan or executing a healthcare POA, others may find they need to hire an attorney. There are many reasons why this is true, but the main one is that these are complex legal documents that need to be tailored to the individual client. An elder law attorney will help you determine the best way to protect your assets and your loved ones, and tailor your documents to meet your specific needs. An elder law attorney has experience working with seniors, their families, and with their healthcare providers. They are also trained in state and federal law that pertains to aging, such as rules around POA, living wills, and medical assistance.

Estate Planning for Seniors

Estate planning is the process by which a person prepares a roadmap for the distribution of their assets after their death. It is equally important for seniors and for those who are in their 30s and 40s. It is vital for most seniors, but particularly for those who have a chronic illness, or who are caring for a loved one with a chronic illness. Estate planning can also be helpful for individuals who do not have a lot of assets to distribute. Estate planning can help ensure that loved ones receive the assistance they need when they are in need of care. Estate planning is an ongoing process and should not be done just once. It is recommended that people review and update their estate plans every five years or after a major life change. Some changes that may require an update include: marriage, divorce, birth of a child, death of a loved one, diagnosis of a serious illness, or a major change in financial circumstances.

Healthcare Power of Attorney (POA) and Living Will

A healthcare POA is a legal document that appoints someone to make healthcare decisions on your behalf if you are unable to do so. A healthcare POA appoints a healthcare agent and also a successor healthcare agent. These individuals can be family members or friends, but they must be willing and able to make the hard choices. A healthcare POA can be combined with a living will, which is a document stating your end-of-life wishes. A healthcare POA and a living will are two documents that all seniors should have. There are state-specific forms, and it is important to hire an elder law attorney to help you complete these documents.

Advance Directive (AD) and Determination of Death

An advance directive is a written document that describes a person’s wishes related to medical treatment. There are several types of advance directives including a medical power of attorney, a do not resuscitate (DNR) order, a durable power of attorney for health care, and a declaration regarding futile treatment. There are also state-specific forms for each of these documents. A medical power of attorney is a legal document that names your healthcare agent and a successor healthcare agent. A do not resuscitate order is a medical order that you are not to be revived if your heart stops. A durable power of attorney for health care is a legal document that names your healthcare agent and a successor healthcare agent. A declaration regarding futile treatment is a written document that states what you would like done if your doctors believe that a treatment would be futile.

Medicaid and Assisted Living

A Medicaid is a government program that helps with the cost of long-term care. There are certain requirements that must be met to qualify for Medicaid. There are also certain assets that you may keep while still qualifying for Medicaid. An elder law attorney can help you determine if you qualify for Medicaid and help you navigate the application process. An elder law attorney can also help you navigate the application process for assisted living. Assisted living is a housing option for seniors who are still independent but need some level of care. Assisted living is helpful for seniors who need help with daily tasks like bathing, cooking, and housekeeping but are still able to make their own choices.

Conclusion

This article has explained why it’s important to hire an elder law attorney. An elder law attorney has specific knowledge about laws that impact seniors. This article also covers estate planning, healthcare POA, advance directives (AD), and Medicaid, and assisted living. If you are over the age of 50, or if you have a parent or grandparent who is dealing with the challenges of aging, it is important to hire an elder law attorney.


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